J.A. v. Ind. Dep’t of Child Servs. & Child Advocates, Inc.

In 2010, the Department of Child Services (DCS) filed a petition alleging that G.P. was a child in need of services (CHINS) because Mother had a history of drug abuse. At an initial hearing before the CHINS court, Mother waived her right to counsel. G.P. was found to be a CHINS. At a subsequent CHINS review hearing, Mother requested counsel. The trial court concluded that Mother was entitled to representation but did not then actually appoint counsel for Mother. After additional CHINS hearings, at which Mother remained unrepresented, DCS filed an action to terminate the parental rights (TPR) of Mother with respect to G.P. The trial court appointed counsel to represent Mother during the TPR process at Mother’s request. Mother’s parental rights were subsequently terminated, and G.P. was adopted by his paternal grandparents. The Supreme Court vacated the trial court judgment terminating Mother’s parental rights because Mother was denied her statutory right to counsel during the course of the CHINS proceedings, and those proceedings directly influenced the TPR process. View "J.A. v. Ind. Dep't of Child Servs. & Child Advocates, Inc." on Justia Law