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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. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  2. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  3. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  4. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  5. Why do so many lawyers get away with lying in court, Jamie Yoak?

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