in-the-matter-of-the-termination-of-the-parent-child-relationship-of-kh ( 2015 )

MEMORANDUM DECISION
ON REHEARING
Pursuant to Ind. Appellate Rule 65(D), Nov 04 2015, 8:57 am
this Memorandum Decision shall not be
regarded as precedent or cited before any
court except for the purpose of establishing
the defense of res judicata, collateral
estoppel, or the law of the case.
ATTORNEYS FOR APPELLEE
Gregory F. Zoeller
Attorney General of Indiana
Robert J. Henke
James D. Boyer
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
In the Matter of the Termination November 4, 2015
of the Parent-Child Relationship Court of Appeals Case No.
of: 79A02-1412-JT-858
K.H. (Minor Child) Appeal from the Tippecanoe
Superior Court
And
The Honorable Faith A. Graham,
P.V. (Father), Judge
Appellant-Respondent, The Honorable Crystal A. Sanders,
Magistrate
v. Trial Court Cause No.
79D03-1403-JT-10
The Indiana Department of
Child Services,
Appellee-Petitioner.
Court of Appeals of Indiana | Memorandum Decision on Rehearing 79A02-1412-JT-858 | November 4, 2015
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Riley, Judge.
[1] In a memorandum decision, our court affirmed the trial court’s Order
terminating the parental rights of Appellant-Respondent, P.V., to his minor
child, K.H. In re Termination of the Parent Child Relationship of K.H., No. 79A02-
1412-JT-858, 2015 WL 4642586 (Ind. Ct. App. Aug. 5, 2015). In our decision,
we included the following footnote:
In accordance with the revised Administrative Rule 9(G), certain
evidence was submitted to our court which is declared
confidential and must be excluded from public access. See Ind.
Administrative Rule 9(G)(2); Ind. Code § 31–39–1–2 (declaring
the confidentiality of juvenile court records). Despite the parties'
non-compliance with the Administrative Rule, we have
endeavored to maintain confidentiality on appeal. However, as a
number of facts derived from the confidential records are
“essential to the resolution of litigation[,]” we have included
confidential information in this decision only to the extent
necessary to resolve this appeal. Admin. R. 9(G)(7)(a)(ii)(c).
Id. at *1 n.1.
[2] The State has petitioned for rehearing, arguing that the footnote is not
applicable because “neither party in this case was in ‘non-compliance with the
Administrative Rule [9(G)].’” (State’s Petition for Reh’g p. 3). As the footnote
indicates, juvenile court records are declared confidential pursuant to Indiana
Code section 31-39-1-2. According to Indiana Administrative Rule 9(G)(1)(a),
“where all Court Records are declared confidential by statute or another court
rule[,]” the entire case must be excluded from public access. As here, where the
Court of Appeals of Indiana | Memorandum Decision on Rehearing 79A02-1412-JT-858 | November 4, 2015
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entire record—as opposed to only a portion thereof—is excluded from public
access, “[t]he green paper requirements set forth in [Indiana Administrative
Rule] 9(G)(5)(b) do not apply.” Admin. R. 9(G)(5)(b)(iii). Therefore, we grant
the State’s petition for rehearing for the limited purpose of deleting Footnote 1
regarding Indiana Administrative Rule 9(G). We affirm our decision in all
other respects.
Bailey, J. and Barnes, J. concur
Court of Appeals of Indiana | Memorandum Decision on Rehearing 79A02-1412-JT-858 | November 4, 2015
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