Courts not responsible to find person named in subpoena

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It is not up to the court to find someone named in a subpoena if the person requesting it doesn’t know where to send the subpoena, the Indiana Court of Appeals ruled. That argument was being made by an incarcerated father appealing a determination that his child is in need of services.

Child V.C. lived with the child's mother, who had a history of issues with her mental state. At one point, mother was no longer able to care for V.C., which led to a CHINS determination. Eventually, mother was able to adequately care for V.C. After that initial proceeding, V.C.’s maternal aunt was approved to care for V.C. for short periods if mother’s mental state deteriorated to the point where she needed a break from the child.

In August 2011, mother told police and the Department of Child Services that she could no longer provide suitable care for her child. V.C.’s father, V.S., was incarcerated at the time. DCS alleged that V.C. was a CHINS and was granted temporary wardship.

V.S. denied the CHINS allegations and claimed that the maternal aunt would take V.C. He requested the aunt be subpoenaed, but did not provide the court with an address. He believed the court should track her down. V.S. also sought a continuance of the fact-finding hearing so he could secure the aunt’s testimony regarding her potential willingness to take the child. The juvenile court denied the subpoena request and continuance, and the court determined V.C. was a CHINS. V.C was placed in foster care.

The appellate judges affirmed, finding V.S.’s procedural due process rights weren’t denied when the court denied his requests to issue a subpoena to the aunt or continue the hearing. The father didn’t show how being incarcerated prevented him from contacting V.C.’s mother or the DCS to get the aunt’s contact information or that he couldn’t access research databases to find her information, wrote Judge Cale Bradford. It’s not the juvenile court’s responsibility to “go out and find” the person named in the subpoena, wrote the judge.

Father was also mistaken about the prior case plan involving the aunt. The former case manager, Kirstin Meadows, testified as a witness during the fact-finding hearing that the aunt was only approved to babysit.

“In light of Meadow’s testimony refuting Father’s claim that no CHINS determination was necessary because maternal aunt had been approved to accept custody of V.C., as well as DCS’s stipulation to Father’s desired testimony that maternal aunt would be willing to be considered as a relative placement for V.C., we conclude that Father has failed to demonstrate good cause for granting his request for a continuance,” Bradford wrote in In the Matter of V.C., Child Alleged to be in Need of Services v. Indiana Dept. of Child Services, No. 79A02-1112-JC-1172.



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  1. Especially I would like to see all the republican voting patriotic good ole boys to stop and understand that the wars they have been volunteering for all along (especially the past decade at least) have not been for God & Jesus etc no far from it unless you think George Washington's face on the US dollar is god (and we know many do). When I saw the movie about Chris Kyle, I thought wow how many Hoosiers are just like this guy, out there taking orders to do the nasty on the designated bad guys, sometimes bleeding and dying, sometimes just serving and coming home to defend a system that really just views them as reliable cannon fodder. Maybe if the Christians of the red states would stop volunteering for the imperial legions and begin collecting welfare instead of working their butts off, there would be a change in attitude from the haughty professorial overlords that tell us when democracy is allowed and when it isn't. To come home from guarding the borders of the sandbox just to hear if they want the government to protect this country's borders then they are racists and bigots. Well maybe the professorial overlords should gird their own loins for war and fight their own battles in the sandbox. We can see what kind of system this really is from lawsuits like this and we can understand who it really serves. NOT US.... I mean what are all you Hoosiers waving the flag for, the right of the president to start wars of aggression to benefit the Saudis, the right of gay marriage, the right for illegal immigrants to invade our country, and the right of the ACLU to sue over displays of Baby Jesus? The right of the 1 percenters to get richer, the right of zombie banks to use taxpayer money to stay out of bankruptcy? The right of Congress to start a pissing match that could end in WWIII in Ukraine? None of that crud benefits us. We should be like the Amish. You don't have to go far from this farcical lawsuit to find the wise ones, they're in the buggies in the streets not far away....

  2. Moreover, we all know that the well heeled ACLU has a litigation strategy of outspending their adversaries. And, with the help of the legal system well trained in secularism, on top of the genuinely and admittedly secular 1st amendment, they have the strategic high ground. Maybe Christians should begin like the Amish to withdraw their services from the state and the public and become themselves a "people who shall dwell alone" and foster their own kind and let the other individuals and money interests fight it out endlessly in court. I mean, if "the people" don't see how little the state serves their interests, putting Mammon first at nearly every turn, then maybe it is time they wake up and smell the coffee. Maybe all the displays of religiosity by American poohbahs on down the decades have been a mask of piety that concealed their own materialistic inclinations. I know a lot of patriotic Christians don't like that notion but I entertain it more and more all the time.

  3. If I were a judge (and I am not just a humble citizen) I would be inclined to make a finding that there was no real controversy and dismiss them. Do we allow a lawsuit every time someone's feelings are hurt now? It's preposterous. The 1st amendment has become a sword in the hands of those who actually want to suppress religious liberty according to their own backers' conception of how it will serve their own private interests. The state has a duty of impartiality to all citizens to spend its judicial resources wisely and flush these idiotic suits over Nativity Scenes down the toilet where they belong... however as Christians we should welcome them as they are the very sort of persecution that separates the sheep from the wolves.

  4. What about the single mothers trying to protect their children from mentally abusive grandparents who hide who they truly are behind mounds and years of medication and have mentally abused their own children to the point of one being in jail and the other was on drugs. What about trying to keep those children from being subjected to the same abuse they were as a child? I can understand in the instance about the parent losing their right and the grandparent having raised the child previously! But not all circumstances grant this being OKAY! some of us parents are trying to protect our children and yes it is our God given right to make those decisions for our children as adults!! This is not just black and white and I will fight every ounce of this to get denied

  5. Mr Smith the theory of Christian persecution in Indiana has been run by the Indiana Supreme Court and soundly rejected there is no such thing according to those who rule over us. it is a thought crime to think otherwise.