Leaving a thirteen-year-old child home alone for the weekend does not, without more, constitute neglect of a dependent.
Appeals
State v. Jones, No. 21A-CR-2254, __ N.E.3d __ (Ind. Ct. App., June 27, 2022).
Any violation of a defendant’s right to be free from self-incrimination under the Fifth Amendment, or Article 1, Section 14 of the Indiana Constitution, does not require suppression of the physical fruits of that violation.
Ramey v. Ping, No. 21A-CT-2103, __ N.E.3d __ (Ind. Ct. App., June 13, 2022).
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.
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.
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.