ILNews

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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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