ILNews

Court reverses DCS order requiring mother to take prescribed meds

Back to TopCommentsE-mailPrintBookmark and Share

A mother whose child was adjudicated as child in need of services won a partial victory before the Indiana Court of Appeals Wednesday.

In In the Matter of: Am.K., A Child In Need of Services and A.M. v. Marion County Department of Child Services and Child Advocates, Inc., 49A02-1207-JC-533, mother A.M. challenged the propriety of a parental participation order entered after her daughter AM.-K. was found to be a CHINS. She claimed that because the Department of Child Services failed to file a parental participation petition, the juvenile court lacked authority to order her to participate in any services or treatment. She also claimed that the order directing her to take any medications as prescribed violates her constitutional right to decide her own mental health treatment.

A.M.’s two children were removed from her custody and alleged to be CHINS after police found the mother naked behind a hotel behaving oddly. She was involuntarily committed for emergency mental health treatment and originally was taking medicine for her bipolar disorder, but stopped because it affected her existing heart condition. The mother also testified at a hearing she objected to medication on religious grounds.

The Court of Appeals found that although DCS failed to file a formal parental participation petition as described in Indiana Code 31-34-16-3, it did file a predispositional report that included all of its recommendations for the proposed plan of care, treatment, rehabilitation and placement of A.M.-K. The other child was placed with her father. The report substantially complied with the statute. Mother specifically agreed to almost all of the recommendations as to how she should fulfill her obligation as a mother except for the requirement she take all medications as prescribed.

Regarding the order she take all medications as prescribed, the Court of Appeals ruled that additional evidence is necessary to overcome A.M.’s constitutionally protected liberty interest in remaining free of unwanted intrusions in the mind and body, Judge John Baker wrote.

“Moreover, we believe that there is an inherent problem where, as here, the parental participation order does not direct Mother to take a specifically recommended medication on the basis of a doctor’s evaluation of Mother’s mental health but requires Mother to take any and all medications without regard to her objections and the possible side effects,” he wrote.

The case is remanded for further proceedings.
 
 

ADVERTISEMENT

  • state abdicates legit role
    why does the constitution require that people suffering from mental illness be allowed to decline their meds and wander around endangering others? the constitution didnt mean that the first 200 years of the republic and today with more effective drugs than ever, why should it mean that now? how sad for families of people who suffer from serious mental illness. NAMI.ORG is a good resource for those who do.

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

ADVERTISEMENT