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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. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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