In the Matter of J.K., a Child in Need of Services: M.K. v. Marion County Department of Child Services and Child Advocates, Inc.

Summary

The Indiana Supreme Court held that the cumulative effect of a trial court's derogatory and coercive comments in a CHINS proceeding deprived the father of an impartial tribunal and due process. Because the comments pressured him to waive fact-finding and admit that his daughter was a child in need of services, the court reversed the CHINS adjudication. The court noted that reversal was moot as to the child, who had turned eighteen, but addressed the issue as one of public importance.

Holdings

1. The cumulative effect of the trial court's derogatory, impatient, and hostile comments and conduct breached its duty to remain impartial and deprived Father of a fair proceeding.
2. The trial court's conduct coerced Father's admission that J.K. was a CHINS, and that coercion constituted fundamental error despite Father's failure to object to the court's earlier comments.
3. No remand was necessary because J.K. had turned eighteen, rendering the CHINS adjudication moot except for the public-importance issue resolved by the court.

Questions Presented

1. Whether the cumulative effect of the trial court's comments, demeanor, and conduct deprived Father of his due process right to an impartial tribunal.
2. Whether the trial court's statements coerced Father into waiving fact-finding and admitting that J.K. was a child in need of services.
3. Whether reversal required a remand after J.K. reached the age of eighteen.

Disposition

reversed