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B.R. EX REL. TODD v. STATE

No. 55A05-1212-CT-639.

1 N.E.3d 708 (2013)

B.R., a Minor, by his Guardian, Teresa TODD, Appellant-Plaintiff, v. STATE of INDIANA, Indiana Department of Child Services, Morgan County Office of Department of Child Services, and Adult and Child Mental Health Center, Inc., Appellee-Defendants.

Court of Appeals of Indiana.

November 21, 2013.

Attorney(s) appearing for the Case

David B. Wilson , Indianapolis, IN, W. Brent Gill , Nunn Law Office, Bloomington, IN, Attorneys for Appellant.

Sheri Bradtke McNeil , Kopka, Pinkus, Dolin & Eads, P.C., Crown Point, IN, Attorney for Appellee Adult and Child Mental Health Center.

OPINION

MATHIAS, Judge.

B.R., by his guardian, Teresa Todd argues that the trial court erred when it granted the Adult and Child Mental Health Center's ("the Health Center") Trial Rule 12(B)(1) motion to dismiss for lack of subject matter jurisdiction. The precise issue presented in this appeal is whether the Health Center was providing "health care" when it placed B.R. in respite therapeutic foster care, and therefore, whether B.R.'s claim was subject to...

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