In the Matter of M.S. (Minor Child in Need of Services) A.C. (Mother) v. Indiana Department of Child Services, 140 N.E.3d 279

DCS filed a verified CHINS petition for M.S. on Nov. 14, 2017 after reports of neglect tied to another child’s death; M.S. was removed and placed with her maternal grandmother.
An initial hearing occurred the filing day; a factfinding hearing began Dec. 13, 2017 after parties waived the 60-day deadline and continued the matter.
Mother subpoenaed Danville Police records, produced over 2,000 short video recordings, and sought continuances to resolve discovery and review the videos.
The full factfinding concluded Apr. 17, 2018 (beyond the statutory 120-day window); final adjudication and dispositional orders followed later in 2018.
Mother moved to dismiss because factfinding exceeded the 120-day statutory limit; the trial court denied dismissal, the Court of Appeals reversed, and the Indiana Supreme Court granted transfer.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a CHINS factfinding deadline of 120 days (Ind. Code § 31-34-11-1(b)) may be extended under Trial Rule 53.5 so that a party-initiated continuance that pushes the hearing past 120 days precludes mandatory dismissal	Mother: statute requires dismissal if factfinding not completed within 120 days; no party-based waiver of 120-day limit	DCS: Trial Rule 53.5 permits continuance for good cause; rigid rule forces unfair choices and undermines factfinding	Court: The 120-day limit may be enlarged only for good cause under Trial Rule 53.5; because Mother showed good cause, dismissal was properly denied

Matter of J.R., 98 N.E.3d 652 (Ind. Ct. App. 2018) (Court of Appeals held statutory 60-day deadline must be honored absent valid waiver)
Matter of T.T., 110 N.E.3d 441 (Ind. Ct. App. 2018) (Court of Appeals treated the 120-day limit as a hard deadline not waivable by parties)
Garner v. Kempf, 93 N.E.3d 1091 (Ind. 2018) (where procedural rules conflict with statute, trial rules govern)
State ex rel. Gaston v. Gibson Circuit Court, 462 N.E.2d 1049 (Ind. 1984) (statutes providing procedural mechanisms and timeframes are procedural)
Matter of Eq.W., 124 N.E.3d 1201 (Ind. 2019) (CHINS proceedings are civil and intended to protect children, not punish parents)
F.M. v. N.B., 979 N.E.2d 1036 (Ind. Ct. App. 2012) (trial court abuses discretion in denying a continuance when good cause is shown)