ILNews

Courts not responsible to find person named in subpoena

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It is not up to the court to find someone named in a subpoena if the person requesting it doesn’t know where to send the subpoena, the Indiana Court of Appeals ruled. That argument was being made by an incarcerated father appealing a determination that his child is in need of services.

Child V.C. lived with the child's mother, who had a history of issues with her mental state. At one point, mother was no longer able to care for V.C., which led to a CHINS determination. Eventually, mother was able to adequately care for V.C. After that initial proceeding, V.C.’s maternal aunt was approved to care for V.C. for short periods if mother’s mental state deteriorated to the point where she needed a break from the child.

In August 2011, mother told police and the Department of Child Services that she could no longer provide suitable care for her child. V.C.’s father, V.S., was incarcerated at the time. DCS alleged that V.C. was a CHINS and was granted temporary wardship.

V.S. denied the CHINS allegations and claimed that the maternal aunt would take V.C. He requested the aunt be subpoenaed, but did not provide the court with an address. He believed the court should track her down. V.S. also sought a continuance of the fact-finding hearing so he could secure the aunt’s testimony regarding her potential willingness to take the child. The juvenile court denied the subpoena request and continuance, and the court determined V.C. was a CHINS. V.C was placed in foster care.

The appellate judges affirmed, finding V.S.’s procedural due process rights weren’t denied when the court denied his requests to issue a subpoena to the aunt or continue the hearing. The father didn’t show how being incarcerated prevented him from contacting V.C.’s mother or the DCS to get the aunt’s contact information or that he couldn’t access research databases to find her information, wrote Judge Cale Bradford. It’s not the juvenile court’s responsibility to “go out and find” the person named in the subpoena, wrote the judge.

Father was also mistaken about the prior case plan involving the aunt. The former case manager, Kirstin Meadows, testified as a witness during the fact-finding hearing that the aunt was only approved to babysit.

“In light of Meadow’s testimony refuting Father’s claim that no CHINS determination was necessary because maternal aunt had been approved to accept custody of V.C., as well as DCS’s stipulation to Father’s desired testimony that maternal aunt would be willing to be considered as a relative placement for V.C., we conclude that Father has failed to demonstrate good cause for granting his request for a continuance,” Bradford wrote in In the Matter of V.C., Child Alleged to be in Need of Services v. Indiana Dept. of Child Services, No. 79A02-1112-JC-1172.

 

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  1. Payday loans take advantage of people in many ways. It's great to hear that the courts are using some of their sins to pay money back to the community. Hopefully this will help change the culture of many loan companies, and make lending a much safer endeavor for those in need. http://lawsuitlendingnow.com/lawsuit-loans-post-settlement.html

  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

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