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Judges reverse CHINS determination

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The Indiana Court of Appeals reversed the determination that a brother and sister are children in need of services, finding there was “simply no evidence” to support the finding.

In In Re the Matter of: B.N. and H.C., Children in Need of Services; M.C. v. Marion Co. Dept. of Child Services and Child Advocates, Inc., No. 49A02-1110-JC-1025, mother M.C. challenged the finding that her children B.N. and H.C. are in need of services. After being stopped by police in May 2011, police found oxycodone, Xanax and marijuana in M.C.’s car. Her son B.N. was in the backseat. Her driver’s license was suspended at the time. She was charged with possession of a controlled substance and possession of marijuana. The Department of Child Services took custody of her two children and later filed a petition that they were CHINS under Indiana Code 31-34-1-1, which says that a child is a CHINS if the “child’s physical or mental condition is seriously impaired or seriously endangered as a result of the inability, refusal, or neglect of the child’s parent, guardian, or custodian to supply the child with necessary food, clothing, shelter, medical care, education, or supervision.”

M.C. complied with voluntary drug screenings – testing negative each time – and presented current prescriptions to DCS for the oxycodone and Xanax, although she did not have a valid prescription for Xanax when she was arrested. DCS had been involved with M.C. and her oldest child several years prior based on claims of domestic violence committed by the children’s father. M.C. now has a protective order against the father.

The DCS case manager testified and the court found the children to be CHINS.

The Court of Appeals found the juvenile court’s findings that M.C. didn’t have a valid prescription for the oxycodone when she was arrested and hasn’t proven she is employed weren’t supported by the evidence. At the CHINS hearing, M.C. provided her valid prescription for oxycodone, and the case manager testified that M.C. provided her a letter showing she was employed.

The judges found that although M.C. was charged with possession of marijuana and admitted to using it in the past, she tested negative at each screening, had valid prescriptions for the oxycodone and wasn’t charged with any crime relating to the Xanax possession. She volunteered to participate in services; they weren’t mandatory per DCS and there is no evidence that her suspended license affects the condition of the children, wrote Judge Nancy Vaidik. There is no evidence that the children’s physical or mental conditions were seriously impaired or endangered by their mother.

 

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  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

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  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

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