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[SUPREME] F.D. v. Indiana Department of Family Services, Cause No. 82S01-1301-CT-19
Start Date: 3/28/2013Start Time: 10:30 AM
End Date: 3/28/2013End Time: 11:10 AM
Entry Description
Parents filed suit against the Department of Child Services (“DCS”), among others, based on the defendants’ failure to notify Parents that their daughter had been molested by another juvenile. The trial court granted summary judgment to the defendants on immunity grounds. A divided panel of the Court of Appeals affirmed, a majority holding sua sponte that the statute relied upon by Parents does not confer a private right of action against DCS. F.D. v. Indiana Dep’t of Family Servs., 973 N.E.2d 1186 (Ind. Ct. App. 2012), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.
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