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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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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