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Indiana Supreme Court grants transfer in parental rights case

December 5, 2016

Indiana’s highest court has agreed to hear a case regarding the termination of two parents’ rights to their children, with the father arguing that his rights should be restored because the Indiana Department of Child Services failed to file the termination petition within the required legal time frame.

In D.B. and V.G. v. Indiana Department of Child Services, 54S01-1612-JT-630, the Indiana Court of Appeals affirmed a lower court’s decision to terminate D.B. and V.G.’s rights to the two children they have together and to V.G.’s three older children from a prior relationship. D.B. had appealed the termination based on a lack of evidence and on the fact that DCS had missed the window for filing the termination petition by five days, thus making the petition invalid. But the Indiana Court of Appeals held that such error was harmless.

The justices also granted transfer in the case of Eduardo Cruz-Salazar v. State of Indiana, 49S05-1611-CR-626. In an opinion issued last week, the high court affirmed Cruz-Salazar’s drug conviction after holding that the officer in the case was justified in his warrantless search of the defendant’s truck because he encountered an emergency situation.

The state Supreme Court denied transfer to 24 other cases during the week ending Dec. 2. All transfer decisions can be viewed here

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