In re K.D.
Annotate this CaseMother and Stepfather lived with Mother's two children. The Department of Child Services (DCS) filed a petition alleging that K.D. and K.S. were children in need of services (CHINS). Mother admitted the children were CHINS, but Stepfather denied the allegations. After Stepfather requested a fact-finding hearing, the trial court converted the contested fact-finding hearing scheduled for Stepfather into a contested dispositional hearing. After the dispositional hearing, the juvenile court found the children were in need of services. The court of appeals reversed, finding that Stepfather was denied due process by not receiving a fact-finding hearing. The Supreme Court granted transfer, thereby vacating the court of appeals, and held that a parent who requests a contested fact-finding hearing has a due process right to that hearing, and whenever a trial court is confronted with one parent wishing to make an admission that a child is in need of services and the other parent wishing to deny the same, the trial court shall conduct a fact-finding hearing as to the entire matter. Remanded.
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