• Skip to main content
  • Skip to footer
  • Categories
    • Civil
    • Criminal
    • Juvenile
  • Courts
    • Supreme
    • Appeals
    • Tax
    • SCOTUS
    • 7th Circuit
  • Judges

Case Clips

Published by the Indiana Office of Court Services

A.K. v. Indiana Dep't of Child Services, St. Joseph County, No. 71A05-0905-JV-261, __ N.E.2D __ (Ind. Ct. App., Mar. 31, 2010)

April 1, 2010 Filed Under: Juvenile Tagged With: Appeals, P. Mathias

MATHIAS, J.
We first address the importance of findings of fact and conclusions of law in termination of parental rights proceedings. The probate court was not statutorily required to enter findings of fact in issuing its judgment involuntarily terminating Mother’s and Father’s parental rights to A.K. See Ind. Code § 31-35-2-8; Parks v. Delaware County Dep‟t of Child Servs., 862 N.E.2d 1275, 1278 (Ind. Ct. App. 2007). But where, as here, the rights involved are of constitutional magnitude, our review cannot begin and end with the mere fact that applicable statutes do not require a trial court to support its conclusions with any identifiable rationale. An earlier panel of our court has opined that in light of the serious and permanent nature of termination of parental rights proceedings, a trial court’s termination order should include the findings of fact and conclusions of law necessary to support its decision. See Parks, 862 N.E.2d at 1280-81 (stating that termination of parental rights is such a serious matter that appellate courts must be convinced the trial court based its judgment on proper considerations). We believe that a judgment terminating the relationship between a parent and child is impossible to review on appeal if it is nothing more than a mere recitation of the conclusions the governing statute requires the trial court to reach. Indiana’s parents and children deserve more, and the basic notions of due process inherent in our system of justice demand more.
Trial courts are required by statute to enter findings of fact and conclusions of law in CHINS proceedings. See Ind. Code § 31-34-19-10 (2008). Likewise, findings of fact and conclusions of law are required in grandparent visitation proceedings. See Ind. Code § 31-17-5-6 (2008); K.I. ex rel. J.I. v. J.H., 903 N.E.2d 453, 462 (Ind. 2009). Proceedings to terminate parental rights touch interests at least as fundamental as those regarding CHINS and grandparent visitation. We hold today that our trial courts must treat them accordingly, with the constitutional gravity they clearly have, and enter findings of fact that support the entry of the conclusions called for by Indiana statute and the common law.
DARDEN, J., and ROBB., J., concur.

Read the full opinion

If the link to the opinion in this case isn’t available above, you can search for it at public.courts.in.gov/decisions

Footer

About

Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

Subscribe
  • Flickr
  • RSS
  • Twitter
  • YouTube

Archive

Copyright © 2025 · Indiana Office of Court Services · courts.in.gov/iocs