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PARENT-CHILD RELATIONSHIP OF L.B. & S.C. v. MORGAN CTY. DEPT. OF PUBLIC WELFARE

No. 55A04-9209-CV-323.

616 N.E.2d 406 (1993)

In the matter of the Termination of the PARENT-CHILD RELATIONSHIP OF L.B. and S.C., Children, and S.B., Mother, Appellant, v. Morgan County Department of Public Welfare, Appellee.

Court of Appeals of Indiana, Second District.

Transfer Denied September 13, 1993.

Attorney(s) appearing for the Case

Richard J. Wood, Mooresville, for appellant.

Michael C. Ice, McNutt, Hurt & Blue, Martinsville, for appellee.

SHIELDS, Judge.

S.B. appeals the involuntary termination of her parental rights as to her children, L.B. and S.C.

We reverse.

ISSUE

S.B. raises two issues for our review; however we raise sua sponte an issue which constitutes fundamental error and is dispositive of this appeal: Did the Morgan County Department of Public Welfare properly plead and prove the elements of IC 31-6-5-4(c) (1992 Supp.)?

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