In the Matter of J.K., Child in Need of Services and C.K. (Mother) v. The Indiana Department of Child Services (mem. dec.)

• Court: Indiana Court of Appeals
• Decided: January 4, 2019
• Docket: 18A-JC-1698
• Status: Published

Opinion

MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), FILED this Memorandum Decision shall not be Jan 04 2019, 5:37 am regarded as precedent or cited before any CLERK court except for the purpose of establishing Indiana Supreme Court Court of Appeals the defense of res judicata, collateral and Tax Court

estoppel, or the law of the case.

ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE J. Clayton Miller Curtis T. Hill, Jr. Jordan Law, LLC Attorney General of Indiana Richmond, Indiana Robert J. Henke Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

In the Matter of J.K., Child in January 4, 2019 Need of Services Court of Appeals Case No. 18A-JC-1698 and Appeal from the Randolph Circuit C.K. (Mother), Court Appellant-Respondent, The Honorable Jay L. Toney, Judge v. Trial Court Cause No. 68C01-1707-JC-164 The Indiana Department of Child Services, Appellee-Petitioner

May, Judge.

Court of Appeals of Indiana | Memorandum Decision 18A-JC-1698 | January 4, 2019 Page 1 of 3 [1] C.K. (“Mother”) appeals the adjudication of J.K. (“Child”) as a Child in Need

of Services (“CHINS”). She argues the trial court erred when it denied her

motion to dismiss. The Department of Child Services (“DCS”) concedes the

error and asks that we reverse and remand for dismissal without prejudice of the

CHINS petition. Accordingly, we reverse and remand.

Facts and Procedural History [2] DCS filed a petition to adjudicate Child as a CHINS on July 18, 2017. Mother

filed a motion to dismiss the CHINS case on January 25, 2018, arguing the

timeframe for the factfinding hearing had passed. The trial court denied

Mother’s motion to dismiss. The trial court held a factfinding hearing on April

12, 2018, and adjudicated Child as a CHINS on June 20, 2018.

Discussion and Decision [3] Mother argues the trial court erred when it denied her motion to dismiss the

CHINS petition because too many days passed between the filing of the petition

and the court’s hearing. DCS concedes the denial was error and asks that we

reverse and remand for the trial court to dismiss the CHINS petition without

prejudice. We accordingly reverse and remand, instructing the trial court to

dismiss the CHINS petition without prejudice. See, e.g., J.M.F. v. State, 721

N.E.2d 267, 268 n.1 (Ind. Ct. App. 1999) (appellate court reversed and

remanded juvenile’s involuntary commitment based State’s concession

Court of Appeals of Indiana | Memorandum Decision 18A-JC-1698 | January 4, 2019 Page 2 of 3 supported by relevant law that trial court violated certain statutory requirements

regarding outpatient mental health placements).

Conclusion [4] We reverse and remand for the trial court to dismiss the CHINS petition

without prejudice.

[5] Reversed and remanded.

Baker, J., and Tavitas, J., concur.

Court of Appeals of Indiana | Memorandum Decision 18A-JC-1698 | January 4, 2019 Page 3 of 3