Appellate docket offers more public access
Docket entries for more than 200 juvenile-related cases are now publicly available online through the Indiana Appellate Clerk's Office.
Juvenile Case
Articles
Court upholds out-of-state juvenile placement
The Indiana Court of Appeals affirmed the placement of a juvenile delinquent in an out-of-state shelter care facility over the objection of the Indiana Department of Child Services, finding the trial court complied with statutes that allow it to place the juvenile in a non-Indiana facility. A recent change to one of those statutes now shifts the burden of payment to out-of-state facilities from DCS to the counties.
COA affirms ruling in ‘unusual’ termination case
In an unusual case on appeal in which a mother's parental rights were terminated to only one of her five children during a termination hearing, the Indiana Court of Appeals affirmed the decision due to the circumstances of the case.
Single order can have more than 1 disposition
The Indiana Supreme Court has clarified juvenile caselaw, telling trial courts they can order a juvenile be committed to the Department of Correction and in the same order also require probation after release.
COA reverses termination over rule violation
The Indiana Court of Appeals split today in its decision to reverse the termination of a mother's parental rights. The majority found the trial court abused its discretion in allowing the mother's trial counsel to withdraw her appearance under a local court rule.
High court hears first ‘rocket docket’ appeal
In the first appeal of a juvenile case under Indiana Appellate Rule 14.1, the "rocket docket," the Indiana Supreme Court ruled the juvenile court's determination that a child shouldn't be immediately reunited with his mother until after the school year concluded – contrary to what the Department of Child Services recommended – wasn't clearly erroneous.
Statute doesn’t authorize dismissal of charges
Even if the Indiana Court of Appeals concluded the trial court violated statute by failing to set a juvenile delinquency hearing within the 60-day time limit, the appellate court doesn't believe the statute authorizes dismissal of the charges as the defendant argues.
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.
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.