COA rules on parenting time restriction
Indiana Court of Appeals judges had differing opinions as to whether the trial court was required to enter findings during a hearing in which a mother's parenting time was restricted.
Juvenile Case
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Adoption statute allows for subsequent consents
The statutes governing adoption and public policy don't prohibit the execution of subsequent adoption consents, ruled the Indiana Court of Appeals. In In the matter of the adoption of A.S., D.S., C.S., and J.S., minor children, by next friend M.L.S., No. 49A02-0901-CV-60, M.L.S. appealed the probate court's ruling denying her petition to adopt A.S., D.S., C.S., […]
Visitation-adoption agreement not allowed
State law doesn't allow for post-adoption visitation that's contingent upon a voluntary termination of parental rights, the Indiana Supreme Court has ruled.
Court: counties responsible for GAL, CASA fees
In a significant opinion about the funding of child welfare cases, the Indiana Court of Appeals ruled today that any guardian ad litem or Child Appointed Special Advocate fees associated with a child in need of services case must be paid by the county and not the state agency that lawmakers gave more oversight power to in the past year.
Teen’s Fourth Amendment rights not violated
Debating in a footnote whether a juvenile's argument that his Fourth Amendment rights were violated was subject to a Terry stop analysis, the Indiana Court of Appeals decided to apply the Terry analysis to his case.
Court: Rehabilitation evaluation a must
The Indiana Supreme Court says that before any juvenile can be placed on the state's sex offender registry, a trial court must first evaluate whether that minor has been rehabilitated to determine if there's clear and convincing evidence he or she might re-offend.
Supreme Court grants 2 transfers
The Indiana Supreme Court granted two transfers Sept. 4, including one involving whether a juvenile court can order probation after a juvenile is ordered to commitment in the Department of Correction.
Court rules on media access to CHINS cases
For the second time this month, the Indiana Court of Appeals has ruled on media access of CHINS records in a high-profile case involving the death of a child.
Adjudications don’t violate double jeopardy
The Indiana Court of Appeals affirmed that double jeopardy violations can be applicable to juveniles, but denied reversing a girl's adjudications because there were no violations in her case.
Termination of rights affirmed despite error
A trial court erred when it failed to follow Indiana Code in a termination of parental rights hearing, the Indiana Court of Appeals ruled today. Because the appellate court found the error to be harmless, it affirmed the involuntary termination of a father's parental rights.
Statute must be followed in all CHINS cases
The Indiana Court of Appeals today affirmed the involuntary termination of parental rights of a mother and father, but cautioned the Marion County Department of Child Services to continue to follow the statutory procedures in child in need of services cases and termination cases even if a court determines reunification efforts aren't required.
Termination rash in special needs CHINS case
The Indiana Court of Appeals reversed the termination of a mother's parental rights to her special needs son, finding the decision would create a "sobering message" to parents of children who need ongoing assistance.