Tax sale notices sent by certified mail to homeowners satisfied due process and Indiana law; the question is not whether the homeowners actually received the notice, but whether the notices were sent “as one desirous of actually informing” the homeowners.
Civil
McNeil v. Anonymous Hospital, No. 22A-CC-2209, __ N.E.3d __ (Ind. Ct. App., Oct. 5, 2023).
Ind. Code § 31-33-6-1(b) represents a deliberate legislative policy determination that notwithstanding the reporting immunity provided under subsection (a), the standard of care for qualified healthcare providers under the Medical Malpractice Act applies to child abuse reporting.
Indiana Right to Life Victory Fund v. Morales, No. 23S‐CQ‐108, __ N.E.3d __ (Ind., Sept. 25, 2023).
Ind. Code 3-9-2-3 to -6 prohibits or otherwise limits corporate contributions to political action committees or other entities that engage in independent campaign-related expenditures.
In re Z.H., No. 23A-JC-1120, __ N.E.3d __ (Ind. Ct. App., Sept. 27, 2023).
The filing of a motion to dismiss does not mandate dismissal of a CHINS case; the decision rests in the trial court’s discretion. Trial courts should review the reasons proffered in support of dismissal in light of the evidence and allegations and then determine whether dismissal is in the child’s best interests.
In re Adoption of E.S.J., No. 23A-AD-1161, __ N.E.3d __ (Ind. Ct. App., Sept. 28, 2023).
Ind. Code 31-19-2-2, regarding adoptions, is a special venue statute to which T.R. 75(A)(8) applies. Preferred venue lies in any county where the petition is to be filed under the statute.