In re: H.T. v. , 49A02-0805-JV-452
2nd Dist., 12-10-08, Ind.App.
Attorney: Steven J. Halbert
Holding: I.C. 31-35-2-6.5(b) requires Department of Child Services (DCS) to send parents notice of date, time, and location of hearing on a petition to terminate parental rights at least ten days prior to the hearing. This statutory notice is a procedural precedent that must be performed prior to commencing an action. In re T.W., 831 N.E.2d 1242 (Ind.Ct.App. 2005). Here, DCS failed to provide Mother with essential notice of termination hearing. Only notice provided to Mother was a general notice of termination proceedings which specifically informed her that she had “until April, 1, 2008″ to respond to complaint before her parental rights “may” be terminated. As a result, Mother’s statutory right to notice of termination hearing was fatally compromised. Held, judgment terminating Mother’s parental rights reversed.
