ILNews

COA: Social worker able to testify as expert witness

Back to TopCommentsE-mailPrintBookmark and Share

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.  

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  2. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  3. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

  4. I would like to discuss a commercial litigation case. If you handle such cases, respond for more details.

  5. Great analysis, Elizabeth. Thank you for demonstrating that abortion leads, in logic and acceptance of practice, directly to infanticide. Women of the world unite, you have only your offspring to lose!

ADVERTISEMENT