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
2014 Ind. App. LEXIS 145
| Ind. Ct. App. | 2014Background
- DCS visited Mother after a hotline about L.P. on June 14, 2013; Mother agreed to interview at DCS offices.
- On June 17, 2013, Mother submitted to an oral drug screen and tested positive for methamphetamine.
- L.P. was removed and placed with maternal great-grandmother, with ongoing DCS involvement.
- Over several weeks, Mother voluntarily submitted further drug screens; all but one were negative.
- At an August 7, 2013 fact-finding, case manager testified Mother had one positive and ten negative screens and L.P. appeared well-cared for.
- The juvenile court found L.P. to be a CHINS, based on Mother’s methamphetamine use and continued concerns about care and supervision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a single isolated meth use supports CHINS | Mother: Perrine controls; single use outside presence insufficient | State: epidemic context warrants CHINS despite isolation | Single isolated use not enough; reversed |
Key Cases Cited
- Perrine v. Marion County Office of Child Services, 866 N.E.2d 269 (Ind. Ct. App. 2007) (single use outside presence insufficient for CHINS)
- In re K.D., 962 N.E.2d 1249 (Ind. 2012) (three elements for CHINS; focus on serious impairment and coercive intervention)
- In re N.E., 919 N.E.2d 102 (Ind. 2010) (preponderance standard for CHINS; review of factual findings appellate)