When the Agreed Decree of Paternity requires that Child be vaccinated based on her school’s requirements and that Mother is in contempt for submitting the religious objection form to circumvent the parties’ agreement, there is a substantial change in Mother’s ability to communicate and cooperate with Father in advancing Child’s welfare and the trial court should modify legal custody of Child for the limited purpose of making medical decisions concerning vaccinations.
Civil
A.A. v. Eskenazi Health/Midtown CMHC, No. 49A02-1610-MH-2286, __ N.E.3d __ (Ind. Ct. App., July 20, 2017).
In a mental health commitment, if the respondent is not present at the hearing, the trial court’s determination of whether it should waive the respondent’s presence must be made at the outset of the hearing using evidence establishing that the respondent’s presence would be injurious to his mental health or well-being.
P.S. v. T.W., No. 32A01-1610-PO-2426, __ N.E.3d __ (Ind. Ct. App., July 20, 2017).
Trial court was not required to apprise defendant of all possible penalties for violating the protective order and did not violate his due process by requiring GPS monitoring.
Gresk v. Demetris, No. 49A02-1610-MI-2287, __ N.E.3d __ (Ind. Ct. App., July 21, 2017).
Anti-Strategic Lawsuit Against Public Participation (SLAPP) statute does not apply to reports of child abuse or neglect made to Department of Child Services.
In re Paternity of J.W., No. 76A04-1610-JP-2476, __ N.E.3d __ (Ind. Ct. App., July 7, 2017).
Trial court infringed upon the custodial rights of parent by delegating decision-making as to child’s need for therapy to a service provider.