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

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