In the Matter of D.T.T., A Child Alleged to be in Need of Services, M.T. v. Indiana Department of Child Services (mem. dec.), 79A02-1605-JC-1147

Child born May 5, 2007; parents are Mother (A.C.) and Father (M.T.).
Parents had a prior CHINS case that closed in October 2015; Mother had substance issues and parents had a history of domestic violence in Child’s presence.
December 13, 2015: police responded to a domestic disturbance at Father’s home; Mother had neck injuries and reported Father had strangled her and slammed her head in a car door; Child appeared panicked and reportedly was scratched on the neck.
Mother obtained a protective order naming herself and Child as protected persons but later lived with Father in violation of the order; DCS removed Child on January 22, 2016 and placed him with paternal relatives.
DCS filed a CHINS petition (Jan. 25, 2016); after hearings, the trial court adjudicated Child a CHINS (Apr. 25, 2016). Father appealed only the sufficiency of the evidence.

Issue	Plaintiff's Argument (DCS)	Defendant's Argument (Father)	Held
Whether evidence supports CHINS adjudication based on exposure to domestic violence and parental substance issues	DCS: Child’s physical/mental condition was seriously endangered by repeated domestic violence exposure and Mother’s substance abuse; coercive intervention is needed	Father: Exposure to domestic violence alone is insufficient; statute must be strictly construed and does not expressly list domestic violence	Court affirmed CHINS: evidence and findings support that Child was endangered and unlikely to receive needed care without court intervention

In re S.D., 2 N.E.3d 1283 (Ind. 2014) (standard for reviewing sufficiency and not reweighing evidence)
In re N.E., 919 N.E.2d 102 (Ind. 2010) (State must prove CHINS by a preponderance; focus on child’s condition)
N.L. v. Ind. Dep’t of Child Servs., 919 N.E.2d 102 (Ind. 2010) (purpose of CHINS is protective, not punitive)
K.B. v. Ind. Dep’t of Child Servs., 24 N.E.3d 997 (Ind. Ct. App. 2015) (exposure to domestic violence can support CHINS when child is endangered)
In re R.P., 949 N.E.2d 395 (Ind. Ct. App. 2011) (juvenile court may intervene before actual physical or emotional harm occurs if condition is endangered)
In re A.G., 6 N.E.3d 952 (Ind. Ct. App. 2014) (two-tiered review when trial court issues findings and conclusions)
In re T.S., 906 N.E.2d 801 (Ind. 2009) (procedural standards for reviewing findings and conclusions)