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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. @BryanJBrown, You are totally correct. I have no words, you nailed it.....

  2. You have not overstated the reality of the present situation. The government inquisitor in my case, who demanded that I, on the record, to choose between obedience to God's law or man's law, remains on the BLE, even an officer of the BLE, and was recently renewed in her contract for another four years. She has a long history in advancing LGBQT rights. http://www.realjock.com/article/1071 THINK WITH ME: What if a currently serving BLE officer or analogous court official (ie discplinary officer) asked an atheist to affirm the Existence, or demanded a transsexual to undergo a mental evaluation to probe his/her alleged mindcrime? That would end a career. The double standard is glaring, see the troubling question used to ban me for life from the Ind bar right here: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners (see page 8 of 21) Again, what if I had been a homosexual rights activist before law school rather than a prolife activist? A gay rights activist after law school admitted to the SCOTUS and Kansas since 1996, without discipline? A homosexual rights activist who had argued before half the federal appellate courts in the country? I am pretty certain that had I been that LGBQT activist, and not a pro-life activist, my passing of the Indiana bar exam would have rendered me an Indiana attorney .... rather than forever banished. So yes, there is a glaring double standard. And some are even beyond the reach of constitutional and statutory protections. I was.

  3. Historically speaking pagans devalue children and worship animals. How close are we? Consider the ruling above plus today's tidbit from the politically correct high Court: http://indianacourts.us/times/2016/12/are-you-asking-the-right-questions-intimate-partner-violence-and-pet-abuse/

  4. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  5. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

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