F.D. v. Indiana Department of Family Services

I agree with the majority’s affirmance of summary judgment in favor of the Police Department. I respectfully disagree, however, with the majority’s affirmance of summary judgment in favor of Child Ser*1193vices on the basis that Indiana Code Section 81-33-18-4 does not confer a private right of action — an issue that was not argued by the parties below. I also disagree with Judge Vaidik’s (and the trial court’s) determination that Child Services is entitled to statutory immunity in any event.

I. Private Right of Action

The majority acknowledges that “[t]he parties do not make arguments about the…