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.
Perry v. Ind. Dept. of Child Svcs., No. 22A-CT-605, __ N.E.3d __ (Ind. Ct. App., Oct. 12, 2022).
Federal civil rights violation and state law defamation claims against DCS case manager were properly dismissed for failure to state claims upon which relief could be granted; the case manager had qualified immunity.
Mellowitz v. Ball State University, No. 22A-PL-337, __ N.E.3d __ (Ind. Ct. App., Oct. 5, 2022).
Ind. Code § 34-12-5-7, which bars class actions against post-secondary educational institutions for claims of breach of contract and unjust enrichment arising from COVID-19, impermissibly conflicts with T.R. 23 and so it is a nullity.
A.R. v. State, No. 22A-JV-156, __ N.E.3d __ (Ind. Ct. App., Oct. 5, 2022).
While Ind. Code § 31-30-2-3, states that the trial court, on its own motion, may reinstate a jurisdiction over a juvenile after release from DOC, a motion by the prosecution is sufficient. Moreover, Ind. Code § 11-8-8-4.5, which subjects an offender who is at least 14 years age to sex offender registration, applies at the time of registration, not when the delinquent act was committed.
In re Z.D., No. 22A-JC-875, __ N.E.3d __ (Ind. Ct. App., Sept. 28, 2022).
When a party’s first appearance in a case is made in person when it should have been virtual, the court should be hesitant to treat that appearance as defiant or otherwise improper. A parent who requests a contested CHINS fact-finding hearing has a constitutional right to that hearing, and a parent does not forfeit that right by appearing in person to a virtual hearing.