Under the False Reporting Statute, a person who, directly or indirectly, intentionally communicates a false report of child abuse or neglect to DCS is liable to the person accused of child abuse or neglect for their damages.
Bruder v. Seneca Mortgage Svcs., LLC, No. 22S-PL-195, __ N.E.3d __ (Ind., June 14, 2022).
The trial court’s order was not clearly erroneous and should not have been set aside by the Court of Appeals.
Blattert, Jr. v. State, No. 21A-CR-1082, __ N.E.3d __ (Ind. Ct. App., June 15, 2022).
Indiana’s Religious Freedom Restoration Act does not apply to child abuse; protecting children from physical abuse is a compelling governmental interest and prosecution is the least restrictive means of furthering that interest. To that end, Indiana offers the parental privilege as a defense to battery and similar crimes rather than completely banning the practice of corporal punishments. This accommodates religious practices which require reasonable corporal punishment.
Ebert v. Illinois Casualty Co., No. 22S-PL-8, __ N.E.3d __ (Ind., June 16, 2022).
Adopts the efficient and predominant cause analysis in determining whether allegations are excluded under an insurance policy.
Goston v. State, No. 21A- CT-2484, __ N.E.3d __ (Ind. Ct. App., June 17, 2022).
The DCS Notice Statute (Ind. Code §31-33-18-4) does not confer a private cause of action.