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Opinions March 21, 2017

Indiana Court of Appeals
In the Matter of: N.C. (Minor Child), Child in Need of Services and J.M. (Father) v. The Indiana Department of Child Services
53A01-1610-JC-2479
Juvenile. Reverses trial court order finding that N.C. is a child in need of services and corresponding dispositional order giving wardship to the Department of Child Services and ordering father to comply with terms of a parent participation plan. DCS did not prove by a preponderance of the evidence that the coercive intervention of the court was necessary to ensure N.C.’s care, and the court clearly erred in adjudicating him a CHINS. Remands with instructions to vacate the CHINS finding.

Appeals court reverses CHINS finding

A trial court erred in declaring a boy in the custody of his father to be a child in need of services on account of his meth-abusing mother, the Indiana Court of Appeals ruled Tuesday.

7th Circuit affirms summary judgment to jail health care providers

The 7th Circuit Court of Appeals affirmed summary judgment to a county jail healthcare provider and his employer Monday after finding that the inmate bringing the malpractice claims against the providers failed to prove that his care was objectively unreasonable.

House to consider extension of civil legal filing fee

A bill which would extend the pro bono legal services fee on court filings has cleared a committee in the Indiana House of Representatives and is headed for a second reading Tuesday on the floor of the lower chamber.

Indiana justice interviews underway

Interviews of the 20 candidates who have applied to fill the next vacancy on the Indiana Supreme Court are officially underway. Chief Justice Loretta Rush and the six members of the Judicial Nominating Commission began the 20-minute interview sessions this morning, speaking with six candidates from across the state.

Gorsuch stresses ‘open mind’ on court rulings

Supreme Court nominee Neil Gorsuch batted away Democrats’ efforts Tuesday to get him to reveal his views on abortion, guns and other controversial issues, insisting he keeps “an open mind for the entire process” when he issues rulings.

Adolay: The consequences of improper employee classification

A dangerous yet continued way of thinking by some companies is that the company can enter into a contract with an individual and call it an independent contractor agreement, agree on how that agreement will be structured, and be protected from liability normally attributed to an employer. This misconception carries a potential for significant damages for the company and its decision-makers.