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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. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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