Opinions Jan. 10, 2020

Indiana Supreme Court
In the Matter of the Adoption of C.A.H., A.C.S. (Father) v. R.S.E. and R.K.E. (Grandparents)
20S-AD-5
Adoption. Reverses the Morgan Superior Court’s finding that father’s consent was irrevocably implied in the adoption matter. Remands for a hearing on the merits of his motion to contest the adoption of his child. Finds a parent’s implied consent to the adoption of a child may not be based solely on the parent’s failure to appear at a single hearing.

Indiana Court of Appeals
State of Indiana v. N.B.
19A-JV-1659
Juvenile. Reverses the Madison Circuit Court’s grant of juvenile N.B.’s motion to dismiss for lack of subject matter jurisdiction. Finds the juvenile court had jurisdiction to entertain the state’s petition to waive juvenile jurisdiction and determine whether N.B. should be waived to adult criminal court. Finds the juvenile court erred in granting N.B.’s motion and remands for the juvenile court to rule on the state’s motion for waiver.

In the Matter of the Termination of Parental Rights of: K.A., A.A., E.S. & S.A. (Minor Children), and T.S. (Mother) & G.A. (Father) v. The Indiana Department of Child Services (mem. dec.)
19A-JT-1390
Juvenile termination. Affirms the termination of T.S. and G.A.’s parental rights to their four children. Finds the Marion Superior Court’s order terminating their parental rights was not clearly erroneous. Finds sufficient evidence to support the termination.

Ralph Gabriel v. Franciscan Alliance, Inc. d/b/a Franciscan St. Anthony Crown Point (mem. dec.)
19A-CT-1487
Civil tort. Affirms the Lake Superior Court’s grant of summary judgment in favor of Franciscan Alliance, Inc. d/b/a Franciscan St. Anthony Crown Point against Ralph Gabriel’s medical malpractice claim. Finds the trial court did not err in granting summary judgment in favor of Franciscan.

Nicholas Medalen v. State of Indiana (mem. dec.)
19A-CR-1522
Criminal. Affirms the Hamilton Superior Court’s determination that Nicholas Medalen violated a condition of his probation and its order that he serve the remaining 10 years of his sentence in the Indiana Department of Correction. Finds the condition of his probation at issue is not unconstitutionally vague.

In the Termination of the Parent-Child Relationship of: An.G. and A.G. (Minor Children), and A.G. (Mother) v. The Indiana Department of Child Services (mem. dec.)
19A-JT-1272
Juvenile termination. Affirms the termination of A.G.’s parental rights to her two children. Finds the termination is not clearly erroneous and that the Department of Child Services presented clear and convincing evidence to support the juvenile court’s judgment.

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