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Father’s lack of parenting experience does not support CHINS finding

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The Indiana Court of Appeals reversed the adjudication of a toddler as a child in need of services after finding the Department of Child Services did not establish that the child’s father is unlikely to meet the child’s needs absent court intervention based on his lack of parenting experience and previous diagnosis of having post-traumatic stress disorder.

Father M.H. was on active duty in the military most of S.A.’s life and had only seen the child twice before CHINS proceedings were initiated. His paternity was not established until these proceedings began. M.H. never paid child support or provided anything for S.A.’s care while on active duty.

S.A. was removed from his mother’s care due to her drug use and adjudicated as a CHINS. S.A. lived with his maternal grandmother and stepfather at the time of the adjudication and remained in their care.

After his paternity was established, M.H. began spending time with his son and wanted to receive custody of the boy. He visited the child at the grandmother’s house, and while he was a little slow changing diapers and clothes on the child, he interacted well with him.

At a fact-finding hearing regarding S.A.’s CHINS status, the trial court criticized M.H. for not establishing paternity sooner and also referenced M.H.’s previous revelation to DCS that he had been diagnosed and treated for PTSD while on active duty. DCS and the court-appointed special advocate wanted the CHINS adjudication to continue, citing concerns about the boy’s unfamiliarity with his father and M.H.’s lack of prior parenting experience.

The trial judge continued with the adjudication, ordering M.H. to participate in services and submit documentation for his PTSD treatment or undergo a psychological evaluation.

In In the Matter of: S.A. (Minor Child), Child in Need of Services and M.H. (Father) v. The Indiana Department of Child Services, 49A02-1402-JC-74, the judges sua sponte addressed the CHINS proceeding and found father’s due process rights had been violated because by adjudicating the child as a CHINS prior to father’s fact-finding hearing, the father was deprived of a meaningful opportunity to be heard.

But they did not rely on that finding to reverse the adjudication. Instead, the judges cited insufficient evidence.

“DCS does not satisfy its burden of proof by simply highlighting Father’s shortcomings as a parent; rather, DCS must establish that Father is unlikely to meet the Child’s needs absent coercive court intervention. Neither the trial court’s findings nor the other evidence in the record supports such a conclusion. If it were sufficient for the purposes of CHINS adjudications that a parent has no prior parenting experience or training, then all new parents would necessarily be subject to DCS intervention,” Judge Patricia Riley wrote.

Father had resolved the allegations in the CHINS petition by the time of the fact-finding hearing. Also, his PTSD diagnosis was relied on by DCS as a post hoc justification, as it was not raised in the petition as a basis for DCS involvement.

“We find Father’s voluntary admission of his PTSD history to DCS and the CASA to be indicative of the fact that court intervention would not be necessary to compel Father into treatment,” she wrote.
 

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  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

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