(1) Indiana Appellate Rule 14.1’s expedited appeals are available to the process of modifying dispositional decrees regarding child placement where a juvenile court does not follow DCS’s recommendation; (2) the juvenile court must accept DCS’s placement recommendations unless it finds by a preponderance of the evidence that the recommendation is “unreasonable” or “contrary to the welfare and best interests of the child”; (3) a finding by the juvenile court that DCS’s recommendation is unreasonable or contrary to the child’s welfare and best interests is reviewed on appeal for clear error; and (4) the juvenile court’s placement determination in this case was not clearly erroneous.
Juvenile
R.J.G. v. State, No. 64S04-0809-JV-483, __ N.E.2d __ (Ind., Mar. 10, 2009)
[A] juvenile court may order a commitment to the Department of Correction and, in the same order, provide for probation following release from the Department of Correction.
Ind. Division of Child Services, LaPorte County v. LaPorte County CASA, NO. 46A04-0902-JV-78, __ N.E.2d __ (Ind. Ct. App., Mar. 12, 2009)
Periodic CHINS placement review was transformed into a modification proceeding, so that court’s modification contrary to DCS recommendation was subject to expedited appeal procedure.
R.W. v. State, No. 31A05-0803-JV-161, __ N.E.2d ___ (Ind. Ct. App., Feb. 19, 2009)
Delinquency initial hearing record did not show juvenile was given a meaningful opportunity to confer with his parent before they waived his right to counsel.