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Court affirms CHINS finding of child abandoned by parents

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The Indiana Court of Appeals rejected arguments by parents that their son should have been found to be a child in need of services under Indiana Code 31-34-1-6 because he substantially endangers his own health or the health of his family members. The appellate judges affirmed the CHINS finding under I.C. 31-34-1-1 that the parents had abandoned the child once he was placed in an emergency shelter.

C.U., born in December 2000, has a history of mental health issues, some of which were treated in Daviess County during a CHINS proceeding involving his biological mother and siblings. When that case closed, his father, C.U. Sr., and his wife, J.U., took the children. J.U. subsequently adopted the children. He was in therapy when he moved in with the family, but it ended due to scheduling conflicts.

C.U. claimed in April 2013 that J.U. abused him. He was placed in the emergency shelter care section of Lutherwood in Indianapolis. The Department of Child Services filed a petition alleging C.U. was a CHINS under I.C. 31-34-1-1 and -2. The parents denied the allegations. They also refused to pick up C.U. from the shelter or participate in any services. They claimed because of his mental health issues, he was a danger to himself and their family.

The trial court found C.U. to be a CHINS under I.C. 31-34-1-1 and ordered the family to participate in services recommended by DCS.

The judges rejected the parents’ claim that their case is similar to In re V.H., 967 N.E.2d 1066, 1072 (Ind. Ct. App. 2012), in which the COA reversed a CHINS adjudication and parental participation order. In that case, the mother tried to provide for her daughter, who had a mental health disorder, and had contacted police about altercations with her daughter.

“In sum, the Parents refused to provide shelter or treatment for the Child, leaving the Child’s care in the hands of the DCS. Although the Parents testified that the Child needs to be institutionalized, they took no steps to acquire such treatment for him and only assured the continuation of that treatment by their non-participation in the Child’s life. These facts support the trial court’s determination that the Child’ physical or mental condition was seriously impaired or seriously endangered as a result of the Parents’ inability, refusal, or neglect in supplying the Child with the necessary shelter, medical care, or supervision and that the Child was in need of care, treatment, or rehabilitation that the Child was not receiving and was unlikely to be provided or accepted without the coercive intervention of the court,” Judge Edward Najam wrote in In the Matter of C.U., A Child in Need of Services, C.U. and J.U. v. Indiana Department of Child Services, 49A05-1307-JC-354.  
 

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  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

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  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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