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Mom’s one-time meth use does not support CHINS case

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A mother’s isolated use of methamphetamine by itself is insufficient to sustain a child in need of services finding, the Indiana Court of Appeals ruled Monday.

The case involves a Sullivan County mother of 6-year-old L.P. who Department of Child Services interviewed after a tip that the mother had used the drug. The mother tested positive after a voluntary screen. The child was placed with a relative, and DCS then began CHINS proceedings.

Mother voluntarily agreed to drug screens and provided 10 consecutive negative tests. Evidence also was presented that the child was well cared-for. Sullivan Superior Judge Robert E. Springer returned the child to the mother but determined the child to be in need of services. While commending mother for working and avoiding substance abuse, he wrote he agreed with DCS’ “zero tolerance” for meth, which he said had caused “tragic” effects in the southwestern Indiana county.

In In the Matter of: L.P., a Child Alleged to be a Child in Need of Services, K.K., Mother v. The Indiana Department of Child Services, 77A01-1310-JC-427, the panel reversed.

“We are mindful that ‘juvenile court judges are often faced with the challenge of balancing multiple factors and multiple voices in a CHINS case’ and ‘[t]he process of the CHINS proceeding focuses on the best interests of the child, rather than guilt or innocence as in a criminal proceeding,’” Judge L. Mark Bailey wrote for the panel, citing In re K.D., 962 N.E.2d at 1255.

“Although methamphetamine use may indeed be epidemic, here the relevant inquiry was whether L.P. was seriously impaired or endangered and in need of care and supervision unlikely to be provided without coercive intervention of the court. ... (T)he State proved a single use of methamphetamine; likewise, there is no suggestion that it took place in the presence of the child.

“... Mother thereafter voluntarily and consistently took drug screens with negative results. The factual finding of an isolated use of methamphetamine, without more, does not support the conclusion of law that L.P. was a CHINS,” the court held.

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  1. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

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  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  5. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

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