Judges reverse CHINS determination

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The Indiana Court of Appeals reversed the determination that a brother and sister are children in need of services, finding there was “simply no evidence” to support the finding.

In In Re the Matter of: B.N. and H.C., Children in Need of Services; M.C. v. Marion Co. Dept. of Child Services and Child Advocates, Inc., No. 49A02-1110-JC-1025, mother M.C. challenged the finding that her children B.N. and H.C. are in need of services. After being stopped by police in May 2011, police found oxycodone, Xanax and marijuana in M.C.’s car. Her son B.N. was in the backseat. Her driver’s license was suspended at the time. She was charged with possession of a controlled substance and possession of marijuana. The Department of Child Services took custody of her two children and later filed a petition that they were CHINS under Indiana Code 31-34-1-1, which says that a child is a CHINS if the “child’s physical or mental condition is seriously impaired or seriously endangered as a result of the inability, refusal, or neglect of the child’s parent, guardian, or custodian to supply the child with necessary food, clothing, shelter, medical care, education, or supervision.”

M.C. complied with voluntary drug screenings – testing negative each time – and presented current prescriptions to DCS for the oxycodone and Xanax, although she did not have a valid prescription for Xanax when she was arrested. DCS had been involved with M.C. and her oldest child several years prior based on claims of domestic violence committed by the children’s father. M.C. now has a protective order against the father.

The DCS case manager testified and the court found the children to be CHINS.

The Court of Appeals found the juvenile court’s findings that M.C. didn’t have a valid prescription for the oxycodone when she was arrested and hasn’t proven she is employed weren’t supported by the evidence. At the CHINS hearing, M.C. provided her valid prescription for oxycodone, and the case manager testified that M.C. provided her a letter showing she was employed.

The judges found that although M.C. was charged with possession of marijuana and admitted to using it in the past, she tested negative at each screening, had valid prescriptions for the oxycodone and wasn’t charged with any crime relating to the Xanax possession. She volunteered to participate in services; they weren’t mandatory per DCS and there is no evidence that her suspended license affects the condition of the children, wrote Judge Nancy Vaidik. There is no evidence that the children’s physical or mental conditions were seriously impaired or endangered by their mother.



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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.