A.B. v. Indiana Department of Child Services
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In this termination of parental rights case, the Supreme Court affirmed the decision of the trial court to admit drug reports, holding that the trial court properly found that the reports did not fit the records of a regularly conducted activity exception pursuant to Ind. R. Evid. 803(6).
The Indiana Department of Child Services filed a petition to terminate Parents' parental rights to their four children. During the termination hearing and over Parents' objections, the trial court admitted drug test results for both parents. The court terminated the parents' parental rights. Parents appealed, arguing that the trial court abused its discretion in admitting their drug test results. The court of appeals affirmed, concluding that the drug test results were properly admitted as records of a regularly conducted activity and that any error in their admission was harmless. The Supreme Court granted transfer and affirmed, holding (1) the drug test records here fell under the records of a regularly conducted business activity; and (2) the trial court did not err in admitting the drug records.
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