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IN RE M.D.

No. 32A01-0812-JV-593.

906 N.E.2d 931 (2009)

In the Matter of M.D., J.D., and H.D., Children Alleged To Be In Need of Services, Indiana Department of Child Services, Appellant-Petitioner, v. B.D., Mother, and T.D., Father, Appellees-Respondents.

Court of Appeals of Indiana.

May 29, 2009.

Attorney(s) appearing for the Case

Alexandra D.A. Thomas, Indiana Department of Child Services, Crawfordsville, IN, Robert J. Henke, Indiana Department of Child Services, Indianapolis, IN, Attorneys for Appellant.

William O. Harrington, Betty M. Harrington, Harrington Law, P.C., Danville, IN, Attorneys for Appellees.

OPINION

KIRSCH, Judge.

The Indiana Department of Child Services ("DCS") appeals from the trial court's order dismissing, pursuant to Indiana Trial Rule 41(B), its petitions alleging that M.D., J.D., and H.D. ("the children") were Children in Need of Services ("CHINS"). DCS raises the following restated issues: whether the trial court erred when it dismissed the CHINS petition concerning the children because...

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