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Opinions March 2, 2022

Court of Appeals of Indiana
Rhonda R. Parkevich v. State of Indiana (mem. dec.)
21A-CR-1385
Criminal. Affirms and reverses in part the order for Rhonda R. Parkevich to pay restitution upon her conviction of Level 6 felony theft. Finds Parkevich waived her right to dispute her ability to pay her ordered restitution, and the Cass Superior Court didn’t err by determining she had the ability to pay. Also finds the trial court abused its discretion by failing to fix the manner of payment and by awarding restitution for a loss that is not the direct and immediate result of the offense in this case. Remands with instructions to impose restitution in the amount of $36,632, determine a payment schedule and fix the amount of the payments.

Child Advocates’ program provides model for direct representation

| Marilyn Odendahl

As the Legislature, agency stakeholders and foster parents restart the conversation about providing attorneys for children in child-in-need-of-services and termination of parental rights proceedings, the Child Advocates Direct Representation Program is an example of how direct representation works and what it can do.

Dreyer: Pandemic positives: Confronting the bear

| David J. Dreyer

As COVID-19 numbers descend, we are left with a plethora of mixed feelings. Many are overwhelmed with joy and giddiness. Some are still numb and can’t feel anything — yet. And others are trying to make sense of the past two years and the lasting realities that lay ahead. Our courts and judges fit into the latter category.

Covington: Doing our parts to honor Hoosier legal leaders

| Olivia Covington

It’s been about 5½ years since I joined the staff of Indiana Lawyer, and my job has changed a lot in that relatively short amount of time. Each of those roles has had a different job description, but one duty has stayed constant: Each year, I read through dozens of nominations, then sit on the selection panel to choose our annual Leadership in Law Awards winners.

Senate Bill 180 reignites conversation about direct representation for CHINS, TPR proceedings

| Marilyn Odendahl

Indiana is one of just six states that does not require counsel for children in child welfare cases in any situation, according to the National Association of Counsel for Children. Although Indiana Code § 31-32-4-2 does give state court judges the discretion to appoint counsel for children in child welfare cases, stakeholders say the Hoosier State could be forced to implement a direct representation program either through lawsuits filed by national children’s rights organization or federal legislation that Congress is considering.