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Judges affirm finding teen is a CHINS

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The Indiana Court of Appeals upheld the finding that a 17-year-old is a child in need of services, ruling that evidence of her drug test wasn't irrelevant and was properly admitted by the trial court.

Teenager S.W. argued the trial court erred by admitting evidence of her marijuana use and that the Miami County Department of Child Services didn't present sufficient evidence to prove she is a CHINS.

A police officer saw S.W. and her friend A.C. walking along a rural road 12 miles from S.W.'s home around 11 p.m. A.C.'s mother called police to report she had run away. The officer called S.W.'s parents but her father told the officer they weren't coming to get her and that the officer should deal with the situation.

S.W. spoke with a family case manager, who also couldn't get her parents to pick up the phone. S.W. admitted to previous drug use and abuse in the home and was placed in a temporary shelter. The trial court admitted evidence of S.W.'s positive drug test for marijuana over her objection at the fact-finding hearing and authorized the filing of a CHINS petition. The trial court eventually determined S.W. is a CHINS.

The appellate court upheld that finding in In the matter of S.W., a child in need of services v. Indiana Department of Child Services, No. 52A05-0910-JV-1005. S.W. argued she was illegally detained when the drug test was administered so it shouldn't have been admitted, but S.W. was never illegally detained. The police officer attempted to have her parents pick her up but they refused. The officer then called DCS and took S.W. to the police station to ensure her safety, wrote Judge Patricia Riley. At the time of the drug test, DCS had probable cause to believe S.W. was a CHINS due to lack of supervision by her parents and received an order for temporary custody.

The Court of Appeals also rejected S.W.'s argument that the evidence of the drug use is irrelevant.

"Although an adequately supervised teenager may find ways in which to experiment with illicit drugs, a child's drug use can be a direct product of a lack of parental supervision," which would be relevant to the CHINS proceedings, wrote Judge Riley.

The judges also found S.W. was provided notice that her drug use could be an issue. S.W. told the case manager that domestic violence, drug use and abuse continued to happen in her home following DCS' previous involvement with the family one year earlier, so that put her and her family on notice that drug use by anyone in the home could be an issue in the CHINS proceeding, wrote Judge Riley.

Her parents refused to pick S.W. up, didn't answer repeated phone calls, and didn't inquire about her whereabouts when she didn't return home that night. Based on her parents actions, and S.W.'s statement about the previous drug abuse and violence in the home, DCS presented sufficient evidence to prove by a preponderance of the evidence that S.W.'s physical or mental condition was seriously endangered by her parents' refusal or neglect to provide necessary supervision, wrote the judge.

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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