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In re L.E.

Court of Appeals of Indiana

April 15, 2015

In the matter of: L.E., et al;
v.
Indiana Department of Child Services, Appellee-Respondent G.E., Appellant-Petitioner,

Appeal from the Lake Superior Court. Lower Court Cause No. 45D06-9504-JC-1521. The Honorable Thomas P. Stefaniak, Jr., Judge.

ATTORNEY FOR APPELLANT: P. Jeffrey Schlesinger, Merrillville, Indiana.

ATTORNEYS FOR APPELLEE: Gregory F. Zoeller, Attorney General of Indiana; Robert J. Henke, David E. Corey, Office of the Attorney General, Indianapolis, Indiana.

Pyle, Judge. Barnes, J., and May, J., concur.

OPINION

Pyle, Judge.

Statement of the Case

[¶1] G.E. appeals the juvenile court's denial of her petition to expunge a substantiated report of child neglect regarding her children. She claims that she presented clear and convincing evidence that she was unlikely to be a future perpetrator of neglect and that there was no reason to justify the retention of the record by the Department of Child Services (" DCS" ), thus satisfying the requirements of INDIANA CODE § 31-33-27-5. Concluding that G.E. did not carry her burden of presenting clear and convincing evidence satisfying the statutory requirements,

Page 770

we affirm the juvenile court's denial of G.E.'s expungement petition.

[¶2] We affirm.

Issue

[¶3] Whether the juvenile court erred in denying G.E.'s petition.

Statement of Facts

[¶4] On or about December 15, 2000, the Lake County Superior Court, juvenile division, entered an order terminating G.E's parental rights to four of her children. In relevant part, the juvenile court concluded as follows:

The child(ren) [have] been removed from the parent[] for @ least six (6) months under a dispositional decree[] of this Court dated ...

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