October 24, 2013
Hall Center for Law and Health Event
Indiana Court of Appeals Oral Argument: B.R., a Minor by his Guardian Teresa Todd v. IN. Dept. of Child Services, et al 55A05-1212-CT-639
Location: Wynne Courtroom (Room 100),Inlow Hall, 530 W. New York Street, Indianapolis, IN
Contact: Hall Center for Law and Health at firstname.lastname@example.org
The Indiana University Robert H. McKinney School of Law and the Hall Center for Law & Health welcome the Indiana Court of Appeals and invite you to attend the Indiana Court of Appeals Oral Argument: B.R., a Minor by his Guardian Teresa Todd v. IN. Dept. of Child Services, et al 55A05-1212-CT-639.
Thursday, October 24, 2013
B.R., a minor child suffered a severe brain injury after nearly drowning while placed in respite foster care. The foster care placement was arranged by Adult and Child Mental Health Center (“the Health Center”), which operates under a contract with the Marion County Department of Child Services. B.R., by his court-appointed guardian, filed a complaint against the Health Center arguing that the Health Center owed and breached its duty to use reasonable care in providing and supervising foster care and services to B.R. The Health Center filed a motion to dismiss the complaint pursuant to Trial Rule 12(B)(1) claiming lack of subject matter jurisdiction. Specifically, the Health Center argued that it is a qualified health care provider and B.R.’s claims for his injuries are subject to the medical review panel requirement of the Indiana Medical Malpractice Act. The trial court agreed and dismissed the complaint. B.R., by his guardian, now appeals.
Special thanks to Professor Joel Schumm for facilitating this opportunity.