ILNews

Justices: Facts don’t justify subjecting family to CHINS proceeding

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Supreme Court reversed the finding that a child with special needs is a child in need of services after ruling that the circumstances of this case don’t support that the mother needed the court’s coercive intervention to address concerns in the CHINS petition.

Mother J.B. has five children, including S.D., who at 2 years old required hospitalization in Indianapolis for cardiomyopathy. She was placed on a ventilator, and given a tracheostomy and gastrostomy. As a result of her hospitalization, J.B. moved her other children from Gary to Indianapolis.

The Department of Child Services initiated CHINS proceedings regarding all of the children because J.B. failed to enroll them in school and had become disengaged from S.D.’s care plan. She allowed the state to remove the four siblings from her care to focus on S.D.’s treatment.

But J.B. found stable housing and the four children were returned to her care. The petition regarding S.D. continued because, although S.D. was ready to come home, J.B. had not met the training requirements regarding care of S.D. for her to be released. The hospital would not discharge S.D. until mother and a second caregiver completed significant medical training. S.D.’s grandmother initially was going to be the second caregiver, but DCS did not approve her based on a background check. The next person chosen as the second caregiver was unable to complete a 24-hour practice session at the hospital because of her work schedule.

“Mother’s most significant failure—to complete the home-care simulation—appears as much a product of DCS’s intervention as it is a sign of her need for that intervention,” Justice Loretta Rush wrote in In the Matter of S.D., Alleged to be a Child in Need of Services, J.B. v. Indiana Department of Child Services, 49S05-1309-JC-585, pointing out that DCS’ disapproval of the grandmother required the mother to “go back to the drawing board” to recruit someone else.

“S.D. and her siblings were legitimately in need of services when DCS filed its petitions. But by the fact-finding hearing, Mother had voluntarily addressed all but one of those concerns to the trial court’s satisfaction. In view of that judgment, the remaining evidence fails to show that Mother was likely to need the court’s coercive intervention to complete that final item — and when that coercion is not necessary, the State may not intrude into a family’s life. We therefore reverse the trial court’s judgment that S.D. was a child in need of services.”

 

ADVERTISEMENT

  • God Bless This Justice
    Mother’s most significant failure—to complete the home-care simulation—appears as much a product of DCS’s intervention as it is a sign of her need for that intervention,” Justice Loretta Rush WOW! That should send a shock wave through the statist hallways. Big Sister cannot simply step in and grab the kiddies, making up the reasons as they go along and causing families to stumble. Thank you Justice Rush.

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

ADVERTISEMENT