DCS was barred from filing a successive CHINS action after the first petition was dismissed with prejudice. DCS “cannot engage in piecemeal litigation to get subsequent bites at the same apple.”
Juvenile
F.A. v. State, No. 19A-JV-2438, __ N.E.3d __ (Ind. Ct. App., May 1, 2020).
A juvenile may not be required to pay the costs of their secure detention. Moreover, before imposing costs of secure detention upon a parent, a court must inquire into the parent’s ability to pay; if the parent has the ability to pay, the trial court shall follow the applicable requirements related to the Child Support Rules and Guidelines.
In re M.S., No. 19S-JC-50, __ N.E.3d __ (Ind., Feb. 20, 2020).
In a CHINS case, unlike the sixty-day deadline imposed by Ind. Code § 31-34-11-1(a) that may be waived by consent of the parties, the 120-day deadline contemplated by Ind. Code 31-34-11-1(b) may be enlarged only if a party shows good cause for a continuance.
B.B. v. State, No. 19A-JV-1803, __ N.E.3d __ (Ind. Ct. App., Jan. 30, 2020).
A threat expressed to an individual, even if that individual is not the intended victim, to interfere with the occupancy of a school (building), is sufficient to sustain an adjudication for an act that would be considered intimidation if committed by an adult.
In re TPR of C.D., No. 19A-JT-1549, __ N.E.3d __ (Ind. Ct. App., Jan. 28, 2020).
Parents no longer have a fundamental right to consent to the adoption of child after their parental rights were terminated; the question of the proper adoptive home for child is a question for the adoption court.