In the Matter of K.P.G. (Minor Child), a Child in Need of Services, K.P. (Mother) v. The Indiana Department of Child Services, 99 N.E.3d 677

Background

DCS found Mother and 18-month-old K.P.G. at an Indianapolis Greyhound station after an ~18-hour layover; child appeared feverish, breathing rapidly, crying, and had a hospital band.
FCM Payne observed Mother largely nonresponsive to the child and, after noting the child’s labored breathing, took him to a children’s hospital where he was admitted and later underwent heart surgery.
Mother, a New Jersey resident, admitted the child had a known heart defect and that she was weaning off psychiatric medication and had not taken it for two months.
DCS filed a CHINS petition (March 16, 2017); Mother appeared in court and counsel entered an appearance but did not timely move to dismiss for lack of personal jurisdiction.
Mother filed a memorandum raising lack of personal jurisdiction 82 days after the petition; the trial court never ruled on that memorandum but adjudicated the child CHINS after a factfinding hearing and ordered services and foster placement.
Mother appealed, arguing lack of personal jurisdiction and insufficiency of evidence to support CHINS; the Court of Appeals affirmed.

Issues

Issue	Mother’s Argument	DCS’s Argument	Held
Whether the trial court had personal jurisdiction over Mother and child	Mother: Indiana lacked jurisdiction because she and child were New Jersey residents merely passing through on a bus layover	DCS: Mother appeared in court and by counsel and failed to timely raise jurisdictional defense under T.R. 12(B) — she waived it	Court: Waiver — Mother submitted to jurisdiction by appearing and by not timely moving; claim forfeited on appeal
Whether evidence supports CHINS adjudication (child seriously endangered/needs care)	Mother: Insufficient evidence; she was merely passing through Indiana and did not abandon or fail to plan for the child	DCS: Child’s serious medical needs plus Mother’s untreated mental illness and observed neglect endangered the child and indicate need for coercive court intervention	Court: Evidence sufficient — findings support CHINS based on child’s health, Mother’s mental instability, refusal/inconsistency of treatment, and failure to provide/seek care
Whether Mother’s mental health and refusal of services justified court coercion	Mother: Declined services; mental health did not equate to inability to parent or refusal of care	DCS: Mother admitted mental illness, was weaning off meds, declined referrals and lacked insight; court intervention necessary to ensure treatment for Mother and medical care for child	Court: Held intervention appropriate — Mother’s untreated illness and refusal of services made coercive intervention necessary
Applicability of precedent distinguishing transient layovers from CHINS findings	Mother: Relies on M.K. (transient out-of-state family) to argue similar factual insufficiency	DCS: Facts here differ — child’s medical emergency and Mother’s mental decline distinguish the cases	Court: Distinguished M.K.; facts here (medical emergency + untreated mental illness) support CHINS

Key Cases Cited

Boyer v. Smith, 42 N.E.3d 505 (Ind. 2015) (personal jurisdiction is a question of law reviewed de novo)
Heartland Res., Inc. v. Bedel, 903 N.E.2d 1004 (Ind. Ct. App. 2009) (party may waive lack of personal jurisdiction by appearing without timely objection)
In re Des.B., 2 N.E.3d 828 (Ind. Ct. App. 2014) (appellate deference to trial court credibility findings in CHINS review)
In re K.D., 962 N.E.2d 1249 (Ind. 2012) (standard for sufficiency review in CHINS cases)
In re R.P., 949 N.E.2d 395 (Ind. Ct. App. 2011) (two-tiered review where trial court issues findings and conclusions)
K.B. v. Ind. Dep’t of Child Servs., 24 N.E.3d 997 (Ind. Ct. App. 2015) (findings are clearly erroneous only when no evidence supports them)
In re N.E., 919 N.E.2d 102 (Ind. 2010) (CHINS statutory framework and focus on child’s condition)
M.K. v. Indiana Dep’t of Child Servs., 964 N.E.2d 240 (Ind. Ct. App. 2012) (reversed CHINS where transient layover and adequate parental planning negated finding of endangerment)