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Mother loses appeal of CHINS finding

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The Indiana Court of Appeals rejected a mother’s argument that child in need of services findings should be vacated because the judge in the matter should not have been able to make a negative inference from her invocation of her Fifth Amendment right not to testify.

The Department of Child Services filed a petition alleging that A.G. was a CHINS after several doctors had concerns that his mother M.K. was causing the baby’s cyanotic episodes, which caused his skin to turn blue, his eyes to roll back in his head and his body to stiffen. A.G. was diagnosed with mild to moderate pulmonary hypertension, which is common among his father’s relatives. But M.K. was the only one to witness a cyanotic episode. The doctors were concerned if he was left in her care, he could die.

When A.G. was removed from M.K.’s care, he only had one episode, which was attributed to his diagnosis.  

While the CHINS proceeding was pending, an evaluation by a board-certified clinical psychiatrist determined that mother is afflicted with Factitious Disorder by Proxy and is responsible for A.G.’s life-threatening cyanotic episodes.

After A.K. was born, the child was also removed from mother’s care and a CHINS petition filed.

During the CHINS proceedings, M.K. refused to testify. The children were adjudicated as CHINS, during which the trial court entered the conclusion, “Mother’s refusal to testify in the state’s case in chief draws a negative inference that Mother was concerned about incriminating herself through her testimony, further indicative of mother’s guilt.”

M.K. only appealed this finding, arguing the rule in Gash v. Kohm, 476 N.E.2d 910, 913 (Ind. Ct. App. 1985), should not apply in CHINS proceedings. The rule outlined in Gash does not prohibit a trier of fact in a civil case from drawing adverse inferences from a witnesses’ refusal to testify.

In In the Matter of A.G. and A.K. Children Alleged to be in Need of Services, M.K. v. Indiana Department of Child Services, 82A05-1306-JC-297, the Court of Appeals found the mother could not support her contentions or make a cogent argument based on public policy or constitutional law. Since she doesn’t challenge the remainder of the findings and conclusions, the adjudication stands.
 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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