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High court hears first 'rocket docket' appeal

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In the first appeal of a juvenile case under Indiana Appellate Rule 14.1, the "rocket docket," the Indiana Supreme Court ruled the juvenile court's determination that a child shouldn't be immediately reunited with his mother until after the school year concluded - contrary to what the Department of Child Services recommended - wasn't clearly erroneous.

Also in the appeal, the Supreme Court addressed whether the juvenile court's order rejecting DCS' placement recommendation is eligible for expedited appeal under Rule 14.1; what the appropriate appellate standard for review for these types of expedited appeals is; and whether the juvenile court properly rejected DCS' recommendation.

In the case granted transfer with opinion today, In Re: T.S., a child in need of services, Indiana Department of Child Services v. LaPorte Circuit Court and LaPorte County CASA, No. 46S04-0904-JV-160, the high court first had to determine whether the juvenile court's decision was within the category of rulings appealable under App. Rule. 14.1. The rule says that orders entered under Indiana Code Section 31-34-19-6.1(f) are eligible for expedited appeal; that statute says if a juvenile court enters findings under -6.1(d) and (e), the department may appeal in an expeditious manner the juvenile court's decree under any available procedure provided by Indiana Rules of Trial Procedure or Indiana Rules of Appellate Procedure. In this case, the juvenile court entered a dispositional decree with written findings and conclusions and stated why it wasn't accepting DCS' recommendation T.S. immediately be returned to his mother's home, which satisfies subsections (d) and (e), wrote Justice Brent Dickson.

The Supreme Court agreed with DCS that I.C. Section 31-34-19-6.1(d) at the trial court level means the trial court is to accept DCS' recommendations unless they are unreasonable or contrary to the welfare of the child and the state is to presume the recommendations are correct.

"Because of the statutory presumption favoring DCS' final recommendations, juvenile courts thus lack unfettered discretion to make a contrary decision," the justice wrote.

However, the appellate review standard under this statute will be reviewed as clearly erroneous instead of an abuse of discretion. The juvenile court supported with specific factual findings its conclusion that reunification wasn't in T.S.' best interest at that time. DCS didn't show the findings failed to support the juvenile court's ruling and the high court declined to find the juvenile court's determination was clearly erroneous, wrote Justice Dickson.

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  1. Contact Lea Shelemey attorney in porter county Indiana. She just helped us win our case...she is awesome...

  2. We won!!!! It was a long expensive battle but we did it. I just wanted people to know it is possible. And if someone can point me I. The right direction to help change the way the courts look as grandparents as only grandparents. The courts assume the parent does what is in the best interest of the child...and the court is wrong. A lot of the time it is spite and vindictiveness that separates grandparents and grandchildren. It should not have been this long and hard and expensive...Something needs to change...

  3. Typo on # of Indiana counties

  4. The Supreme Court is very proud that they are Giving a billion dollar public company from Texas who owns Odyssey a statewide monopoly which consultants have said is not unnecessary but worse they have already cost Hoosiers well over $100 MILLION, costing tens of millions every year and Odyssey is still not connected statewide which is in violation of state law. The Supreme Court is using taxpayer money and Odyssey to compete against a Hoosier company who has the only system in Indiana that is connected statewide and still has 40 of the 82 counties despite the massive spending and unnecessary attacks

  5. Here's a recent resource regarding steps that should be taken for removal from the IN sex offender registry. I haven't found anything as comprehensive as of yet. Hopefully this is helpful - http://www.chjrlaw.com/removal-indiana-sex-offender-registry/

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