ILNews

High court to hear arguments on CHINS case

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The Indiana Supreme Court will hear arguments Thursday in a Marion County case dealing with whether a child can be determined in need of services with respect to one parent but not the other.

Set for 9 a.m., the arguments come in the case of In re The Matter of N.E.; N.L. v. Marion County Department of Child Services and Child Advocates, Inc., No. 49A02-0806-JV-522. The Marion Superior Juvenile Court ruled that N.E. was a Child In Need of Services, but the father, N.L., appealed the judgment, saying the evidence didn't support the girl was a CHINS with respect to him. An appellate panel on March 19, 2009, reversed and remanded, concluding that although the child was in need of services with respect to the mother, the juvenile court hadn't determined whether the father was willing and able to parent the child appropriately.

Judges Patricia Riley and Carr Darden, who made up the majority in the 2-1 decision, noted that due process is at stake in this case. Citing four-year-old precedent from In re J.Q., No. 836 N.E.2d 961 (Ind. Ct. App. 2005), they noted, "Specifically, we are concerned that procedural irregularities, like an absence of clear findings of fact, in a CHINS proceeding may be of such import that they deprive a parent of procedural due process with respect to a potential subsequent termination of parental rights.'"

In writing for the majority, Judge Riley did not say the father would automatically have custody but that the juvenile court should determine whether the father is willing and able to appropriately parent N.E. because that child is a CHINS with respect to mother.

Judge Nancy Vaidik dissented with her own eight-page opinion.

"I believe that a child is either a CHINS or is not a CHINS and that the DCS has met its burden of proving that N.E. is a CHINS," she wrote. "However, because I believe that the juvenile court's dispositional order falls short of the statutory requirements and therefore we do not know the court's reason for its disposition, I would remand this case for a new dispositional order in accordance with Indiana Code 31-34-19-10.

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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