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Dixon & Moseley | Attorneys At Law
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    • Julie C. Dixon
    • Alexander Moseley
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  5. Breaking News, What You Need To Know: Court Of Appeals Remands CHINS Determination Due To Res Judicata

Breaking News, What You Need To Know: Court Of Appeals Remands CHINS Determination Due To Res Judicata

On Behalf of Dixon & Moseley, P.C. | Jun 13, 2019 | Appellate Practice, Child Custody, Indiana Court of Appeals, Parental Rights

The right to parent your child is a fundamental right, guaranteed by the Due Process clause of the Fourteenth Amendment. But, just like anything else in life, that right is not absolute. For example, parents who abuse their children, whether it be physical or verbal, do not have an absolute right to parent their child anymore. When a child is found to be in a detrimental home environment or found not having their basic needs met, then the State can become involved to protect the child. But there are limits to the State’s ability to intervene, such as when the claims have already been previously litigated in a prior CHINS proceeding. This was the issue at hand in the Court of Appeals recent decision of In the Matter of R.L.1 and the subject of this blog post.

In the Matter of R.L., the Court of Appeals was asked to decide whether the trial court erred in refusing to grant Mother’s motion to dismiss the CHINS action. The relevant facts are as follows: In 2017, shortly after the Minor Child was born, the Indiana Department of Child Services (“DCS”) removed the child from Mother’s care, claiming that the child’s Mother and Father did not provide a stable home environment. DCS subsequently filed a CHINS petition based on these allegations. The trial court denied and dismissed the CHINS action in March of 2018, finding that Mother and Father did provide a stable home environment. Without telling Mother about the Court’s Order dismissing the charge, one of DCS’ workers contacted Mother, stating that she needed to do a home inspection. Shortly after this home first, the DCS worker filed another CHINS petition, claiming that the Minor Child was a CHINS.

At the trial, Mother moved to dismiss the action, claiming that the action was barred by the doctrine of Res Judicata. The trial court disagreed and found the Minor Child to be a CHINS. Mother appealed. On appeal, the Court of Appeals agreed with Mother, remanding the CHINS determination based on Res Judicata. In reaching their decision, the Court of Appeals noted the purpose of Res Judicata is to prevent repetitious litigation disputes that are essentially the same. This doctrine protects individuals from having to continuously defend themselves against the same charge. The Court of Appeals found that most all of the allegations contained in the new CHINS petition “were either litigated or were known to DCS at the time that it filed and litigated its 2017 CHINS.” Thus, “re-litigation of those issues was barred by res judicata.” In closing, the Court voiced their “concerns” regarding “the manner in which DCS litigated this case.”

CHINS proceedings are complicated and often very emotional for everyone involved. Whether you are the parent, guardian, or interested third party, knowing the status of developments in the law is the key to protecting your rights, as well as being an engaged citizen in our participatory system of government. This blog post on a key new case was written by attorneys at Dixon & Moseley, P.C. who deal with all aspects of CHINS proceedings throughout the state. Having counsel current on the latest developments in family law provides you with the best defense. This blog is written for educational purposes only. It is not intended as legal advice or a solicitation for services. It is an advertisement.

  • In the Matter of R.L. (Minor Child) and J.R. (Mother) v. Indiana Department of Child Services, 18A-JC-2927 (Ind. Ct. App. 2019).
  • How Many Days Do You Have to Appeal in Indiana? (2026)

    On Behalf of Dixon & Moseley, P.C. | Jul 15, 2026 | Firm News

    An Indiana appellate lawyer’s guide to Notice of Appeal deadlines, Motions to Correct Error, interlocutory appeals, and common timing mistakes. Quick Answer: How Many Days Do You Have to Appeal a Case in Indiana? In most Indiana appeals from a final judgment, the...

    How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)

    On Behalf of Dixon & Moseley, P.C. | Jul 9, 2026 | Uncategorized

    A practical Indiana appellate lawyer’s guide to Notice of Appeal deadlines, appealable orders, the appellate record, briefing, oral argument, rehearing, and transfer to the Indiana Supreme Court. If you lost a civil case in Indiana, you may wonder whether the trial...

    Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

    On Behalf of Dixon & Moseley, P.C. | Jul 1, 2026 | Uncategorized

    When a civil case does not go your way in an Indiana trial court, an appeal may provide a path to reversal, but only if certain legal errors occurred. Indiana appellate courts do not retry cases or reweigh evidence. Instead, they review whether the trial court...

    When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

    On Behalf of Dixon & Moseley, P.C. | Jun 25, 2026 | Uncategorized

    Adoption in Indiana typically requires the consent of a child’s biological parents. However, Indiana law provides several important exceptions where a court may allow an adoption to proceed without a parent’s consent. Understanding these exceptions is critical;...

    Failure to Object: When Is an Issue Waived?

    On Behalf of Dixon & Moseley, P.C. | Jun 9, 2026 | Uncategorized

    An Indiana Litigation Guide for Preserving Error on Appeal In Indiana litigation, one of the most common mistakes a trial lawyer can make is failing to object at the right time and in the right manner. The rule is simple but unforgiving: if you do not properly object, you may waive the issue for appeal. An objection must be timely…

    Waiver on Appeal: The #1 Reason Appeals Lose in Indiana

    On Behalf of Dixon & Moseley, P.C. | Jun 2, 2026 | Uncategorized

    In Indiana appellate practice, many appeals do not fail because the underlying issue lacked merit. They fail because the issue was waived. In plain terms, waiver means the appellate court will not decide an argument because it was not properly preserved in the trial court, properly supported on appeal, or properly presented under the Indiana Rules of Appellate Procedure. Common…

    How to Preserve Error for Appeal in Indiana

    On Behalf of Dixon & Moseley, P.C. | May 28, 2026 | Uncategorized

    Executive Summary There are several things that an attorney can do to ensure that an error is preserved for appeal. Making timely and specific objections and obtaining an explicit ruling from the judge on such objections can ensure that a matter is preserved. If evidence is excluded, the attorney should make offers of proof through questioning the witness outside of…

    Can a mother legally deny parenting time to an unmarried father?

    On Behalf of Dixon & Moseley, P.C. | May 10, 2026 | Uncategorized

    The answer depends on several important legal factors, including paternity, custody orders, and the best interests of the child. An unmarried mother has sole legal custody in Indiana unless a court orders otherwise. An unmarried father does not have enforceable rights until paternity is established by either signing a paternity affidavit or filing a paternity action in court. If paternity…

    What Happens to the House in an Indiana Divorce?

    On Behalf of Dixon & Moseley, P.C. | Apr 23, 2026 | Uncategorized

    Executive Summary A house is considered marital property if it is owned by one or both spouses, even if it was acquired before the marriage. Indiana law presumes that a 50/50 division of marital property is fair, but this presumption can be rebutted by a number of factors. As for the house specifically, the court may award the house to…

    How Indiana Courts Divide Retirement Accounts in Divorce

    On Behalf of Dixon & Moseley, P.C. | Apr 21, 2026 | Uncategorized

    Retirement accounts are generally considered marital property to the extent that were earned during marriage. Although retirement funds that accumulated before the marriage are not automatically excluded from the marital property, they can affect how the marital property is divided. 401(k)s and employer-sponsored retirement plans are divided using a Qualified Domestic Relations Order (QDRO), which is a court order directing…

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    • How Many Days Do You Have to Appeal in Indiana? (2026)
    • How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)
    • Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)
    • When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)
    • Failure to Object: When Is an Issue Waived?

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