Opinions May 5, 2022

Court of Appeals of Indiana
In the Matter of: K.T. and B.T. (Minor Children), Children in Need of Services, and P.T. (Mother) v. Indiana Department of Child Services
21A-JC-2025
Juvenile CHINS. Affirms the determination that mother P.T.’s children, K.T. and B.T., are children in need of services. Finds the juvenile court had good cause to continue a factfinding hearing by three days under Indiana Trial Rule 53.5

In the Involuntary Termination of the Parent-Child Relationship of: K.B. (Minor Child) J.B. Father v. Indiana Department of Child Services (mem. dec.)
21A-JT-1817
Juvenile termination of parental rights. Affirms the termination of father J.B.’s parental rights to K.B. Finds J.B. failed to show that termination was clearly erroneous, even though he raised several troubling concerns about the way the Department of Child Services handled his case.

Loren Wayne Tidwell v. State of Indiana (mem. dec.)
21A-CR-2223
Criminal. Affirms the grant of the state’s motion to correct error, filed after the Dearborn Circuit Court granted Loren Wayne Tidwell’s motion to correct erroneous sentence. Finds the recusals were not clearly erroneous and there was no abuse of discretion or clear error in the process by which Special Judge Jonathan Cleary was selected. Also finds the trial court did not abuse its discretion by correcting its prior ruling and granting the state’s motion to correct error, thereby denying Tidwell’s motion to correct erroneous sentence. Finally, finds Tidwell’s claim that his habitual offender status was unsupported by properly signed, certified and authenticated documentation is barred.

In the Matter of: D.C., K.C., T.C., Tr.C. (Minor Children), Children in Need of Services R.C. (Mother) v. Indiana Department of Child Services and Kids’ Voice of Indiana (mem. dec.)
21A-JC-2582
Juvenile CHINS. Affirms the adjudication of mother R.C.’s four children as children in need of services. Finds the Marion Superior Court did not err in finding that the children’s physical condition was seriously impaired or seriously endangered by R.C. Also finds the trial court did not err in concluding that the children would not receive necessary treatment without the coercive intervention of the court.

Matthew Fergason v. Wendy Brooks, and Jennifer Mosier and Randall Mosier (mem. dec.)
21A-DR-266
Domestic relations. Reverses the modification of grandparent visitation by K.F. and his maternal grandmother. Finds father Matthew Fergason has not shown prima facie error. Remands for further proceedings.

Joseph Henderson v. State of Indiana (mem. dec.)
21A-PC-1027
Post-conviction. Affirms the denial of Joseph Henderson’s petition for post-conviction relief following his convictions of two counts of murder and two counts of Class B felony robbery. Finds no clear error in the determination that he did not meet his burden to establish that he was denied effective assistance of both trial and appellate counsel.