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.
Juvenile
R.W. v. State, No. 49A02-1112-JV-1187, __ N.E.2d __ (Ind. Ct. App., Sept. 25, 2012).
Mother’s failure to sign on the waiver line of the juvenile waiver of rights form, when the form was the only evidence in the record of a purported waiver, required exclusion of the juvenile’s subsequent statement to the police. The juvenile court found that the alleged criminal mischief delinquent act had been proven but merged the mischief into the burglary act by entering a “not true” finding on the mischief; opinion vacates burglary delinquency due to the waiver form problem and remands to have a “true finding” entered on the criminal mischief count.
T.B. v. Ind. Dept. of Child Svcs., No. 79A04-1110-JT-594, ___ N.E.2d ___ (Ind. Ct. App., June 29, 2012).
The Court declined to adopt a policy that prohibits the involuntary termination of parental rights for all mentally retarded parents.
In re Paternity of S.C., No. 30A01-1107-JP-322, ___ N.E.2d ___ (Ind. Ct. App., March 29, 2012).
The trial court properly vacated a paternity order issued under a fraudulent pretext.
In re K.D., No. 49S02-1107-JC-41, ___ N.E.2d ___ (Ind., March 13, 2012).
“Whenever a trial court is confronted with one parent wishing to make an admission that the child is in need of services and the other parent wishing to deny the same, the trial court shall conduct a fact-finding hearing as to the entire matter.”