Health care provider was required to release a child’s mental health care records to the child’s father; trial court properly held the health care provider in contempt for not providing the records to father.
Appeals
Love v. State, No. 71A03-1511-CR-2009, __N.E.3d__ (Ind. Ct. App., Sept. 8, 2016).
Deference will be given to the trial court’s factual determinations unless police video recording indisputably contradicts those findings.
In re J.B., No. 48S02-1604-MI-183, __ N.E.3d __ (Ind. Ct. App., Sept. 8, 2016).
On rehearing, reverses that part of the CHINS court’s order that discharged the parties and terminated the CHINS case and remands this case for further proceedings consistent with the CHINS statutes, including any appropriate services for Mother.
White v. Canal Ins. Co., No. 71A03-1602-CT-270, __ N.E.3d __ (Ind. Ct. App., Sept. 8, 2016).
As a matter of law, service on out-of-state defendant at the home address provided to the police at the time of the time of the accident and service on the defendant company through the Indiana Secretary of State was consistent with due process and reasonably calculated to inform the defendants that an action had been instituted against them.
Lynn v. State, No. 49A05-1601-CR-4, __N.E.3d__ (Ind. Ct. App., Aug. 23, 2016).
Although the inclusion of affirmation language in the jury instruction was not fundamental error, the best practice is for trial courts to redact such language from the pattern jury instructions.