Articles

Res judicata leads to remand of CHINS determination

Saying it was “troubled” by how the Department of Child Services chose to litigate two nearly back-to-back child welfare cases, the Indiana Court of Appeals has ordered a trial court to re-evaluate a 2018 CHINS petition without relying on facts that were available for litigation during a 2017 CHINS proceeding.

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COA affirms termination of parent-child relationship

A drug-addicted mother couldn’t convince the Indiana Court of Appeals to reconsider the termination of her parent-child relationship with her young daughter after the panel concluded there was sufficient evidence to prove the removal was in the child’s best interests, even if some of it was admitted in error.

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State argues more lawyers not needed in CHINS, TPR cases

In response to a lawsuit seeking to require the state appoint attorneys to represent children in termination of parental rights or children in need of services proceedings, Indiana is arguing that adding more lawyers would only flatter the legal professionals and not mollify tragic circumstances.

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CHINS case dismissed for untimely fact-finding hearing

A child in need of services case has been dismissed after an appellate panel concluded that a mother’s motion to dismiss because the fact-finding hearing was not completed within the statutory timeframe was incorrectly denied by the trial court.

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Named partner files to dissolve divorce firm Hollingsworth & Zivitz

A failed mediation attempt has led to court proceedings to dissolve a prominent Indianapolis-area divorce law firm. Kena Hollingsworth of Hollingsworth & Zivitz, P.C., filed a petition for dissolution of her Carmel firm in Kena S. Hollingsworth v. Hollingsworth & Zivitz, P.C., and Christina M. Zivitz, 29D02-1904-PL-003832, writing that a “deadlock” exists between her and partner Christina Zivitz over the management of the firm.

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Biological dad’s paternity petition dismissed

The Indiana Court of Appeals has rejected the petition of two biological parents to establish paternity for their child after the appellate court concluded the mother could not collaterally attack a previous paternity finding for another man who assumed he was the father.   

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General Assembly passes DCS reforms

As Senate Enrolled Act 1 was heading for its third and final reading in the Indiana House of Representatives, Rep. Vanessa Summers reminded her colleagues that their work in helping reform the Department of Child Services is not finished.

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‘Tweaks’ proposed to Indiana Child Support Guidelines

Proposed revisions to the Indiana Child Support Guidelines are currently open for comment. The guidelines are reviewed every four years in accordance with federal law, and attorneys described the proposals as tweaks and adjustments to align the courts with the ongoing evolution of family structures.

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COA’s error leads to rehearing, affirmation of TPR reversal

The Indiana Court of Appeals admitted it made an erroneous statement in reversing a termination of parental rights order and granted the Department of Child Services’ request for a rehearing. But the appellate panel Wednesday affirmed its initial opinion, concluding the error had no bearing its original ruling that a mother’s due process rights were violated.

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CHINS adjudication reversed for mom who tested clean

A mother whose kids were found to be children in need of services despite her successful efforts to stay sober and get the help she needed found favor with an appellate panel Monday, who reversed the CHINS adjudication on the basis of insufficient evidence.

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