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. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...