Trial court did not have the statutory authority to grant request to amend child’s birth certificate to change child’s gender marker.
Juvenile
In re Termination of the Parent-Child Relationship of P.B., No. 22A-JT-1397, __ N.E.3d __ (Ind. Ct. App., Nov. 22, 2022).
The clear and convincing evidence burden of proof in termination of parental rights cases satisfies the Indiana Constitution’s Due Course of Law Clause.
L.W. v. State, No. 22A-JV-1138, __ N.E.3d __ (Ind. Ct. App., Nov. 23, 2022).
Ind. Code § 31-32-5-1 mandates that before consent may be established for purposes of a blood draw, a juvenile must be advised, and provided the opportunity, to have meaningful consultation with their parent/guardian.
T.D. v. State, No. 22A-CR-00364, __ N.E.3d __ (Ind. Ct. App., Oct. 31, 2022).
A delinquency adjudication is void and should be set aside when the trial court accepts an admission without inquiring whether juvenile knowingly, intelligently, and voluntarily waived hi/hers statutory and constitutional rights as required by the juvenile waiver statute, Ind. Code § 31-32-5-1.
In re A.C., No. 22A-JC-49, __ N.E.3d __ (Ind. Ct. App., Oct. 21, 2022).
Transgender child’s continued removal is not contrary to the CHINS-6 statute and does not violate the parents’ constitutional rights to the care, custody, and control of child or to their rights to the free exercise of religion. Parents have the right to exercise their religious beliefs, but they do not have the right to exercise them in a manner that causes physical or emotional harm to child. Trial court’s temporary restriction on the discussion of child’s transgender identity outside of family therapy does not violate the parents’ free speech rights.