[13] On May 16, 2018, the trial court entered an order terminating Mother's parental rights to Child. With regard to notice, the court found:
On October 17, 2017, [DCS] sent Notices to [Mother] at [her] last known address[ ] (Exhibit # 1 from the hearing on May 3, 2018). The Notices comply with the requirements of I.C. 31-35-2-6.5. [FCM] Neeley testified that he sent [Mother]'s Notice to her last known address at 2457 W. Marlene Dr. ... [Mother] testified that Mr. Neeley was lying under oath and that she had provided Mr. Neeley with a different address prior to the Fact-Finding hearing. She further testified that she thought the Fact-Finding hearing was happening "a few days in the future." The Court accepts Mr. Neeley's testimony as truthful. [Mother] is not a credible witness. The Court does not accept her testimony as truthful.
Appendix Vol. II at 8. Mother filed the instant appeal. Additional facts will be provided as needed.
Discussion & Decision
Motion to Reopen the Evidence
[14] Mother argues that the court abused its discretion in granting DCS's motion to reopen the evidence. She asserts that this court's order remanding the case made no mention of reopening the evidence. She also claims that she was greatly prejudiced by the court's decision to permit DCS to present additional evidence as to whether she was afforded notice of the termination hearing such that "her substantive due process rights under the Fourteenth Amendment to build and maintain a family have been compromised." Appellant's Brief at 11. We disagree.
[15] "[W]hen the government seeks to terminate the parent-child relationship, it must do so in a manner that meets the requirements of due process." Q.B. v. Marion Cnty. Dep't of Child Servs. , 873 N.E.2d 1063, 1067 (Ind. Ct. App. 2007). These include not only compliance with the various statutory requirements of the Indiana Code, but also the fundamental constitutional requirements prohibiting " 'state action that deprives a person of life, liberty, or property without a fair proceeding.' " In re A.B. , 922 N.E.2d 740, 744 (Ind. Ct. App. 2010) (quoting In re B.J. , 879 N.E.2d 7, 16 (Ind. Ct. App. 2008), trans. denied ). Among the protections written into our statutes, I.C.§ 31-35-2-6.5 provides, in relevant part, that "[a]t least ten (10) days before a hearing on a petition or motion under this chapter ... the person or entity who filed the petition to terminate the parent-child relationship ... shall send notice of the review to ... [t]he child's parent." This court has held "[c]ompliance with the statutory procedure of the juvenile code is mandatory to effect termination *503of parental rights." In re T.W. , 831 N.E.2d 1242, 1246 (Ind. Ct. App. 2005). Although statutory notice "is a procedural precedent that must be performed prior to commencing an action," it is not "an element of plaintiff's claim." In re H.K. , 971 N.E.2d 100, 103 (Ind. Ct. App. 2012). Rather, failure to comply with statutory notice is a defense that must be asserted. Id.
[16] In H.K. , this court considered on the merits whether DCS complied with the statutory notice requirement of I.C. § 34-35-2-6.5. Finding no evidence in the record that indicated DCS had complied with the notice statute, the court concluded the "most appropriate remedy" was to remand to the trial court with instructions that the court conduct a hearing to determine if DCS properly provided the requisite notice to the mother of the date and time of the final hearing. H.K. , 971 N.E.2d at 103.
[17] Although at a different procedural junction, the same remedy was employed here. This court granted DCS's motion to remand "for further proceedings" on the issue of whether Mother received the requisite notice of the termination hearing. In this regard, we find the court on remand properly interpreted this court's order as providing DCS with the opportunity to demonstrate compliance with I.C. § 31-35-2-6.5. Such an opportunity required that the court hold a hearing and that the evidence be reopened so DCS could present evidence as to whether Mother was afforded the requisite notice of the termination hearing. Indeed, given that DCS essentially conceded that the record was devoid of evidence that DCS provided the requisite notice, remand for further proceedings would have been pointless if the trial court could not reopen the evidence. We therefore conclude that the trial court did not err in granting DCS's motion to reopen the evidence.
Sufficiency
[18] Mother argues that, even if it was not error for the trial court to reopen the evidence, DCS did not present sufficient evidence that she was afforded the requisite notice of the termination hearing. Once the defense of lack of notice is placed in issue, DCS bears the burden of proving compliance with the notice statute. H.K. , 971 N.E.2d at 103.
[19] On remand, DCS presented testimony from FCM Neeley that notice was sent to Mother's last known address more than ten days prior to the termination hearing. When challenged as to what he knew to be Mother's last known address, FCM Neeley maintained that he knew Mother's last address to be on West Marlene Drive. DCS also provided copies of the notice itself, which was addressed to Mother at the West Marlene Drive address and dated October 17, 2017. The termination hearing was held on October 30, 2017. To refute DCS's evidence, Mother testified that FCM Neeley was lying under oath and claimed that she provided him with a different address prior to the termination hearing.
[20] The conflicting evidence necessarily required the court to make a credibility determination, and the trial court expressly determined in its order terminating Mother's parental rights that it found FCM Neely's testimony truthful and that Mother was not credible. We will not second-guess the court in this regard. DCS presented evidence that notice of the termination hearing was sent to Mother at her last known address more than ten days prior to the termination hearing. This is sufficient for purposes of I.C. § 31-35-2-6.5. See H.K. , 971 N.E.2d at 103 (holding that while formal service of process is not required, DCS is required to send notice of a termination hearing to the parent's last known address at least ten days before the *504hearing); In re C.C. , 788 N.E.2d 847 (Ind. Ct. App. 2003) (holding notice of the final termination hearing was not defective under I.C. § 31-35-2-6.5 where DCS established it mailed such notice to father's last known address, even though DCS knew father did not reside at that location).
[21] Judgment affirmed.
Najam, J. and Pyle, J., concur.
Order
[1] Appellee, by counsel, filed a Motion to Publish Memorandum Decision.
[2] Having reviewed the matter, the Court finds and orders as follows:
1. The Appellee's Motion to Publish Memorandum Decision is granted.
2. This Court's opinion heretofore handed down in this cause on November 30, 2018, marked Memorandum Decision, is now ordered published.
3. The Clerk of this Court is directed to send copies of said opinion together with copies of this order to the West Publishing Company and to all other services to which published opinions are normally sent.
[3] Ordered 1/9/2019.
[4] Najam, Pyle, Altice, JJ., concur.