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Appeals court questions Indiana requisition and proof of entitlement in interstate custody dispute
Summary
In Matter of Return of a Child (24P1190) the Appeals Court heard whether the juvenile court erred by treating an Indiana requisition as conclusive proof of Indiana custody and by failing to obtain proof of entitlement and to consult the Indiana tribunal. Child counsel and DCF urged reversal, saying the record shows no Indiana custody or placement
Laura Openshaw, representing the minor whose return is contested, argued that the juvenile court erred by accepting an Indiana requisition without the proof of entitlement the Interstate Compact on Juveniles (ICJ) and related rules require.
Openshaw told the panel that ORR records in the appendix show the child had been released by federal ORR to a vetted sponsor and that HHS regulations state a sponsor release means ORR no longer has legal custody. She said the juvenile court made…
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