Opinions Feb. 16, 2022

Court of Appeals of Indiana
In the Matter of the Paternity of J.K.: Moussa Henry Kante v. Carrie E. Long
Juvenile paternity. Affirms the Johnson Circuit Court’s order modifying parenting time for Carrie E. Long to have her son J.K. with her during most of the summer to accommodate his basketball schedule rather than in Texas with his father, Moussa Kante. Finds the parenting time award was both consistent with the Indiana Parenting Time Guidelines and was reasonable. Also finds the trial court explained, in writing, why the deviation from the guidelines was appropriate, and it did not abuse its discretion. Finally, finds the trial court was not required to make the factual finding contemplated by Indiana Code § 31-14-14-1.

C.H. v. Review Board of the Indiana Department of Workforce Development and BKD TwentyOne Management Co., Inc. (mem. dec.)
Agency action. Affirms the Review Board of the Department of Workforce Development’s decision affirming an administrative law judge’s dismissal of C.H.’s unemployment claim. Finds C.H. was afforded due process and a reasonable opportunity to participate in a telephonic hearing.

Lavon Edward Beverly v. State of Indiana (mem. dec.)
Criminal. Affirms Lavon Beverly’s conviction for Level 4 felony unlawful possession of a firearm by a serious violent felon. Finds Beverly has waived his evidentiary challenges. Waiver notwithstanding, finds reversal is not warranted.

Donald F. Harvey v. State of Indiana (mem. dec.)
Criminal. Affirms Donald Harvey’s convictions of Level 4 felony burglary, Level 6 felony resisting law enforcement and Level 6 felony theft. Finds sufficient evidence to support his burglary conviction.

In the Matter of K.B., a Child in Need of Services; R.B. (Mother) v. Indiana Department of Child Services (mem. dec.)
Juvenile CHINS. Affirms the adjudication of R.B.’s minor child, K.B., as a child in need of services. Finds ample independent evidence to support the CHINS adjudication. Also finds that the probable impact of R.B.’s testimony was sufficiently minor so as to not affect her substantial rights. Finally, finds any error in the admission of testimony from R.B.’s adult son was harmless.

J.M. v. State of Indiana (mem. dec.)
Juvenile. Affirms the St. Joseph Probate Court’s denial of J.M.’s motion to set aside his factual admissions to being a delinquent child. Finds J.M. was competent on the date he admitted to the delinquent acts.

A.J. v. State of Indiana (mem. dec.)
Juvenile. Affirms the Noble Superior Court’s order making A.J. a ward of the Indiana Department of Correction rather than placing her in a less-restrictive alternative. Finds the trial court did not abuse its discretion when it concluded that it was in A.J.’s best interest to be placed in the DOC where she could obtain the drug treatment and education services she needed but was not getting in less restrictive environments.

Laura Harper v. Adam Helsley (mem. dec.)
Juvenile paternity. Affirms the Franklin Circuit Court’s order granting Adam Helsley unsupervised parenting time with child E.H. despite objections from the child’s mother, Laura Harper. Finds a rational basis in the record supports the trial court’s conclusion.

In re the Termination of the Parent-Child Relationship of: C.E. and L.E. (Minor Children), and D.C. (Mother) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of mother D.C.’s parental rights to C.E. and L.E. Finds sufficient evidence to support the termination of parental rights.

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