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COA: Social worker able to testify as expert witness

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A social worker who testified about a parenting assessment at a termination of parental rights hearing was properly allowed to testify as an expert witness, the Indiana Court of Appeals ruled, because the Indiana Rules of Evidence control. The judges affirmed the termination of a mother’s parental rights to her two young sons.

T.H. argued the trial court erred by qualifying social worker Jillorna Uceny as an expert witness who testified about mother’s Child Abuse Potential Inventory score. The results of the assessment showed T.H. had little interaction with her children and that the boys would be at risk in her care.

“Although Indiana Code section 25-23.6-4-6 prohibits a licensed clinical social worker from providing expert testimony, Indiana Evidence Rule 702 contains no social-worker exclusion. And because the Indiana Rules of Evidence control when they conflict with a statute, we hold that the social worker in this case was able to testify as an expert witness and was properly qualified as such,” Judge Nancy Vaidik wrote in In the Matter of the Parent-Child Rel. of: B.H. & B.H., and T.H. v. The Indiana Dept. of Child Services, 52A02-1210-JT-849.

T.H. also challenged Uceny’s testimony about her CAPI results because she claimed there was no showing the test is based on reliable scientific methodology or technique. But under Rule 702, no specific test is required to establish reliability, Vaidik pointed out. Uceny testified about the history of the test and how it is accepted and widely used in the psychiatric community. Her testimony is sufficient to establish CAPI’s reliability.

The judges did find errors in the trial court admitting Miami County Department of Child Services caseworker Sara Stolina’s progress reports and allowing her to testify about T.H.’s compliance and participation in services. The progress reports shouldn’t have been allowed under the business record exception to the hearsay rule, but the error is harmless as the judgment terminating the mother’s parental rights doesn’t refer to the progress reports or their contents. It was also a harmless error to allow Stolina to testify about mother’s participation in services because the majority of her knowledge came from service providers’ statements to her, which would be inadmissible hearsay.

There is also clear and convincing evidence to support the determination that there is a reasonable probability that the conditions leading to the boys’ removal and continued placement outside of T.H.’s care will not be remedied, the appellate court held.  

 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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