In re E.I.

653 N.E.2d 503, 1995 Ind. App. LEXIS 918
CourtIndiana Court of Appeals
DecidedJuly 21, 1995
DocketNo. 49A02-9406-JV-329
StatusPublished
Cited by24 cases

This text of 653 N.E.2d 503 (In re E.I.) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re E.I., 653 N.E.2d 503, 1995 Ind. App. LEXIS 918 (Ind. Ct. App. 1995).

Opinion

OPINION

FRIEDLANDER, Judge.

The Indiana Department of Education (DOE), the Indiana Family and Social Services Administration (FSSA), and the Indiana Division of Mental Health (IDMH) appeal from an order adjudicating E.I. to be a Child in Need of Services (CHINS) and making E.I. a ward of FSSA. The appellants present the following restated issues for review:

I Did the trial court err in joining DOE, FSSA, and IDMH as parties under the CHINS statutory guidelines?
II Did the trial court err in awarding wardship of E.I to the FSSA?
III Did the trial court err in ordering each of the appellants to pay a portion of the costs for E.I.’s residential placement?

We reverse and remand.

An investigation conducted by the Marion County Office of Family and Children (MCOFC) revealed that E.I. was a thirteen-year-old autistic child who experienced significant developmental delays. MCOFC also determined that E.I.’s mother could not control him or provide a safe environment. On May 11, 1993, MCOFC filed a petition in Marion Superior Court, Juvenile Division, Judge James W. Payne, presiding, seeking authorization to institute a CHINS proceeding and requesting that E.I. be temporarily placed under the custody of MCOFC. A CHINS petition was filed on May 12, 1993. Also on May 12, a detention hearing was held, after which the court determined that E.I. should be temporarily placed under the custody and supervision of the Marion County Department of Public Welfare (MCDPW). E.I. was then admitted to Arbor Hospital.

On July 14, 1993, E.I.’s guardian ad litem filed separate motions to join DOE and FSSA (and IDMH, a division of FSSA) as necessary parties.1 The guardian ad litem’s request was based upon the contention that E.I. was “in need of residential services, mental health services, and special education services” and that “[t]he delivery of these services will require close coordination of an integrated service provider network.” Record at 46, 52. The Attorney General filed separate objections on behalf of both FSSA and DOE, contending that FSSA and DOE were not necessary parties and that the guardian ad litem had failed to exhaust his administrative remedies. On October 6, 1993, the court granted the guardian ad li-tem’s motion and joined DOE and FSSA as parties.

FSSA and DOE thereafter filed a Trial Rule 76 motion for change of venue from the judge. On November 24, 1993, the Indiana Supreme Court issued a Permanent Writ of Mandamus and Prohibition, ordering the trial judge to grant the motion for change of judge.2 On December 13, 1993, the parties [507]*507agreed to the appointment of a replacement judge. On February 23, 1994, FSSA and DOE filed respective motions to dismiss pursuant to Rule 12(B)(6) of the Indiana Rules of Trial Procedure. On February 25, 1994, following a hearing, the court denied the February 23 motions to dismiss, and ordered that E.I. be made a ward of FSSA. The court also ordered that the costs for E.I.’s residential placement be apportioned among DOE, FSSA, and IDMH.

I

The issues presented in this appeal require an examination of the CHINS statutory scheme, particularly with respect to the participation and responsibilities in CHINS proceedings of several state agencies. Our research reveals that this question has not previously been addressed by an Indiana court. Where a statute has not previously been construed, the interpretation is controlled by the express language of the statute and the rules of statutory construction. Loza v. State (1975), 263 Ind. 124, 325 N.E.2d 173. The court is required to determine and effect the legislative intent underlying the statute, and to construe the statute in such a way as to prevent absurdity and hardship and to favor public convenience. Superior Const. Co. v. Carr (1990), Ind., 564 N.E.2d 281. In the instant case, we must view the CHINS statutory scheme in its entirety and determine how the legislature intended the system to operate with regard to the issues presented by the appellants. See Merimee v. Brumfield (1979), Ind.App., 397 N.E.2d 315; Woods v. State (1957), 236 Ind. 423, 140 N.E.2d 752.

