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. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.