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Father’s lack of parenting experience does not support CHINS finding

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The Indiana Court of Appeals reversed the adjudication of a toddler as a child in need of services after finding the Department of Child Services did not establish that the child’s father is unlikely to meet the child’s needs absent court intervention based on his lack of parenting experience and previous diagnosis of having post-traumatic stress disorder.

Father M.H. was on active duty in the military most of S.A.’s life and had only seen the child twice before CHINS proceedings were initiated. His paternity was not established until these proceedings began. M.H. never paid child support or provided anything for S.A.’s care while on active duty.

S.A. was removed from his mother’s care due to her drug use and adjudicated as a CHINS. S.A. lived with his maternal grandmother and stepfather at the time of the adjudication and remained in their care.

After his paternity was established, M.H. began spending time with his son and wanted to receive custody of the boy. He visited the child at the grandmother’s house, and while he was a little slow changing diapers and clothes on the child, he interacted well with him.

At a fact-finding hearing regarding S.A.’s CHINS status, the trial court criticized M.H. for not establishing paternity sooner and also referenced M.H.’s previous revelation to DCS that he had been diagnosed and treated for PTSD while on active duty. DCS and the court-appointed special advocate wanted the CHINS adjudication to continue, citing concerns about the boy’s unfamiliarity with his father and M.H.’s lack of prior parenting experience.

The trial judge continued with the adjudication, ordering M.H. to participate in services and submit documentation for his PTSD treatment or undergo a psychological evaluation.

In In the Matter of: S.A. (Minor Child), Child in Need of Services and M.H. (Father) v. The Indiana Department of Child Services, 49A02-1402-JC-74, the judges sua sponte addressed the CHINS proceeding and found father’s due process rights had been violated because by adjudicating the child as a CHINS prior to father’s fact-finding hearing, the father was deprived of a meaningful opportunity to be heard.

But they did not rely on that finding to reverse the adjudication. Instead, the judges cited insufficient evidence.

“DCS does not satisfy its burden of proof by simply highlighting Father’s shortcomings as a parent; rather, DCS must establish that Father is unlikely to meet the Child’s needs absent coercive court intervention. Neither the trial court’s findings nor the other evidence in the record supports such a conclusion. If it were sufficient for the purposes of CHINS adjudications that a parent has no prior parenting experience or training, then all new parents would necessarily be subject to DCS intervention,” Judge Patricia Riley wrote.

Father had resolved the allegations in the CHINS petition by the time of the fact-finding hearing. Also, his PTSD diagnosis was relied on by DCS as a post hoc justification, as it was not raised in the petition as a basis for DCS involvement.

“We find Father’s voluntary admission of his PTSD history to DCS and the CASA to be indicative of the fact that court intervention would not be necessary to compel Father into treatment,” she wrote.
 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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