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Mom loses bid to bar DCS child interviews after clean home check

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A mother who challenged a court order granting the Department of Child Services’ petitions to interview her minor children lost her appeal Wednesday, despite her argument that a DCS inspection of her home and her screening found no evidence of drug abuse that had been alleged in a complaint.

“We conclude that Mother has failed to establish that the trial court erred in granting DCS’s Petitions to Interview Children or that she was denied due process,” Judge Elaine Brown wrote for the majority in In Re: The Matter of A.H., and S.H., Minor Children, V.H., Mother v. Indiana Department of Child Services, 10A01-1302-JM-93. “Accordingly, we affirm the ruling of the trial court.”

Mother V.H. said she wished to shield her children from false allegations that she suspected were made by the children’s father, who V.H. claimed had previously made false complaints against her.

DCS on Jan. 9 received a report that V.H. was using methamphetamine and heroin on a daily basis and selling drugs while her 4-, 6-, and 8-year-old children were at home. A DCS caseworker visited the home two days later and found no such evidence, and the mother passed a drug screen.

But V.H. declined to agree to allow the caseworker to interview the children about the drug allegations. She said subjecting the children to the interview was a violation of her 14th Amendment right to direct the upbringing of her children.
 
The trial court said the mother’s argument was compelling, but ultimately held, “In this case, [DCS] has a compelling interest, and has no other means to directly assess the conditions of these children without an interview.”

“While we recognize the fundamental right of a parent to raise her child without undue interference by the state, we cannot say that due process requires DCS to conduct an assessment or a portion of an assessment in order to obtain information which would provide a basis supporting the accuracy or reliability of the report, prior to interviewing the child or children,” Brown wrote in the majority opinion joined by Judge Cale Bradford.

“Indeed, an interview of the child or children as part of this initial evaluation may provide the information needed for DCS to classify a report as substantiated or unsubstantiated. We cannot say that legislation allowing DCS the ability to interview a child as part of the initial assessment and after obtaining a court order if necessary violates due process.”

In dissent, Judge Patricia Riley said she would consider the appeal moot since the trial court refused to stay the interviews pending appeal, and that the matter is of limited public import.

“In the absence of any evidence to the contrary, I must conclude that the children have been interviewed and no effective relief can be given to Mother,” Riley wrote.

“I conclude that the case does not present an issue of great public interest and, therefore, I would dismiss the appeal as moot.”
 

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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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