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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. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

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