A.

The appellants contend that the court erred in joining them as parties, arguing that Ind.Code 31-6-4-10(g) sets out an exclusive list of the parties in a CHINS action, and the list does not include the state agencies in question. IC 31-6-4-10(g) states:

“The child, the child’s parents, the county office of family and children, and the guardian ad litem or court appointed special advocate are parties to the proceedings described in this article and have all rights of parties under the Indiana Rules of Trial Procedure.”

We recognize that, in some cases, where a statute enumerates several items on a list, items not named are presumed to be excluded. See City of Peru v. Utility Service Bd. of City of Peru (1987), Ind.App., 507 N.E.2d 988. However, the mere fact that a list is set out does not necessarily invoke the maxim. This maxim is not to be blindly applied in all instances, especially where it produces an interpretation which defeats the clear legislative intent. Sue Yee Lee v. Lafayette Home Hospital, Inc. (1980), Ind.App., 410 N.E.2d 1319.

There is nothing in the language of IC 31-6-4-10(g) indicating that the list of parties contained therein is intended to be exclusive, such as insertion of the term “only” at the beginning of the subsection. Moreover, were we to ascribe to IC 31-6-4r-10(g) the meaning which the appellants urge, it would preclude the joinder of such parties as guardians, custodians, foster parents, or [508]*508other relatives of the child. We will avoid a construction which accomplishes such an illogical result. See Carr, supra. Rather than limit the parties which may participate, we conclude that the significance of IC 31-6^4-10(g) is its delineation of those which must be parties in a CHINS action and further conclude that the list is not exclusive.

B.

The trial court permitted the joinder of appellants pursuant to the guardian ad li-tem’s T.R. 19(A)(1) request. T.R. 19(A)(1) states “A person who is subject to service of process shall be joined as a party in the action if: (1) in his absence complete relief cannot be accorded among those already parties.” Appellants argue that the guardian ad litem failed to establish the requisite elements for joinder of parties pursuant to T.R. 19(A)(1).

The guardian ad litem argues upon appeal that the T.R. 19(A)(1) joinder was necessary and therefore proper because:

“[d]ue to the complexity of E.I.’s situation and the need for close coordination of integrated service providers (which included agencies under the umbrella of [FSSA]), [FSSA] was joined to ensure E.I.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Christopher Smith v. State of Indiana
8 N.E.3d 668 (Indiana Supreme Court, 2014)
In Re KJA
790 N.E.2d 155 (Indiana Court of Appeals, 2003)
Hoang v. Jamestown Homes, Inc.
768 N.E.2d 1029 (Indiana Court of Appeals, 2002)
Barber v. Echo Lake Mobile Home Com.
759 N.E.2d 253 (Indiana Court of Appeals, 2001)
Stansberry v. Howard
758 N.E.2d 540 (Indiana Court of Appeals, 2001)
Nass v. State of Indiana
Indiana Supreme Court, 1999
JW v. Hendricks County Office of Family and Children
697 N.E.2d 480 (Indiana Court of Appeals, 1998)
Kahler v. State
695 N.E.2d 601 (Indiana Court of Appeals, 1998)
Matter of CK
695 N.E.2d 601 (Indiana Court of Appeals, 1998)
ISTA v. Bd Comm. City of Indpls.
Indiana Supreme Court, 1998
In Re Interest of Kayle C.
574 N.W.2d 473 (Nebraska Supreme Court, 1998)
Worldcom Network Services, Inc. v. Thompson
684 N.E.2d 211 (Indiana Court of Appeals, 1997)
Chavis v. Patton
683 N.E.2d 253 (Indiana Court of Appeals, 1997)
Blackmon v. Duckworth
675 N.E.2d 349 (Indiana Court of Appeals, 1997)
Family & Social Services Administration v. Calvert
672 N.E.2d 488 (Indiana Court of Appeals, 1996)
In Re EI
653 N.E.2d 503 (Indiana Court of Appeals, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
653 N.E.2d 503, 1995 Ind. App. LEXIS 918, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ei-indctapp-1995.