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Appeals court reverses DCS judgment of CHINS

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A 16-year-old Indianapolis girl was improperly adjudicated a child in need of services, and her mother should not have been subject to Department of Child Services oversight, the Indiana Court of Appeals ruled Tuesday.

The court reversed a Marion Superior Court order designating V.H. a child in need of services in In the Matter of V.H.; J.H. v. Indiana Dept. of Child Services, No.49A02-1110-JC-947. The case was remanded to the juvenile court with instructions to vacate the participation order issued for V.H.’s mother, J.H.

Judge John G. Baker wrote in a unanimous opinion that V.H., who outweighed her mother by about 30 pounds, had been the aggressor in at least two physical altercations with her mother, one of which involved DCS after police responded to the mother’s 911 call when the child became physical.

There was no evidence of abuse or neglect, and J.H. had been proactive in seeking psychological and behavioral treatment because DCS failed to do so in a timely manner after the agency became involved.

“Under these facts and circumstances, it is apparent that Mother, who is a working single parent, was addressing V.H.’s behavioral issues. This is something for which we should applaud parents rather than condemn them through coercive action,” Baker wrote in reversing the CHINS adjudication.

The mother obtained a psychological evaluation of her daughter because DCS could not provide one for three to six months, despite the mother’s repeated requests. “In light of this evidence, we cannot agree that V.H. needs care, treatment, or rehabilitation that she is not receiving and is unlikely to be provided or accepted without the coercive intervention of the court,” Baker wrote

The court also ruled that because of procedural errors in juvenile hearings, the participation order would have been vacated even if the judges had upheld the CHINS adjudication. The participation order bound the mother to maintain regular contact with the case manager, including home visits, participation and successful completion of home-based counseling and other requirements, including reimbursing DCS $25 a week.

Baker’s opinion also reiterated a prior appeal of a DCS case that warned the agency against using boilerplate language in CHINS cases, such as spelling out “standard services” in participation orders.

“In A.C. v. Marion County Department of Child Services, 905 N.E.2d 456, 464-65 (Ind. Ct. App. 2009), this court vacated portions of a participation decree because it utilized boilerplate language requiring the mother to undergo services where there was no evidence in the record to support the need for those services. We cautioned that: The use of boilerplate language can make the citizenry cynical about the requirements necessary to achieve the goals of a CHINS adjudication.

“Forcing unnecessary requirements upon parents whose children have been adjudicated as CHINS could set them up for failure with the end result being not only a failure to achieve the goal of reunification, but potentially, the termination of parental rights. … In short, Mother was ordered to complete requirements and accept services that were not supported by the record because the DCS recommended only ‘standard services.’ … We discourage the juvenile courts from using such boilerplate requirements.”


 

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. 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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