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ELLIS v. KNOX COUNTY DEPT. OF PUBLIC WELFARE

No. 1-481A118.

433 N.E.2d 847 (1982)

Thelma J. ELLIS, Appellant (Respondent below), and Brian K. Ellis, Appellant (Respondent below), v. KNOX COUNTY DEPARTMENT OF PUBLIC WELFARE, Appellee (Petitioner below).

Court of Appeals of Indiana, First District.

April 14, 1982.

Attorney(s) appearing for the Case

Joe D. Black, Scott K. Foncannon, Foncannon & Foncannon, Vincennes, Donald R. Lundberg, Kenneth J. Falk, Legal Services Organization of Indiana, Inc., Indianapolis, Dennis K. Frick, Legal Services Organization of Indiana, Inc., Vincennes, for appellants.

Robert D. Lewis, Miller, Lewis & Miller, Vincennes, for appellee.

ROBERTSON, Judge.

The appellant-respondents, the natural parents of Chad Owen Ellis, appeal from the trial court's judgment terminating their parental rights.

Because we reverse, the sole issue to be examined is the constitutionality of the preponderance of the evidence standard set forth in Ind. Code 31-6-7-13(a) and heretofore applicable in proceedings to terminate parental rights. The recent United States Supreme Court case of Santosky v. Kramer,

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