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. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues