[DOWNLOAD] "Matter Tina T. Matter Michael R. Matter" by 49S00-9001-CV-11 Supreme Court of Indiana Nos. 49S00-9008-JV-576 ~ eBook PDF Kindle ePub Free

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• Title: Matter Tina T. Matter Michael R. Matter
• Author : 49S00-9001-CV-11 Supreme Court of Indiana Nos. 49S00-9008-JV-576
• Release Date : January 30, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 81 KB

Description

I. Procedural History The gravamen of Chapter 14 of Title 31, Section 6, of the Indiana Code is that before a juvenile ward
may be placed by court order in a "restrictive placement," defined generally as a placement other than the child's home or
a foster home in the county of the child's residence, an independent body created by the chapter must meet and make a nonbinding
recommendation to the court concerning the placement. Under I.C. 31-6-14-6, a local coordinating committee (LCC) is to be
established in each county of this State to review restrictive placements[Footnote 1] of wards which have been proposed by
a referring agency.[Footnote 2] The voting members of the LCC are the director of the county welfare department, the director
of the community mental health center serving the child's area of residence, and the superintendent of the school corporation
in which the child is legally settled, or the designees of these officials.[Footnote 3] I.C. 31-6-14-7(a)(1) through (3).
Subject to explicit exceptions, none of which is applicable here,[Footnote 4] the LCC must review every proposed restrictive
placement and make its recommendation before the placement may be made or before the referring agency may submit its proposal
to the person authorized to make the placement, I.C. 31-6-14-12, which is most often the Judge of the juvenile court having
jurisdiction over the ward. Appellees, three juvenile wards of the Marion County Department of Public Welfare, filed separate petitions in the Marion
County Superior Court, Juvenile Division, asking that court for injunctive and declaratory relief and for class certification.
The petitions requested that the court declare I.C. 31-6-14-1 et seq. unconstitutional and sought to represent, by way of
class action, present and future wards of the Marion County Superior Court, Juvenile Division, or the Marion County Welfare
Department who were awaiting restrictive placements pending a Local Coordinating committee decision and the parents or guardians
of those wards. The trial court found that the causes were properly brought as class actions under Ind. Trial Rule 23(B)(2)
and certified the following two classes:

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