In the Matter of Eq.w., M.w., A.w., S.w., and Ez.w. (minor Children); V.b. (mother), Appellant v. Indiana…

Summary

The Indiana Supreme Court held that claim preclusion applies to repeated CHINS petitions and bars a subsequent petition based on material facts that were or could have been presented in the earlier proceeding, subject to the requirement of a prior merits judgment and the presence of the other claim-preclusion elements. The Court nevertheless affirmed because Mother did not adequately raise res judicata in the trial court, and the trial court's failure to apply the doctrine sua sponte was not fundamental error. The Court also summarily affirmed the determination that sufficient evidence supported the CHINS adjudications.