COA: History of domestic violence in home supports CHINS adjudication
A mother who has been both a “victim and perpetrator” of domestic violence has failed to convince the Court of Appeals of Indiana that her children aren’t CHINS.
Child in need of services
Articles
COA upholds murder convictions, 100-year sentence for teen convicted in siblings’ suffocation deaths
An Indiana teen convicted in adult court of killing two of his younger siblings has failed to convince the Court of Appeals of Indiana to toss his murder convictions or his 100-year sentence.
2 counties piloting framework focused on child welfare
LaPorte and Tippecanoe counties are piloting a National Center for State Courts project called “Upstream,” a framework which aims to prevent child maltreatment and out-of-home placement, reduce court involvement, and support safe and healthy families.
Divided COA reverses CHINS adjudications
A split appellate panel has reversed two child in need of services adjudications, finding a trial court’s decision was clearly erroneous. However, a lone judge dissented, opining that the Department of Child Services met its burden of proof.
COA affirms removal of transgender teen from home, rejects parents’ constitutional claims
A mother and father whose transgender teen was removed from their home due to allegations of abuse has failed to convince the Court of Appeals of Indiana that their rights as parents were infringed upon when the court intervened.
Foster parents can sue DCS, but not case manager, COA rules
Foster parents whose efforts to adopt two foster children fell through can proceed with their negligence and defamation claims against the Indiana Department of Child Services, but not against a DCS caseworker, the Court of Appeals of Indiana has ruled.
COA affirms CHINS adjudication for out-of-state, traveling children
A West Virginia mother whose children were taken into emergency custody in Indiana could not convince the Court of Appeals of Indiana that the adjudication of her kids as children in need of services was the wrong decision.
Father who tried to attend online CHINS hearing in person secures COA reversal
A Marion County father who mistakenly tried to attend a child in need of services hearing in person instead of online shouldn’t have been denied a new factfinding hearing, the Court of Appeals of Indiana has ruled.
COA: Evidentiary issue not yet ripe for appeal
An Indiana man who wanted the jury to know about a trial court’s order tossing a CHINS petition has been told by the Court of Appeals of Indiana to come back after his case has been tried.
DCS caseworkers who allegedly threatened parents with CHINS case must face civil suit, 7th Circuit rules
Two DCS caseworkers who allegedly threatened a couple with a CHINS proceeding if they did not submit their child to a blood draw must face the parents’ civil lawsuit, the 7th Circuit Court of Appeals has ruled, overturning a lower court finding that the caseworkers were protected by qualified immunity.
Split COA reverses CHINS determination despite mother’s mental illness
A mother with a history of mental illness and trouble with the law will regain custody of her children after a split panel of the Court of Appeals of Indiana determined there was insufficient evidence to prove her kids were CHINS. But a dissenting judge expressed concern about the children incurring their mother’s “wrath” if left in her care.
Family sues state over DCS case manager’s criminal conduct, wants $2.75M settlement approved
A Wabash couple who had reached a $2.75 million settlement after an Indiana Department of Child Services family case manager was found to have made false allegations of abuse and neglect is now suing the state for not approving the settlement agreement.
COA finds unavailability of ‘essential witnesses’ key to delay in CHINS case
The Court of Appeals of Indiana has found a juvenile court that reset four times a factfinding hearing for a CHINS petition and, consequently, exceeded the 120-day statutory deadline did not abuse its discretion because the Indiana Department of Child Services needed extra time to procure the testimony of two physicians.
Senator bucks legislative leadership, announces study of direct representation for kids in CHINS, TPR cases
Although the Legislative Council rejected a request to study the topic of providing attorneys to children in the child welfare system, Indiana state Sen. Jon Ford plans to keep pushing the matter by convening an independent study group to examine the issue.
7th Circuit dismisses CHINS lawsuit challenging Indiana’s foster care system
The 7th Circuit Court of Appeals has dismissed a lawsuit pushing for better treatment of children in Indiana’s foster care system, finding it difficult to determine what options for relief are open to a federal court but closed to a CHINS court.
COA: Trial court had ‘good cause’ for failing to meet 120-day deadline in CHINS case
Because a mother remained quiet in a CHINS hearing, the Court of Appeals of Indiana has affirmed that the trial court had good cause for failing to hold a factfinding hearing within the statutorily required 120-day time frame.
Confusion, dismay over decision to close Family Recovery Court
The Marion Superior Court Executive Committee has announced the family recovery court, which started in 2010, will be closing at the end of the month. Dwindling participation along with concerns about how the program was being operated have been cited as among the reasons for the decision to stop. But stakeholders and graduates say the closure will have a devastating impact, rippling beyond the participants to their children and extended family members.
Child Advocates’ program provides model for direct representation
As the Legislature, agency stakeholders and foster parents restart the conversation about providing attorneys for children in child-in-need-of-services and termination of parental rights proceedings, the Child Advocates Direct Representation Program is an example of how direct representation works and what it can do.
COA affirms TPR for mother of chronically ill son
A trial court didn’t err when it terminated the parental rights of a mother to her chronically ill son after multiple attempts were made to remedy the situation, the Court of Appeals of Indiana has affirmed.
Couple facing TPR, felony charges for ‘biblical’ discipline suing DCS, using RFRA as defense
A southern Indiana couple facing both criminal charges and the termination of their parental rights due to allegations of unreasonable discipline against their children are seeking to use Indiana’s controversial Religious Freedom Restoration Act to end, or at least pause, the litigation against them.