Legal Opinion

In the Matter of Eq.W., M.W., A.W., S.W., and Ez.W. (Minor Children) V.B. (Mother) v. Indiana Department of Child Services

Indiana Supreme Court

Decided June 27, 2019No. Supreme Court Case 18S-JC-603PublishedCited by 13 opinions

1Opinion of the Court

David, Justice.

This case shines a spotlight on the precarious nature of CHINS proceedings and emphasizes the need to draw measured and appropriate procedural boundaries in these actions. Our Court has frequently weighed in on the delicate balance between the State's authority to provide protection for children's health, safety, and stability and the procedural safeguards put in place to protect parents from State overreach. One procedural issue that has evaded our review, however, is whether the State may file repeated petitions alleging children are CHINS without any new or substantially…

Also in this document: Concurrence.

2Cases cited30 opinions

  1. Burks v. United StatesSupreme Court of the United States · 1978
  2. Semtek International Inc. v. Lockheed Martin Corp.Supreme Court of the United States · 2001
  3. Keith C. Moore v. State of Indiana, Indiana Department of Corrections and Thomas D. RichardsCourt of Appeals for the Seventh Circuit · 1993
  4. Bruce Ryan v. State of IndianaIndiana Supreme Court · 2014
  5. Daniel Brewington v. State of IndianaIndiana Supreme Court · 2014

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3Cited by13 opinions

  1. Andrade v. City of HammondDistrict Court, N.D. Indiana · 2022
  2. Andrade v. Hammond City ofDistrict Court, N.D. Indiana · 2020
  3. City of Bloomington v. Catherine SmithIndiana Court of Appeals · 2025
  4. Constance R. Samplawski v. Anchor Land Management, LLCIndiana Court of Appeals · 2025
  5. In the Matter of J.S. (CHINS): S.D. (Mother) and M.S. (Father) v. The Indiana Department of Child Services (mem. dec.)Indiana Court of Appeals · 2020

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