Ind. Elkhart Cnty. Local Rule LR20-TR81.1-404

404.1 Mission of Elkhart County Unified Family Court

The primary mission of the Elkhart County Unified Family Court is to provide a trauma-informed,

comprehensive, evidence-based, innovative court dedicated to child and family focused decision making

that results in outcomes that advance the needs of children and their families.

404.2 Definitions

404.2.1. Family

The Elkhart County Unified Family Court defines “family” for purposes of these rules in the

following manner:

1. “Family” shall include a child, any siblings related by blood, a parent’s marriage, or adoption to

that child, and the biological or adoptive parents of that child, and any legal guardian(s) or

custodian(s) of that child, and any step-parents or domestic partners of that child’s biological or

adoptive parent(s) who have any care or control of that child, or who have a significant relationship

with that child;

2. Persons who are married, or who live together in a domestic partnership, or who recently have

been or are currently in a significant relationship but do not live together and have a case in

common, who do not have children.

3. Any blood or adoptive family members living in the same household with any person from the

above two groups, including cousins, aunts, uncles, and grandparents; any blood family members

related to a non-blood family member of persons who reside together, such as a child’s stepsibling,

a parent’s girlfriend’s brother, etc.

404.2.2. Unified Family Court

A Unified Family Court is a court system which operates by hearing all cases related to family law,

and through either close coordination of its judicial officers or assigning one judicial officer to hear

all cases related to one family, works to improve outcomes for children, their families, and the court

itself. A Unified Family Court creates processes to expedite legal matters, therefore saving time and

resources for both the court and the families involved; creates partnerships with social service

organizations to enhance the wellbeing of court-involved families; and works to increase the overall

quality of the legal process for all parties.

404.2.3. Bundling

The process of identifying family cases and determining if TR 81.1 Family Procedures should be

utilized.

404.2.4. Triage

The process of Family Court staff assessing a family’s needs and risk factors by completing a Triage

Assessment to help determine which pathway the case(s) should be assigned to.

404.2.5. Pathway

One of three distinct tracks a family law case will be assigned to through the Triage process.

Assigning cases to a distinct Pathway helps to identify cases that can be resolved more quickly, versus

cases that require more judicial time, oversight, and intervention. The three (3) pathways utilized by

the Elkhart County Unified Family Court are Streamlined, Tailored, and Judicial/Specialized.

404.2.6. Family Needs Interview

An interview conducted by the Family Court Coordinator, or other designated Family Court Staff,

in cases assigned to the Judicial/Specialized Pathway, with the express purpose of gathering more

in-depth personal and collateral information on families in order to provide the Court with general

case recommendations and recommendations for a family’s participation in therapeutic services.

404.2.7. Family Needs ReportA document produced as a result of the Family Needs Interview

process that summarizes the history of the case, the background of the family, collateral

information about the family, concerns for the family, and recommendations for the case.

404.3. Identification of Family Cases

Upon the filing of any case or the filing in an existing case, in the Family Division, the Clerk or other

individual identified by the Court shall conduct a name search, the results of that name search shall be

provided to the judicial officer to whom the filing is assigned and shall ensure that family members are

appropriately linked in the Odyssey court system. The Family Court Coordinator, or other designated

Family Court Staff, shall then be responsible for completing a Triage Assessment, assigning cases to

judicial officers based upon whether any other open family cases are already being heard within the

Family Division, and preparing a proposed Pathway and Scheduling Order. The assigned Judicial Officer

shall determine if Trial Rule 81.1 Family Procedures should be followed. That Judicial Officer should

consult with any other Judicial Officer that may already be hearing other cases concerning the same

family and determine if bundling should occur and if so, which Judicial Officer should proceed with the

bundled cases or in the alternative to bundling close coordination of the cases. If bundling family

procedures occurs the court shall issue an order in all bundled related cases pursuant to Trial Rule 81.1.

The Judge of Superior Court 6 has final authority on bundling.

The Elkhart Office of Family Court Services has the authority to issue required forms in this process.

404.4. Consideration of Bundling

Any party, including by not limited to Guardian Ad Litem. CASA, attorney’s representing a party, or any

other professional involved with the children and family may initiate a request for review of cases for

bundling. Such Motion for Consideration of Bundling should be filed in each case contemplated for

bundling.

The Elkhart Office of Family Court Services has the authority to issue required forms.