Legal Opinion · Concurrence

Thames v. State

Indiana Court of Appeals

Decided July 24, 1995No. 49A04-9410-CR-428Published

1ConcurrenceSullivan, Judge

The law as enunciated in Bean v. State (1984) Ind., 460 N.E.2d 936, and subsequent cases separates the victim’s status as a dependent of someone from the neglect perpetrated by a third person.1 For this reason, I concur.

The traditional analysis of neglect and dependency focused upon the parent-child, child-parent relationship, or at a minimum upon a loco parentis relationship, e.g., a guardian. See Dirk William de Roos Dependency and Neglect: Indiana’s Definitional Confusion 45 Ind.L.J. 606 (1970). It did not embrace temporary custodians such as babysitters.

In any event, it seems that the law…

2Cases cited5 opinions

  1. Bean v. StateIndiana Supreme Court · 1984
  2. Hill v. StateIndiana Court of Appeals · 1989
  3. Shoup v. StateIndiana Court of Appeals · 1991
  4. Dowler v. StateIndiana Supreme Court · 1989
  5. State v. SpringerIndiana Court of Appeals · 1992

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