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CHINS finding establishes only status of child

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A finding that a child is in need of services only establishes the status of the child and means the child is a CHINS even if one parent isn't involved in the reasons for the determination, the Indiana Supreme Court ruled today.

The issue as to whether a child can be deemed a CHINS with respect to one parent, but not the other arose in the case In the matter of N.E., a child in need of services; N.L. (father) v. Indiana Department of Child Services, No. 49S02-0906-JV-270. N.E.'s father, N.L., appealed the finding that N.E. was a child in need of services and the juvenile court's decision to not place his daughter with him. N.E.'s mother has four children with four different fathers and the children were removed from her home after the Department of Child Services alleged they were CHINS because of domestic violence in the home.

The court then established N.L.'s paternity and placed N.E. in his custody, but removed N.E. to foster care a week later due to concerns about her paternal grandfather's drug problems. N.L. lived with his parents.

At a fact-finding hearing, a guardian ad litem stated N.E. had lived with her father for an extensive period of time and there was no doubt she was appropriately cared for there. The juvenile court found the children to be wards of the state, but made no specific findings as to N.L. or reasons for not placing N.E. with him.

The Indiana Court of Appeals was split in its reversal, ruling the state hadn't proved that N.E. was a CHINS with regard to her father. Judge Nancy Vaidik dissented, arguing a CHINS determination regards only the status of the child.

The justices agreed with Judge Vaidik that a CHINS determination establishes the status of a child alone. The conduct of one parent can be enough for a child to be adjudicated a CHINS, and to adjudicate the culpability on the part of each parent would be at a variance with the purposes of a CHINS inquiry, wrote Justice Frank Sullivan.

"Said differently, the purpose of a CHINS adjudication is to protect children, not punish parents," he wrote.

The juvenile court properly adjudicated N.E. as a CHINS because the mother failed to protect the children against the domestic violence in the home. In these circumstances, the CHINS petition didn't have to make any allegations with respect to N.L., the justice wrote.

The justices also agreed with the Court of the Appeals that the trial court's reasons for finding N.E. to be a ward of the state failed to take into account the time she spent in her father's care or why she shouldn't have been placed with him.

The omission of these facts are important because when a juvenile court makes a decision during a CHINS hearing as to whether a child will be a ward of the state or orders services, this could potentially interfere with the parents' rights in bringing up their children, wrote Justice Sullivan. Also, statute requires a juvenile court to enter a decree that is least restrictive and consider placing a child with a blood relative before other out-of-home placements, he continued.

The justices vacated that part of the juvenile court's judgment pertaining to N.E. because it may have interfered with N.L.'s rights to raise his daughter, and remanded for proceedings consistent with the opinion.

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  1. Bob Leonard killed two people named Jennifer and Dion Longworth. There were no Smiths involved.

  2. Being on this journey from the beginning has convinced me the justice system really doesn't care about the welfare of the child. The trial court judge knew the child belonged with the mother. The father having total disregard for the rules of the court. Not only did this cost the mother and child valuable time together but thousands in legal fees. When the child was with the father the mother paid her child support. When the child was finally with the right parent somehow the father got away without having to pay one penny of child support. He had to be in control. Since he withheld all information regarding the child's welfare he put her in harms way. Mother took the child to the doctor when she got sick and was totally embarrassed she knew nothing regarding the medical information especially the allergies, The mother texted the father (from the doctors office) and he replied call his attorney. To me this doesn't seem like a concerned father. Seeing the child upset when she had to go back to the father. What upset me the most was finding out the child sleeps with him. Sometimes in the nude. Maybe I don't understand all the rules of the law but I thought this was also morally wrong. A concerned parent would allow the child to finish the school year. Say goodbye to her friends. It saddens me to know the child will not have contact with the sisters, aunts, uncles and the 87 year old grandfather. He didn't allow it before. Only the mother is allowed to talk to the child. I don't think now will be any different. I hope the decision the courts made would've been the same one if this was a member of their family. Someday this child will end up in therapy if allowed to remain with the father.

  3. Ok attorney Straw ... if that be a good idea ... And I am not saying it is ... but if it were ... would that be ripe prior to her suffering an embarrassing remand from the Seventh? Seems more than a tad premature here soldier. One putting on the armor should not boast liked one taking it off.

  4. The judge thinks that she is so cute to deny jurisdiction, but without jurisdiction, she loses her immunity. She did not give me any due process hearing or any discovery, like the Middlesex case provided for that lawyer. Because she has refused to protect me and she has no immunity because she rejected jurisdiction, I am now suing her in her district.

  5. Sam Bradbury was never a resident of Lafayette he lived in rural Tippecanoe County, Thats an error.

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