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COA: Judge can cite statutes and facts not in CHINS petition

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The Indiana Court of Appeals has found that a Hendricks Superior judge didn’t step outside his authority when referencing statutes and facts not specifically cited in a Department of Child Services petition alleging two minor boys were Children in Need of Services.

In a unanimous ruling Wednesday in The Matter of Ju.L and Je.L., J.L. v. Indiana Department of Child ServicesJ.L., Child Alleged to be C.H.I.N.S.; J.L. v. I.D.C.S., No. 32A01-1010-JC-532, the appellate panel upheld the judgment by Hendricks Superior Judge Mark Smith involving a mother’s appeal that her two boys born in 2004 and 2006 are CHINS.

The parents were in the middle of a contested dissolution in May 2008 when the alleged facts in this case occurred, and as the divorce proceedings concluded in mid-2009 the Marion County Division of the DCS received at least 25 allegations that the father was abusing the boys. The county agency interviewed the boys on multiple occasions and investigated the reports during the next several months, but it didn’t find any evidence of the abuse alleged against the father.

 As a result of the mother’s numerous unsubstantiated allegations, the DCS in February 2010 filed a CHINS petition saying that she had failed to provide the children with a safe and appropriate living environment. The petition said she had exposed them to many physical exams and interviews due to the repeated claims against the father that were considered “unusual, bizarre complaints of sexual assault.”

Investigating the matter more during 2010, the DCS determined that the mother was emotionally abusing the boys and that her profile was that of someone with intense chronic anger that could endanger the family. The DCS recommended father have sole legal custody, that mother not be allowed to take the children to any medical appointments without him, and that they share physical custody.

The trial court placed the children with the father on an emergency request and ordered supervised visits with the mother. In June 2010, a fact-finding hearing on the case was held. It was determined that the boys were CHINS because they’d been subjected to emotional abuse.

On appeal, the mother argues that the trial court erred in the CHINS determination because it relied on state abuse and neglect statutes and facts not listed in the DCS petition. But the Court of Appeals found the DCS had cited Indiana Code 31-34-1 generally that encompasses both of those statutes and any related claims that might come up during the CHINS proceedings. The appellate panel applied its decision from In re V.C., 867 N.E. 2d 167, 178-79 (Ind. Ct. App. 2007) that held any issues not raised by the pleadings may be tried by the express or implied consent of the parties. The mother had adequate notice in this case because she had implied notice that her acts and omissions could be grounds for the CHINS proceeding under the abuse statute.

Since the trial court held a fact-finding hearing, it had adequate authority to cite those issues or facts that came out of the hearing and might not have been specifically listed in the DCS petition, the appeals judges found.

“However, we do not see anywhere in Mother’s Brief where she has provided legal precedent for the argument that a trial court may only make conclusions of law based on the facts listed in a CHINS petition,” Judge Patricia Riley wrote. “In other words, the purpose of the CHINS petition is not to provide the exclusive factual foundation for the trial court’s subsequent conclusions of law.”

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  1. Thanks for this article. We live in Evansville, IN and are aware of how bad the child abuse is here. Can you please send us the statistics for here in Vanderburgh, County. Our web site is: www.ritualabusefree.org Thanks again

  2. This ruling has no application to Indiana. The tail end of the article is misleading where it states criminal penalties await those who refuse a test. This is false. An administrative license suspension is what awaits you. No more, no less.

  3. Yellow journalism much??? "The outcome underscores that the direction of U.S. immigration policy will be determined in large part by this fall's presidential election, a campaign in which immigration already has played an outsized role." OUTSIZED? by whose standards? Also this: "In either case, legal challenges to executive action under her administration would come to a court that would have a majority of Democratic-appointed justices and, in all likelihood, give efforts to help immigrants a friendlier reception." Ah, also, did you forget an adjective at the *** marks ahead by any chance? Thinking of one that rhymes with bald eagle? " In either case, legal challenges to executive action under her administration would come to a court that would have a majority of Democratic-appointed justices and, in all likelihood, give efforts to help *** immigrants a friendlier reception."

  4. Definition of furnish. : to provide (a room or building) with furniture. : to supply or give (something) to someone or something. : to supply or give to (someone) something that is needed or wanted. Judge Kincaid: if furnish means provide, and the constitution says the provider in a uni is the township, how on earth are they seperated??

  5. I never filed a law suite. I had no money for a lawyer. In 2010 I presented for MRI/with contrast. The technician stuck my left arm three times with needle to inject dye. I was w/out O2 for two minutes, not breathing, no ambulance was called. I suffered an Embolism ,Myocardia infarction. Permanent memory loss, heart damage. After the event, I could not remember what I did five seconds earlier. I had no-one to help me. I lost my dental hygiene career, been homeless, etc.

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