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In the Matter of: A.B. and B.B. (Minor Children), E.B. (Mother) v. Indiana Department of Child Services
No. 25A-JC-1315
Civil. Appeal from the Brown Circuit Court, Judge Mary Wertz. Affirms the adjudication of A.B. and B.B. as children in need of services. Holds that even if the trial court erred in denying Mother’s emergency motion to continue the fact-finding hearing based on one of her attorneys’ hospitalizations, Mother failed to establish prejudice warranting reversal, particularly where she was represented by two attorneys and did not show how the denial affected her ability to secure expert testimony or prepare her defense. Further holds the trial court did not abuse its discretion in excluding the results of Stepfather’s unstipulated polygraph examination, reiterating that polygraph evidence is generally inadmissible absent a valid stipulation and rejecting Mother’s argument for a civil-case exception. Concludes that Mother did not demonstrate reversible error in either the denial of the continuance or the exclusion of the polygraph evidence. Appellant’s attorneys: Bryan L. Ciyou; Anne M. Lowe. Appellee’s attorney: Office of the Indiana Attorney General.
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