In the Matter of J.K., Child in Need of Services and C.K. (Mother) v. The Indiana Department of Child Services (mem. dec.) ( 2019 )

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