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Appeals court affirms out-of-state placement of child with father

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A mother whose son was placed with his father in California after the Department of Child Services found her children to be children in need of services failed to convince a panel of the Indiana Court of Appeals that the placement was erroneous or that the DCS didn’t make a reasonable effort to preserve the family.

“We believe that the evidence in this case supported the continued out-of-state placement with M.S.’s natural father, which the trial court found to be in the child’s best interest,” Chief Judge Margret Robb wrote in In the Matter of M.S. (A Child Alleged in Need of Services), and K.S., (Mother) v. The Indiana Department of Child Services, 67A04-1305-JC-212. “Therefore, the trial court’s decision to place M.S. with Father and eventually dismiss the CHINS proceedings was not error."

Mother K.S. admitted during a CHINS hearing to substance abuse problems and that she had no permanent residence, vehicle or phone. DCS has found her missing on a visit to her home where the children had been left alone, according to the record.

As father’s service in the military unwound, he eventually took M.S. with him to live in San Diego, and DCS requested to dismiss the CHINS proceeding. On appeal, mother argued DCS neglected its duty under I.C. 31-34-21-5.5 to make reasonable efforts to reunify or preserve a family.

“The health and safety of M.S. was served by his placement with Father,” Robb wrote in an opinion joined by Judge Michael Barnes. “Moreover, the placement of M.S. with Father was a familial reunification of sorts, albeit not of the kind Mother would have preferred. In light of the circumstances, we believe DCS’s reunification efforts were reasonable.”

Judge Elaine Brown concurred in a separate opinion, but said the father’s home should have been inspected before the boy was placed with his father and that DCS was too quick to terminate the CHINS proceeding, which took place one week after father’s home had been inspected.

“Under such circumstances, despite the motion by DCS to dismiss the CHINS petition, I believe that M.S. would have been better served had the court ... ordered that DCS continue with services for a period of time to monitor Father’s parenting and compliance with the terms of the decree,” Brown wrote.
 

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  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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