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Case Clips

Published by the Indiana Office of Court Services

Juvenile

D.T. v. Ind. Dept. of Child Services, 49A02-1205-JT-420,___ N.E.2d ___ (Ind. Ct. App., Jan. 25, 2013).

January 31, 2013 Filed Under: Civil, Juvenile Tagged With: Appeals, M. Robb

A 15-year-old who fathered a child was not deprived due process because a guardian ad litem was not appointed for him during termination of parental rights proceedings.

J.R. v. State, No. 49A05-1204-JV-175, __ N.E.2d __ (Ind. Ct. App., Jan. 15, 2013).

January 17, 2013 Filed Under: Juvenile Tagged With: Appeals, J. Kirsch

Theft and auto theft are distinct offenses defined in different statutes, so that the “single larceny” rule does not prohibit convictions for both when the defendant simultaneously takes an automobile and other items of property.

Gingerich v. State, No. 43A05-1101-CR-27, __ N.E.2d __ (Ind. Ct. App., Dec. 11, 2012).

December 13, 2012 Filed Under: Juvenile Tagged With: Appeals, E. Brown

Reverses twelve-year old’s conspiracy to commit murder conviction when counsel had only four days to prepare for waiver of juvenile jurisdiction hearing.

Black v. Huck, No. 79A04-1202-CT-61, ___ N.E.2d ___ (Ind. Ct. App., Oct. 17, 2012).

October 18, 2012 Filed Under: Civil, Juvenile Tagged With: Appeals, M. Robb

DCS is entitled to statutory immunity as to all of the parties’ claims except for fraud. Under the facts of this case, extended family members had a liberty interest in their relationship with child such that they had standing to bring suit.

In re the Matter of G.W., No. 07A01-1201-JM-6, ___ N.E.2d ___ (Ind. Ct. App., Oct. 10, 2012).

October 12, 2012 Filed Under: Civil, Juvenile Tagged With: Appeals, P. Riley, T. Crone

A trial court may order a parent to make a child available for an interview requested by DCS to assess that child’s “condition” pursuant to Ind. Code § 31-33-8-7, where the child’s older sibling has made and then recanted allegations of sexual abuse against a family member who lives in the children’s home.

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

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