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Friday, June 25, 2010

Ind. Decisions - Supreme Court dismisses transfer petition because opinion not adverse to petitioner

In Matter of Termination of Parent -Child Relationship of A.k., A.S. and O.K. v. IDCS, a 2-page Order Dismissing Transfer Petition filed June 21, 2010, the Court writes:

The Indiana Department of Child Services (DCS) filed a petition to terminate the parental rights of A.S. and O.K.. The trial court granted that petition and issued an order terminating parental rights. While this appeal was pending, the Court of Appeals ordered the trial court "to enter a revised final order that contains complete findings of fact and conclusion of law that are fully supported by the evidence and that provide an explanation as to how its factual findings support its order." Matter of Termination of Parent-Child Relationship of A.K. 924 N.E.2d 212, 217 (Ind. ct. App. 2010). After the trial court revised its final order, the Court of Appeals affinned the trial court's revised order. Id. at 224.

DCS then filed a petition to transfer under Indiana Appellate Rule 57, inviting this Court to address whether a trial court hearing a parental rights termination case is required to make findings as required by the Court of Appeals in this case.

Appellate Rule 57 applies to a petition "to transfer an appeal from the Court of Appeals to Supreme Court after an adverse decision by the Court of Appeals." App. R. 57(A) (emphasis added). It provides that transfer may be sought "from adverse decisions" issued by the Court of Appeals in the form of a published opinion, memorandum decision, any amendment or Inodification of a published opinion or memorandum decision, or an order dislnissing an appeal. App. R. 57(B) (emphasis added.)

DCS does not allege that the opinion of the Court of Appeals was adverse to it. In fact, DCS acknowledges that the Court of Appeals' opinion was "in DCS' favor." (Trans. Pet. at ii n.5.) In the absence of any showing that the opinion is adverse to the party seeking transfer, the Court DISMISSES the transfer petition. The Clerk is directed to certify the Court of Appeals' opinion immediately in accordance with Appellate Rule 65(E).

And here is the well worth reading ILB summary of the March 31, 2010 opinion of the Court of Appeals (2nd case)

Posted by Marcia Oddi on June 25, 2010 03:25 PM
Posted to Ind. Sup.Ct. Decisions