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CHINS: Child Advocates, Inc., Guardian Ad Litem v. DT (mem. dec.)
49A02-1607-JC-1622
| Ind. Ct. App. | Mar 20, 2017
|
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Case Information

*1 MEMORANDUM DECISION

Pursuant to Ind. Appellate Rule 65(D),

this Memorandum Decision shall not be

regarded as precedent or cited before any

court except for the purpose of establishing

the defense of res judicata, collateral

estoppel, or the law of the case.

A TTORNEY FOR A PPELLANT A TTORNEY FOR A PPELLEE D.T. (M OTHER ) Toby Gill Child Advocates, Inc. Victoria L. Bailey Indianapolis, Indiana Marion County

Public Defender Agency Indianapolis, Indiana A TTORNEYS FOR A PPELLEE I NDIANA D EPARTMENT OF C HILD S ERVICES Curtis T. Hill, Jr. Attorney General of Indiana Robert J. Henke David E. Corey Deputy Attorneys General Indianapolis, Indiana I N T H E

COURT OF APPEALS OF INDIANA In the Matter of: March 20, 2017 J.T. (Minor Child), Child in Court of Appeals Case No. Need of Services, 49A02-1607-JC-1622 Appeal from the Marion Superior Court Child Advocates, Inc., The Honorable Marilyn A.

Appellant-Guardian Ad Litem, Moores, Judge *2 The Honorable Danielle P. v. Gaughan, Magistrate D.T. (Mother), Trial Court Cause No. 49D09-1307-JC-16390 Co-Appellee-Respondent,

The Honorable Stephen Eichholtz, Judge Trial Court Cause No. The Indiana Department of 49D08-1601-GU-2310 Child Services, Co-Appellee-Petitioner

Baker, Judge. [1] Child Advocates, Inc., appeals two events that occurred below: (1) the transfer

of a guardianship case from probate court to juvenile court; and (2) an order in a Child in Need of Services (CHINS) case changing the child’s permanency plan from adoption to reunification.

[2] As for the guardianship case, the transfer order is not a final and appealable

order. Ind. Appellate Rule 2(H). Moreover, Child Advocates requested that the transfer take place; as such, any error was invited. Appellant’s GU App. Vol. II p. 34; Appellant’s CHINS App. Vol. II p. 26. As for the CHINS case, the permanency plan order is not a final and appealable order. In re D.W. , 52 N.E.3d 839, 841 (Ind. Ct. App. 2016), trans. denied . As for both cases, the CHINS case has been closed and the guardianship case

has been voluntarily dismissed by Child Advocates. We can offer no effective relief to the parties, and the case is therefore moot. E.g. , DeSalle v. Gentry , 818 *3 N.E.2d 40, 48-49 (Ind. Ct. App. 2004). For all of these reasons, we hereby dismiss this appeal. The appeal is dismissed.

Barnes, J., and Crone, J., concur.

Case Details

Case Name: CHINS: Child Advocates, Inc., Guardian Ad Litem v. DT (mem. dec.)
Court Name: Indiana Court of Appeals
Date Published: Mar 20, 2017
Docket Number: 49A02-1607-JC-1622
Court Abbreviation: Ind. Ct. App.
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