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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. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  2. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  3. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

  4. This is easily remedied, and in a fashion that every church sacrificing incense for its 501c3 status and/or graveling for government grants should have no problem with ..... just add this statue, http://commons.wikimedia.org/wiki/File:Capitoline_she-wolf_Musei_Capitolini_MC1181.jpg entitled, "Jesus and Cousin John learn to suckle sustenance from the beloved Nanny State." Heckfire, the ACLU might even help move the statue in place then. And the art will certainly reflect our modern life, given the clergy's full-bellied willingness to accede to every whim of the new caesars. If any balk, just threaten to take away their government milk … they will quiet down straightaway, I assure you. Few, if any of them, are willing to cross the ruling elite as did the real J&J

  5. Tina has left the building.

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