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Mom’s one-time meth use does not support CHINS case

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A mother’s isolated use of methamphetamine by itself is insufficient to sustain a child in need of services finding, the Indiana Court of Appeals ruled Monday.

The case involves a Sullivan County mother of 6-year-old L.P. who Department of Child Services interviewed after a tip that the mother had used the drug. The mother tested positive after a voluntary screen. The child was placed with a relative, and DCS then began CHINS proceedings.

Mother voluntarily agreed to drug screens and provided 10 consecutive negative tests. Evidence also was presented that the child was well cared-for. Sullivan Superior Judge Robert E. Springer returned the child to the mother but determined the child to be in need of services. While commending mother for working and avoiding substance abuse, he wrote he agreed with DCS’ “zero tolerance” for meth, which he said had caused “tragic” effects in the southwestern Indiana county.

In In the Matter of: L.P., a Child Alleged to be a Child in Need of Services, K.K., Mother v. The Indiana Department of Child Services, 77A01-1310-JC-427, the panel reversed.

“We are mindful that ‘juvenile court judges are often faced with the challenge of balancing multiple factors and multiple voices in a CHINS case’ and ‘[t]he process of the CHINS proceeding focuses on the best interests of the child, rather than guilt or innocence as in a criminal proceeding,’” Judge L. Mark Bailey wrote for the panel, citing In re K.D., 962 N.E.2d at 1255.

“Although methamphetamine use may indeed be epidemic, here the relevant inquiry was whether L.P. was seriously impaired or endangered and in need of care and supervision unlikely to be provided without coercive intervention of the court. ... (T)he State proved a single use of methamphetamine; likewise, there is no suggestion that it took place in the presence of the child.

“... Mother thereafter voluntarily and consistently took drug screens with negative results. The factual finding of an isolated use of methamphetamine, without more, does not support the conclusion of law that L.P. was a CHINS,” the court held.

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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