The trial court’s termination of parental rights order must be reversed due to the State’s failure to give Mother the due process imparted to her by Ind. Code 31-35-2-4.5(d) (the right to have DCS move to dismiss a termination petition when it has not provided her with services that were substantial and material in relation to the reunification plan).
M. Bailey
Ind. Family & Social Svcs. Admin. v. Patterson, No. 18A-PL-925, __ N.E.3d __ (Ind. Ct. App., Jan. 17, 2019).
Ind. Family & Social Svcs. Administration properly determined that the garnished portion of Medicaid recipient’s income should be included when determining his portion of the cost of his care.
In re Z.B. v. Ind. Dept. Child Svcs., No. 18A-JT-318, __ N.E.3d __ (Ind. Ct. App., July 31, 2018).
A CASA has the statutory authority to independently prosecute a petition to terminate parental rights when DCS opposes termination.
Hunter v. State, No. 43A03-1711-CR-2633, __ N.E.3d __ (Ind. Ct. App., May 16, 2018).
When defendant violates a condition of bail, the court may revoke bail, but may not impose a punitive contempt sanction unless defendant’s conduct affects the dignity or operation of the court.
Yates v. Hites, No. 44A03-1710-CT-2459, __ N.E.3d __ (Ind. Ct. App., May 18, 2018).
The trial court abused its discretion when it gave the sudden emergency jury instruction with no evidence to support it. Because the sudden emergency instruction was given and emphasized in closing argument, a new trial is warranted.