Indiana Department of Child Services v. V.B.
Docket: No. 32A01-0906-JV-283
Court: Indiana Court of Appeals; August 20, 2009; Indiana; State Appellate Court
J.W., a minor, was taken into custody by the Indiana Department of Child Services (DCS), prompting an emergency detention hearing on March 30, 2009. During the hearing, a guardian ad litem (GAL) was appointed for J.W., and the trial court ordered DCS to cover the GAL's fees. DCS appealed this order. The central issue was whether DCS is responsible for paying the GAL's fees or if this obligation falls to Hendricks County. The court referenced its previous ruling in *In re N.S.*, where it analyzed relevant statutes, concluding that the fiscal body of the county is responsible for appropriating funds for GAL or CASA services, thus placing the financial burden on the county. It emphasized the separation of powers among government branches and left the question of potential state funding for GALs and CASAs to the legislature. The court agreed with the analysis in *In re N.S.* and determined that the trial court's order for DCS to pay the GAL fees was erroneous. The judgment was reversed, with Chief Judge Baker and Judge Riley concurring.