Ind. Appellate Rule 14.1

and/or Services

Effective September 1, 2018

A. Applicability.

This Rule governs appellate review per Indiana Code sections 31-34-4-7(f), 31-34-19-6.1(f), 31-

37-5-8(g), and 31-37-18-9(d). All other appeals concerning children alleged to be in need of

service or children alleged to be delinquent are not covered by this rule.

B. Notice of Expedited Appeal.

(1) The Department of Child Services (“DCS”) shall file a Notice of Expedited Appeal with the

Clerk within five (5) business days after the trial court's order of placement and/or services is

noted in the Chronological Case Summary. (See Form #App.R. 9-1).

(2) On the same day DCS files the Notice of Expedited Appeal, it shall serve the Notice on the

trial court judge, the clerk of the trial court, the Court Reporter (if a Transcript, or any portion

of a Transcript is requested), the county commissioners, the guardian ad litem, CASA, any

juvenile who is the subject of the order if 14 years of age or older, counsel for the juvenile,

the parents of the juvenile, the Attorney General, in the case of a juvenile delinquency matter

the Chief Probation Officer and Prosecutor, and any other party of record.

(3) The Notice of Expedited Appeal shall include all content required by Rule 9(F).

(4) The certificate of service attached to the Notice of Expedited Appeal shall include (a) the

name and address, and (b) the FAX number and e-mail address if known, of every person to

whom it was sent.

(5) Any party who has received the Notice of Expedited Appeal shall have five (5) business

days from service of the Notice of Expedited Appeal to file an Appearance and request any

additional other items to be included in the record. Failure to file an Appearance shall remove

that party from the Appeal.

(6) The trial court shall be considered a party to the Appeal if it files a timely appearance.

C. Transcript and Record.

(1) The completion of the Transcript and the Record on Appeal shall take priority over all

other appeal Transcripts and records. Within ten (10) business days after the filing of the

Notice of Appeal is noted in the Chronological Case Summary, the assembly of the Clerk's

Record shall be completed and any requested Transcript shall be prepared and filed, after

which the clerk shall immediately issue and file a Notice of Completion of Clerk's Record (and

a separate Notice of Completion of Transcript if assembly of the Clerk's Record is completed

before the Transcript is filed) and shall immediately serve all parties to the Appeal by both: (i)

U.S. mail or third-party commercial carrier; and (ii) personal service, electronic mail, or fac-

simile.

(2) The Clerk's Record in appeals governed by this rule shall contain the pre-dispositional

report and any attachments thereto, in addition to the other records listed in Appellate Rule 2

(E). The trial court clerk is not obligated to index or marginally annotate the Clerk's Record,

which shall be the responsibility of DCS.

(3) On the eleventh (11th) business day following the filing of the Transcript, the trial court

clerk shall transmit the Transcript to the Clerk without any further notice from the Clerk. Failure to meet this deadline shall require the trial court clerk to show cause to the Court on

Appeal why he or she should not be held in contempt. DCS may, but is not required to, file a

show cause motion with the Court on Appeal concerning the trial court clerk's failure to meet

this deadline.

D. Memoranda.

(1) Any party on Appeal may file a memorandum, which may be in narrative form and need

not contain the sections under separate headings listed in Appellate Rule 46(a).

(2) Memoranda shall not exceed ten (10) pages unless limited to 4,200 words and shall

adhere to the requirements of Appellate Rules 43(A)-(H), and (J). Memoranda exceeding ten

(10) pages in length shall contain the word count certification required by Appellate Rule 44

(F). Any factual statement shall be supported by a citation to a page where it appears in the

record.

(3) DCS shall have five (5) business days from the notation in the Chronological Case Summary of the filing of the Notice of Completion of Transcript (or the Notice of Completion of

Clerk's Record if a Transcript was not requested) to file a memorandum stating why the trial

court's decision should be reversed. DCS's memorandum shall be accompanied by an

Appendix that shall contain copies of all relevant pleadings, motions, orders, entries, and

other papers filed, tendered for filing, or entered by the trial court, including but not limited

to the pre-dispositional report and all attachments thereto.

(4) Any responding party shall have five (5) business days after DCS has filed its memorandum to file a responsive memorandum stating why the decision should be sustained or

reversed, and to file any accompanying supplemental Appendix.

(5) No reply memorandum shall be allowed.

E. Extensions of Time.

Extensions of time are not allowed.

F. Rehearing on Appeal.

A party may not seek rehearing of an appellate decision issued under this rule.

G. Outcome of Appeal.

If DCS prevails on appeal, payment shall be made in accordance with Indiana Code sections

31-34-4-7(g), 31-34-19-6.1(g), 31-37-5-8(h), or 31-37-18-9(e), as the case may be.

H. Petition to Transfer.

A Petition to Transfer must be filed no later than five (5) business days after the adverse

decision of the Court of Appeals. A party who files a Petition to Transfer by mail or third-party

commercial carrier shall also contemporaneously tender a copy to the Clerk's Office via fac-

simile. The Petition to Transfer shall adhere to the requirements of Appellate Rules 43(A)-(G),

(J), and (K). Appellate Rules 43(H) and (I), 44, and 57 shall not apply. The Petition to Transfer

shall not exceed one (1) page in length, excluding the front page, signature block and certificate of service, and shall notify the Supreme Court simply of the party's desire for the

Supreme Court to assume jurisdiction over the appeal following the adverse decision of the

Court of Appeals. A file-stamped copy of the Court of Appeals' opinion or memorandum

decision shall be submitted with the Petition to Transfer. No brief in response shall be

allowed. The Supreme Court will consider the merits of the Petition to Transfer based on the

party's filings submitted to the Court of Appeals and on the Court of Appeals' opinion or

memorandum decision.

I. Certification of Opinion.

The Clerk shall certify the Court of Appeals' opinion or memorandum decision six (6) business

days after it is handed down unless a timely Petition to Transfer has been filed and served in

accordance with the preceding section. The Clerk shall certify any opinion of the Supreme

Court immediately upon issuance.

J. Service.

If a party provides service by mail or third-party commercial carrier pursuant to Rule 68(F)(2),

then the party shall also provide service by contemporaneous fax or email on all parties

whose FAX number or e-mail address is known by the serving party. Parties who are served

by contemporaneous FAX or e-mail shall not be entitled to the extension of time set forth in

Appellate Rule 25(C). Any party filing an appearance after documents have been served shall

promptly be served with all documents not previously provided to the later-appearing party.