• Skip to main content
  • Skip to footer
  • Categories
    • Civil
    • Criminal
    • Juvenile
  • Courts
    • Supreme
    • Appeals
    • Tax
    • SCOTUS
    • 7th Circuit
  • Judges

Case Clips

Published by the Indiana Office of Court Services

B.H. v. Ind. Dept. of Child Svcs., No. 52A02-1210-JT-849, __ N.E.2d __ (Ind. Ct. App., May 30, 2013).

May 30, 2013 Filed Under: Civil Tagged With: Appeals, N. Vaidik

Vaidik, J.
Case Summary
T.H. (“Mother”) appeals the termination of her parental rights to her two young sons. She contends that the trial court erred by qualifying a social worker as an expert witness and allowing that social worker to testify about a parenting assessment called the Child Abuse Potential Inventory (“CAPI”). Although Indiana Code section 25-23.6-4-6 prohibits a licensed clinical social worker from providing expert testimony, Indiana Evidence Rule 702 contains no social-worker exclusion. And because the Indiana Rules of Evidence control when they conflict with a statute, we hold that the social worker in this case was able to testify as an expert witness and was properly qualified as such. We also conclude that CAPI is based upon reliable principles, and therefore the trial court did not err by allowing testimony about Mother’s CAPI results. Any error in the admission of other challenged evidence was harmless, and there is sufficient evidence to support the trial court’s judgment. We affirm.
…
Affirmed.
KIRSCH, J., and PYLE, J., concur.
 

Read the full opinion

If the link to the opinion in this case isn’t available above, you can search for it at public.courts.in.gov/decisions

Footer

About

Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

Subscribe
  • Flickr
  • RSS
  • Twitter
  • YouTube

Archive

Copyright © 2025 · Indiana Office of Court Services · courts.in.gov/iocs