In the Matter of B.W. and A.K., Alleged to be Children in Need of Services, A.C. (Mother) v. Indiana Department of Child Services, 17 N.E.3d 299

Mother’s two children, A.K. (b. 2009) and B.W. (b. 2011), were adjudicated CHINS following injuries to B.W. indicating non-accidental trauma.
DCS filed CHINS petitions Oct. 24, 2011; a Guardian ad Litem was appointed and a parental participation plan (22 items) aimed at reunification was ordered.
Children were separated: B.W. placed with paternal aunt/uncle; A.K. placed with Father and grandmother in Ohio; concerns about honesty persisted.
By Feb. 2013, permanency plan continued services and reunification; DCS considered changing to termination but court kept reunification efforts ongoing.
By Oct. 29, 2013 a permanency hearing was held and Dec. 20, 2013 the court appointed guardians; the court found unresolved questions about B.W.’s injuries and expressed distrust of Mother’s explanations.
Mother had complied with all services and the CASA and therapists indicated a strong bond and safety in reunification, leading to appellate reversal to reunite with Mother.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether guardianship was properly awarded over the children	Mother argues no clear and convincing evidence supports guardianship	DCS argues guardianship necessary due to unresolved injuries and safety concerns	Abused discretion; reversed and remanded to reunite with Mother

In re Guardianship of B.H., 770 N.E.2d 283 (Ind. 2002) (strong presumption favoring natural parent; must be overcome by clear and convincing evidence of substantial benefit to child)
Oil Supply Co., Inc. v. Hires Parts Serv., Inc., 726 N.E.2d 246 (Ind. 2000) (deference to trial court; standard of review for custody decisions)
Chidester v. City of Hobart, 631 N.E.2d 908 (Ind. 1994) (finding support required; deferential review of trial court’s judgment)
Indianapolis Convention & Visitors Ass’n v. Indianapolis Newspapers, Inc., 577 N.E.2d 208 (Ind. 1991) (cited for standard of appellate review in civil judgments)
Bud Wolf Chevrolet, Inc. v. Robertson, 519 N.E.2d 135 (Ind. 1988) (standard for determining sufficiency of evidence–clear and convincing)