Child in need of services
Appeals court affirms terminating mother’s parental rights
May 24, 2013
Jennifer NelsonA mother who was close to reunification with her three children, deemed children in need of services, until she battered her
fiancé in front of them had the termination of her parental rights affirmed by the Indiana Court of Appeals.
MoreEvidence does not support CHINS finding
April 30, 2013
Jennifer NelsonThe Indiana Court of Appeals reversed a trial court’s determination that an infant is a child in need of services after
finding the parents have improved their living situation that led to their three other children being removed.
MoreConcerns about CHINS petitions raised during budget hearings
March 28, 2013
Marilyn OdendahlAfter the Indiana Department of Child Services made its presentation to the Senate Appropriations Committee Thursday, the
discussion quickly turned to Child in Need of Services petitions.
MoreProsecutor can’t grant use immunity to parents of injured infant
March 28, 2013
Jennifer NelsonThe Indiana Supreme Court held Wednesday that a prosecutor can’t petition a court to compel a party to testify under
the grant of use immunity when the party is the primary target of the investigation and has invoked his constitutional right
against self-incrimination if no charges have been filed or a grand jury proceeding hasn’t been initiated.
MoreMother not denied due process by not having appointed counsel in CHINS case
March 28, 2013
Jennifer NelsonWhile disappointed that a trial court did not follow through with the appointment of counsel for a mother regarding a child
in need of services action, any error in that failure was harmless, the Indiana Court of Appeals ruled Thursday. It upheld
the termination of mother J.A.’s parental rights to her son G.P.
MoreHouse Committee approves CHINS bill returning power to prosecuting attorneys
March 13, 2013
Marilyn OdendahlA bill giving prosecuting attorneys the ability to file a Child in Need of Services petition continues to garner strong support
in the Indiana General Assembly.
MoreBills on magistrates; custody and visitation pass House
February 21, 2013
IL StaffThe Indiana House of Representatives passed House Bill 1041 Thursday morning 96-0. The bill addresses petitions to modify
custody and visitation involving children who have been abused or neglected.
MoreCourt reverses DCS order requiring mother to take prescribed meds
February 20, 2013
Jennifer NelsonA mother whose child was adjudicated as child in need of services won a partial victory before the Indiana Court of Appeals
Wednesday.
MoreIndiana GAL/CASA program gets national grant
December 12, 2012
IL StaffIndiana’s State Office of the GAL/CASA has been awarded a $40,000 grant from the National Court Appointed Special Advocate
Association. The money will be used to support local programs that provide volunteer advocacy for abused and neglected children
in Indiana.
MoreDCS launching pilot to address children with mental health issues
September 18, 2012
Jennifer NelsonThe Department of Child Services announced Monday that it will fund a two-month pilot program that will utilize local services
to provide help for juveniles with mental health issues.
MoreAppeals court reverses termination of father’s rights
September 11, 2012
Dave StaffordThe Department of Child Services failed to prove that a father’s children were removed for cause required under state
statute, and the trial court erred in terminating the parental rights of the Dearborn County man.
MoreMom’s progress leads court to reverse termination
August 13, 2012
Dave StaffordA Grant County mother who lost parental rights to twin children won a reversal of the termination order after the Indiana
Court of Appeals noted her progress in areas of concern to the Department of Child Services.
MoreJudges reverse CHINS determination
June 13, 2012
Jennifer NelsonThe 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.
MoreLegislature announces summer study committees
May 24, 2012
Jennifer NelsonThe Legislative Council of the Indiana General Assembly has assigned the study topics various committees will examine this
summer and fall. Some of the areas include creating a centralized department of administrative law judges and review of various
Department of Child Services practices.
MoreAppeals court reverses DCS judgment of CHINS
May 22, 2012
Dave StaffordA 16-year-old Indianapolis girl was improperly adjudicated a child in need of services, and her mother should not have been
subject to Department of Child Services oversight, the Indiana Court of Appeals ruled Tuesday.
MoreCourts not responsible to find person named in subpoena
April 27, 2012
Jennifer NelsonIt is not up to the court to find someone named in a subpoena if the person requesting it doesn’t know where to send
the subpoena, the Indiana Court of Appeals ruled. That argument was being made by an incarcerated father appealing a determination
that his child is in need of services.
MoreOn rehearing, COA affirms original opinion
February 14, 2012
Jenny MontgomeryOn petition for rehearing, the state Department of Child Services claims that the appellate court imposed an undue burden
upon the agency by recognizing that DCS has to make a prima facie showing regarding current conditions before the parent is
obliged to come forward with evidence.
MoreA decade of court data is revealed
January 4, 2012
Michael HoskinsFigures in the latest Judicial Service Report show near record-level filings continue and that the state needs more judges.
MoreGuidance offered on incarcerated parents' attendance at termination hearings
October 11, 2011
Michael HoskinsScolding the Indiana Department of Child Services for how it handled a parental termination case, the Indiana Supreme Court
has found an incarcerated mother’s due process rights were not violated when she did not receive adequate notice about
pending proceedings that would affect her rights as a parent or when she was not allowed to attend the hearings.
MoreCourt: CHINS fact-finding hearing required by due process
September 28, 2011
Michael HoskinsThe Indiana Court of Appeals disagrees with the state Department of Child Services that fact-finding and dispositional hearings
in a child in need of services case are interchangeable. The appellate panel has ruled a Marion County father’s due
process rights were denied because he didn’t receive the opportunity for a fact-finding hearing.
MoreIndiana makes gains in permanent placement
September 14, 2011
Jenny MontgomeryThe state sees improvement, but aims to do better.
MoreMeth use linked to increase in CHINS
August 31, 2011
Jenny MontgomeryLeslie Dunn, Indiana state director for GAL/CASA, said the number of Child in Need of Services cases over time remains stable,
but she’s seen some remarkable variations in cases per-county from year to year. In Vanderburgh County, for example,
new CHINS cases jumped from 448 in 2008 to 818 in 2010. People who are watching these numbers with concern cite several possible
reasons for these variations.
MoreRising CHINS cases cause concern
August 17, 2011
Jenny MontgomerySouthern Indiana counties struggle with increase in child abuse cases.
MoreIndiana Supreme Court takes 3 cases; denies 27
July 11, 2011
Jennifer NelsonThe state’s highest court has granted transfer to three cases, including one in which they vacated the Indiana Court
of Appeals decision and sent it back to the appellate court.
MoreCOA: Judge can cite statutes and facts not in CHINS petition
July 6, 2011
Michael HoskinsThe Indiana Court of Appeals has found that a Hendricks Superior judge didn’t step outside his authority when referencing
statutes and facts not specifically cited in a Department of Child Services petition alleging two minor boys were Children
in Need of Services.
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Court Calendar
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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June 18, 2013 State of Indiana v. Robert Owens - 6/18/13
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June 18, 2013 Winston K. Wood v. State of Indiana - 6/18/13
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Never heard of remand to another state. How often does that happen?
I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.