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Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case. ATTORNEYS FOR APPELLANT: RICHARD A. COOK RICHARD R. SKILES Skiles Detrude Indianapolis, Indiana ATTORNEYS FOR APPELLEE: KENDRA GOWDY GJERDINGEN GEOFFREY M. GRODNER Mallor Clendening Grodner & Bohrer LLP Bloomington, Indiana

IN THE COURT OF APPEALS OF INDIANA
SOUTH CENTRAL COMMUNITY MENTAL HEALTH CENTERS, INC., d/b/a CENTER FOR BEHAVIORAL HEALTH, Appellant-Defendant, vs. D.W. b/n/f JANICE D. WHEELER, Appellee-Plaintiff. ) ) ) ) ) ) ) ) ) ) )

No. 47A01-0601-CV-41

INTERLOCUTORY APPEAL FROM THE LAWRENCE SUPERIOR COURT The Honorable David K. Johnson, Special Judge Cause No. 47D01-0405-CT-551

February 28, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION

MAY, Judge

The South Central Community Mental Health Centers, Inc., d/b/a Center for Behavioral Health ("CBH"), appeals the denial of its motion to dismiss for lack of subject matter jurisdiction. The court had jurisdiction because the Medical Malpractice Act ("the Act") does not require D.W.'s complaint be submitted to a medical review panel. We accordingly affirm. FACTS AND PROCEDURAL HISTORY D.W.'s complaint alleges the following facts. In 2003, twelve-year-old D.W. was a patient at CBH's counseling center in Bedford. During sessions, D.W. would stay unsupervised in the waiting room while his mother, Janice Wheeler, met with his therapist, Teresa Terrell, for approximately thirty to forty-five minutes. Then, D.W. would meet with Wheeler and Terrell. On November 6, 2003, while Wheeler was meeting with Terrell, a mentally-disabled adult male patient of CBH molested D.W. in the waiting area's bathroom. Despite requests by Wheeler to change the format of the sessions, Terrell continued to insist D.W. remain alone in the waiting room while she met with Wheeler. As a result of the molestation, D.W. has suffered medical and emotional damages. On May 24, 2004, D.W., by his next friend Wheeler, filed a complaint alleging CBH was liable for his injuries under theories of negligence, gross negligence, and premises liability. About May 17, 2005, CBH filed a motion to dismiss D.W.'s

complaint, alleging this was a medical malpractice action and trial courts do not have subject matter jurisdiction over such actions until they have been presented to a medical review panel pursuant to Ind. Code

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