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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. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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