Robb, C.J.
Case Summary and Issue
T.S. (“Father”) appeals the termination of his parental rights as to D.T. and raises one issue on appeal: whether his due process rights were violated when the lower court did not appoint a Guardian ad Litem (“GAL”) for Father. Concluding that his due process rights were not violated, we affirm.
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We must determine whether any risk of error created by not providing Father with a GAL tips the balance in favor of a determination that Father was denied due process. For several reasons, we determine that it does not. Firstly, we note that Indiana law requires that a GAL be appointed to represent and protect the best interests of a child when a child is alleged to be a CHINS. Ind. Code § 31-34-10-3. However, that statute applies to the child who is the subject of the CHINS allegation. See In re A.L.H., 774 N.E.2d at 901.
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We conclude that any risk of error created by not providing Father with a GAL was low. Father was represented by counsel, and Father’s mother was involved in the process. [Footnote omitted.] Father makes statements about what a GAL would have done and how things would then have been different, but we are not convinced. Father was given multiple chances to participate in services and learn to parent the Child, but declined to do so. The record indicates that Father chose not to participate in services, not that he did not participate because he was unaware that the proscribed steps were necessary if he wanted to maintain his relationship with the Child. The juvenile court properly determined that the best interests of the Child would be best served by terminating the relationship between Father and the Child and allowing the Child to be adopted. There was no fundamental error, and Father’s due process rights were not violated when the court failed to appoint a GAL to him.
Conclusion
Concluding that Father’s due process rights were not violated, we affirm.
Affirmed.
MAY, J., and PYLE, J., concur.