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

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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.”

 

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  • 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.

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  1. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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