Involuntary Termination of the Parent-Child Relationship of S.B. v. Marion County Department of Child Services
Involuntary Termination of the Parent-Child Relationship of S.B. v. Marion County Department of Child Services
Opinion of the Court
We granted transfer in this case and In the Matter of Involuntary Termination of the Parent-Child Relationship of I.P., 5 N.E.3d 750 (Ind. 2014), to address due process safeguards where a magistrate presiding over a termination of parental rights hearing resigns before reporting recommended findings and conclusions to the judge. In accord with our decision today in In re I.P., we find the procedure used in this ease violated the parent’s due process rights.
The Marion County Department of Child Services (“MCDCS”) petitioned to involuntarily terminate the parental rights of K.G. (“Mother”) to her four children. Magistrate Julianne Cartmel presided over the termination hearing. Mother did not attend, but she was represented by counsel. At the conclusion of the evidentiary hearing, Magistrate Cartmel took the matter under advisement, but she resigned her position before reporting recommended findings and conclusions to Judge Marilyn Moores. See Ind.Code § 33-23-5-9. The case was transferred to Magistrate Larry Bradley, who, without holding a new evidentiary hearing, reviewed the hearing record and reported recommended findings and conclusions. Judge Moores approved the findings and conclusions and ordered Mother’s parental rights terminated. On Mother’s appeal, the Court of Appeals found no due process violation and affirmed.
In our decision today in In re I.P., we discuss the constitutional rights of parents to the care, custody, and control of their children, and the process due a parent when the State seeks to terminate a parent’s rights. 5 N.E.3d at 751 (citing In the Matter of the Involuntary Termination of the Parent-Child Relationship of C.G., 954 N.E.2d 910, 917 (Ind. 2011); Bester v. Lake Cnty. Office of Family & Children, 839 N.E.2d 143, 147 (Ind. 2005)).
In re I.P. also reasserts the principle that a party is entitled to a determination of the issues by the judge who heard the evidence, and, where a case is tried to a judge who resigns before determining the issues, a successor judge cannot decide the issues or enter findings without a trial de novo. State ex rel. Harp v. Vanderburgh Cir. Ct., 227 Ind. 353, 85 N.E.2d 254, 258 (1949). When a successor judge who did not hear the evidence or observe the witnesses’ demeanor attempts to weigh evidence and make credibility determinations, the judge “is depriving a party of an essential element of the trial process.” In the Matter of the Involuntary Termination of the Parent-Child Relationship of D.P., 994 N.E.2d 1228, 1232 (Ind.Ct.App. 2013) (quoting Urbanational Developers, Inc. v. Shamrock Eng’g, Inc., 175 Ind.App. 416, 372 N.E.2d 742, 746 (1978)).
It is precisely because the judge or magistrate presiding at a termination hearing has a superior vantage point for assessing witness credibility and weighing evidence that we give great deference to
We reverse the trial court’s judgment and remand for further proceedings consistent with this opinion.
Reference
- Full Case Name
- In the Matter of the Involuntary Termination of the Parent-Child Relationship of S.B., AY.B., A.B. and K.G., K.G., (Respondent) v. Marion County Department of Child Services, (Petitioner), and Child Advocates, Inc., (Guardian Ad Litem)
- Cited By
- 2 cases
- Status
- Published