Craig Burney v. Indiana Department of Child Services
── Craig Burney v. Indiana Department of Child Services ──
Case No.: 23A-MI-02850
Court: Indiana Court of Appeals
Date: June 20, 2024
Author: Judge Robert Altice
County of Origin: Shelby
Category: Civil
Decision: Affirmed
Judge Bradford and Judge Felix concur
Case Summary
Craig Burney sought judicial review of a substantiation of child abuse against
him by the Indiana Department of Child Services (DCS). When Burney failed
to timely file the agency record, the trial court granted DCS’s motion to dismiss
the action. On appeal, Burney argues that dismissal was unwarranted because
the complete agency record was ultimately, though belatedly, filed and “the
equities in this case show that the trial court abused its discretion” by granting
the dismissal. Appellant’s Reply Brief at 7.
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