When there had never been any custody determination made, the Uniform Child Custody Jurisdiction Act did not apply to mother’s Indiana petition to get child born out of wedlock back from father who had taken the child to another state.
Civil
Ault v. Brewer, No. 36A04-0907-CV-407, __ N.E.2d __ (Ind. Ct. App., Mar. 2, 2010)
Guardian’s closure of payable on death accounts to consolidate ward’s finances into a single account was not prohibited estate planning.
Sibbing v. Cave, No. 49S02-0906-CV-00275, __ N.E.2d __ (Ind., Mar. 4, 2010)
Evidence Rule 803(4)’s hearsay exception for statements made for purposes of medical diagnosis or treatment applies only to patients’ statements, not to statements of physicians concerning diagnosis or treatment. Holds that recovery of medical expenses requires that “the treatment claimed must be necessary in the sense that it proximately resulted from the wrongful conduct,” and also holds that the “scope of liability” component of proximate cause allows recovery for “necessary” medical treatment even when the result of misdiagnosis or negligent administration.
In re Adoption of L.D., No. 49A02-0907-CV-671, __ N.E.2d. __ (Ind. Ct. App., Feb. 25, 2010)
Since paternal grandparents adopting their grandchild were adoptive rather than biological grandparents, the maternal grandparent was not eligible for visitation under the Grandparent Visitation Act.
In re Committment of J.W.B., No. 20A03-0909-CV-418, ___ N.E.2d ___ (Ind. Ct. App., Feb. 17, 2010)
Trial court lacked authority to order that a civilly committed person not be transferred “without ten (10) days written notice to the court.”