reporting requirement (Indiana) · Go Syfert
← Indiana issues

reporting requirement in Indiana

11 Indiana opinions name it 1 courts 1996–2023 1 in the last five years

The cases below were cited by Indiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Marion County Division of Indiana Department of Child Services v. S.M.green
ind · 2009 · cited in 2 Indiana opinions naming this issue, 2016–2018
2 sentences

2018The conditions for placement under the ICPC “are designed to provide complete and accurate information regarding children and potential adoptive parents from a sending state to a receiving state and to involve public authorities in the process in order to ensure children have the opportunity to be placed in a suitable environment.” In re Adoption of Infants H., 904 N.E.2d 203, 208 (Ind. 2009). [23] However, this court has squarely held that “the ICPC does not apply to placement with an out-of-state parent.” D.B. v. Ind. Dep’t of Child Servs., 43 N.E. 3d 599, 604 (Ind. Ct. App. 2015).

2016Its conditions for placement “are designed to provide complete and accurate information regarding children and potential adoptive parents from a sending state to a receiving state and to involve public authorities in the process in order to ensure children have the opportunity to be placed in a suitable environment.” In re Adoption of Infants H., 904 N.E.2d 203, 208 (Ind. 2009). [12] In the present case, the juvenile court ordered Father to comply with the ICPC process and notes in its findings that Father failed to cooperate on DCS’s first Court of Appeals of Indiana | Memorandum Decision 49A

22
In the Matter of D.B. (Minor Child), a Child in Need of Services: D.B.(Father) v. The Ind. Dept. of Child Services, and Child Advocates, Inc.green
indctapp · 2015 · cited in 1 Indiana opinions naming this issue, 2018–2018
1 sentence

2018The conditions for placement under the ICPC “are designed to provide complete and accurate information regarding children and potential adoptive parents from a sending state to a receiving state and to involve public authorities in the process in order to ensure children have the opportunity to be placed in a suitable environment.” In re Adoption of Infants H., 904 N.E.2d 203, 208 (Ind. 2009). [23] However, this court has squarely held that “the ICPC does not apply to placement with an out-of-state parent.” D.B. v. Ind. Dep’t of Child Servs., 43 N.E. 3d 599, 604 (Ind. Ct. App. 2015).

11
A.J. v. Logansport State Hospitalgreen
indctapp · 2011 · cited in 1 Indiana opinions naming this issue, 2015–2015
1 sentence

2015In other words, “the purpose of the report requirement of Section 12-26-7-3(b) is to insure that . . . qualified persons have evaluated the individual and determined that commitment to a state institution is appropriate.” A.J. v. Logansport State Hospital, 956 N.E.2d 96, 108 (Ind. Ct. App. 2011). [24] We first observe that J.E. did not raise an objection at his hearing that placement at a state psychiatric hospital, specifically LSH, was inappropriate.

11
Borne Ex Rel. Borne v. Northwest Allen County School Corp.green
indctapp · 1989 · cited in 1 Indiana opinions naming this issue, 2015–2015
1 sentence

2015Corp., 532 N.E.2d 1196, 1203 (Ind.Ct.App.1989) (holding that a statute requiring individuals to orally report suspected child abuse and neglect did not create a private cause of action because, even though the reporting requirement individually benefitted potential victims of child abuse and neglect, “there [was] no apparent intent to authorize a civil action for failure of an individual to make the oral report”), trans. denied.

11
Flanders v. Stategreen
indctapp · 2011 · cited in 1 Indiana opinions naming this issue, 2013–2013
1 sentence

2013See id. (determining that application of SVP reporting requirements to Flanders was an ex post facto punishment because, among other reasons, Flanders was not provided with an opportunity to contest application of the requirements).

11
Patterson v. Stategreen
ind · 1986 · cited in 1 Indiana opinions naming this issue, 2012–2012
1 sentence

2012“But as our Supreme Court ha[s] indicated, even where a charging instrument may lack appropriate factual detail, additional materials such as the probable cause affidavit supporting the charging instrument may be taken into account in assessing whether a defendant has been apprised of the charges against him.” Id., citing Patterson v. State, 495 N.E.2d 714, 719 ([Ind.]1986). 10.Nowhere in the charging information[] does it allege what facts support the element that Edward Gilli-land had a reason to believe that the minor child K.T. was a victim of child abuse or neglect that would cause a repo

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Healey v. State green
indctapp · 2012
2 sentences

2013Weighing the factors, the Court concluded that the extension of Gonzalez’s reporting requirement was so punitive as to amount to a criminal penalty, and thus the lifetime reporting requirement violated Indiana’s ex post facto clause. *827 Turning to Healey’s circumstances, in Healey I this Court determined that the General Assembly did not act with punitive intent when it amended SORA, which resulted in extending Healey’s sex offender registration requirements for ten years. 969 N.E.2d at 613 .

