In re J.G. v. , 32A04-0902-JV-79
4th Dist., 08-07-09, Ind.App.
Attorney: Eric M. Oliver
Holding: Trial court erred in ordering Indiana Department of Child Services (DCS) to pay for appointment of counsel to represent Mother in termination of parental rights proceeding. It is not evident that the legislature intended that legal services be included in statutory definition of “services” in termination proceedings, for which DCS is responsible for paying. See I.C. 31-40-1-2; I.C. 31-40-1-1.5(c). As a general rule, the legislature prefers for the counties, rather than the State, to be responsible for the cost of legal services. Held, judgment reversed and remanded; Barnes, J., dissenting, believes that after passage of HEA 1001, DCS is responsible for cost of appointed counsel in termination proceedings and majority’s reliance on statutory definition of “services” is misplaced.
