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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  2. My situation was hopeless me and my husband was on the verge of divorce. I was in a awful state and felt that I was not able to cope with life any longer. I found out about this great spell caster drlawrencespelltemple@hotmail.com and tried him. Well, he did return and now we are doing well again, more than ever before. Thank you so much Drlawrencespelltemple@hotmail.comi will forever be grateful to you Drlawrencespelltemple@hotmail.com

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

ADVERTISEMENT