2013Id. at 614 .

22013–2013
Bryant-Bruce v. Vanderbilt University, Inc. green
tnmd · 1997
2 sentences

2023In other words, the court explained, immunity does not extend to “other improper actions taken beyond the reporting requirement,” and the Tennessee reporting statute provides immunity for physicians “only to the extent that their conduct arises from their duty to report suspicions of child abuse. . . .” Id. [54] The federal court granted the Vanderbilt Defendants’ motion for partial summary judgment “for the actions taken in compliance with Defendants’ duty to report suspicions of child abuse under [the Tennessee reporting statute] . . . . 974 F. Supp. at 1148 .

2023And the court denied the Defendants’ motion “to the extent that Defendants’ actions were not taken pursuant to said legal duty or may have exceeded such duty. . . .” Id.

12023–2023
Bester v. Lake County Office of Family & Children green
ind · 2005
1 sentence

2018The ICPC “includes a reporting requirement that allows a receiving state to investigate the fitness of the proposed home and to determine whether the child may be placed according to a proposed plan.” Id.

12018–2018
State v. Lucas green
ohio · 2003
2 sentences

2012Finally, as a matter of public policy, we agree with the Ohio Supreme Court that “[i]f petitioners for protection orders were liable for criminal prosecution, a violator of a protection order could create a real chill on the reporting of the violation by simply threatening to claim that an illegal visit was the result of an illegal invitation.” State v. Lucas, 795 N.E.2d at 647 .

2012Finally, as a matter of public policy, we agree with the Ohio Supreme Court that “[i]f petitioners for protection orders were liable for criminal prosecution, a violator of a protection order could create a real chill on the reporting of the violation by simply threatening to claim that an illegal visit was the result of an illegal invitation.” State v. Lucas, 795 N.E.2d at 647 .

12012–2012
State v. Laker green
indctapp · 2010
1 sentence

2012“But as our Supreme Court ha[s] indicated, even where a charging instrument may lack appropriate factual detail, additional materials such as the probable cause affidavit supporting the charging instrument may be taken into account in assessing whether a defendant has been apprised of the charges against him.” Id., citing Patterson v. State, 495 N.E.2d 714, 719 ([Ind.]1986). 10.Nowhere in the charging information[] does it allege what facts support the element that Edward Gilli-land had a reason to believe that the minor child K.T. was a victim of child abuse or neglect that would cause a repo

12012–2012
McVey v. State green
indctapp · 2007
2 sentences

2009McVey, 863 N.E.2d at 449 .

2009McVey, 863 N.E.2d at 449 .

12009–2009
North Dakota v. United States green
scotus · 1990
2 sentences

1996Even the partial dissent (which concurred as to the validity of the reporting requirement) did not take issue with the premise that, by requiring out-of-state importers to affix labels to the "items" of alcohol shipped to federal bases located within North Dakota, the State's goal of keeping liquor bound for those bases out of the State's intrastate system was served; rather, the partial dissent felt the labeling requirement was invalid only because the goal could be served through alternative means. 495 U.S. at 449-50 , 110 S.Ct. at 2002 .

1996Even the partial dissent (which concurred as to the validity of the reporting requirement) did not take issue with the premise that, by requiring out-of-state importers to affix labels to the "items" of alcohol shipped to federal bases located within North Dakota, the State's goal of keeping liquor bound for those bases out of the State's intrastate system was served; rather, the partial dissent felt the labeling requirement was invalid only because the goal could be served through alternative means. 495 U.S. at 449-50 , 110 S.Ct. at 2002 .

11996–1996

Where else courts name it

CA 48 (1974–2026) PA 45 (1962–2026) NJ 30 (1961–2025) TX 26 (1977–2016) OH 25 (1997–2026) FL 20 (1990–2024) KS 19 (1989–2024) NY 16 (1978–2026) OR 16 (2007–2026) MI 13 (1990–2023) IL 13 (1978–2026) WA 11 (1983–2022) MO 11 (1976–2024) IN 11 (1996–2023) MA 10 (1981–2023) NM 8 (2013–2016) MD 8 (1993–2013) GA 6 (1982–2007) LA 6 (2006–2020) IA 6 (1993–2020) AZ 5 (1983–2017) KY 5 (2009–2017) VA 5 (2007–2025) DE 5 (2014–2025) TN 4 (2010–2015) NC 4 (2001–2020) NH 4 (1984–2013) WI 4 (1987–2015) AK 4 (1979–1998) CO 3 (2001–2016) ME 3 (2006–2011) SD 3 (1969–1993) MN 3 (1995–2010) CT 3 (2004–2022) NE 2 (1994–1996) AL 2 (1985–2000) ND 2 (2001–2006) MS 2 (2006–2013) DC 2 (1995–2005) WY 2 (2015–2018) RI 2 (1994–2002) NV 2 (2012–2021)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check