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IN RE COMMITMENT OF J.W.B.

No. 20A03-0909-CV-418.

921 N.E.2d 513 (2010)

In the Matter of the COMMITMENT OF J.W.B.

Court of Appeals of Indiana.

February 17, 2010.

Attorney(s) appearing for the Case

Gregory F. Zoeller, Attorney General of Indiana, Elizabeth Rogers, David L. Steiner, Deputy Attorneys General, Indianapolis, IN, Attorneys for Appellant Indiana Family and Social Services Administration/Division of Mental Health and Addiction.

Craig M. Buche, Yoder, Ainlay, Ulmer & Buckingham, LLP, Goshen, IN, Attorney for Amicus Curiae County of Elkhart, Indiana.

OPINION

BAILEY, Judge.

Case Summary

The Indiana Family and Social Services Administration ("State") challenges a single sentence of the trial court's order for the continued civil commitment of J.W.B. The State argues that it, rather than the trial court, has authority to control whether a civilly committed person is transferred within a facility. Concluding that the General Assembly has placed this authority with the Executive Branch, rather than...

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