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Evidence supports CHINS finding, COA affirms

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Based on evidence that a mother continued to have extensive problems with drugs and violent relationships with her children’s fathers, the Indiana Court of Appeals affirmed the determination that a woman’s two young children were children in need of services.

E.B. appealed the order finding that her children, who were under the age of three at the time, were in need of services. The Department of Child Services became involved with E.B. after receiving a report she used and sold drugs from her home where her children lived. When a case manager tried to follow up at the home, she found no one living there. E.B. declined to initially tell DCS where her children were living.

DCS filed the petition alleging the kids were CHINs based on E.B.’s admission to using cocaine three months earlier and refusing to disclose the location of the children. The day after the petition was filed, she tested positive for alcohol and marijuana, which she admitted to using daily.

E.B. underwent a substance use disorder assessment with a counselor. The counselor’s report was admitted during the CHINS hearing. The trial court cited the daily use of drugs by E.B., the age of her children, her violent history with her children’s fathers, among other things, as reasons why the children are CHINS. The court has since released wardship over the children and closed this case as E.B. has completed all ordered services and had clean drug screens since February 2013.

The COA affirmed the CHINs determination, finding evidence supports that E.B. continued to have extensive problems with drugs, violent relationships with her children’s fathers, and that these problems are harmful to the children. The trial court’s findings also support its judgment that there is a substantial risk of endangerment to the children, and that they need care, treatment or rehabilitation that they are not receiving and would not receive without court intervention, Judge Edward Najam wrote in In the Matter of Des.B. and Dem.B., Minor Children in Need of Services, E.B. v. Indiana Department of Child Services, 49A02-1306-JC-487.  

The judges also affirmed the admission of the telephonic testimony of John Martin. Martin worked at a California lab and analyzed E.B.’s drug test. His testimony regarding mother’s failed drug screen was harmless because it was merely cumulative of evidence already before the court. E.B. claimed he was allowed to testify by phone despite the court not following the procedure outlined in Indiana Administrative Rule 14.

 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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