In the Matter of: N.S. (Minor Child), Child in Need of Services, and C.S. (Father) v. The Indiana Department of Child Services (mem. dec.)
71A03-1603-JC-606
| Ind. Ct. App. | Nov 4, 2016Background
- Child born Nov. 20, 2012; reports of domestic violence between Father (C.S.) and Mother beginning at least April 2014 through May 2015. Child was present during several incidents.
- April 9, 2014 incident: Father allegedly threw Mother to the ground, threatened her with a lamp, tried to hit her with a broom, put arms around her neck; Child was screaming in the living room. Father pled guilty to misdemeanor intimidation for an April 22, 2014 charge.
- May 17, 2015 incident: Officers observed Father punching Mother’s brother; Mother reported threats to kill her and bruising; she feared leaving home and Child was present.
- Maternal grandmother testified Mother reported Father had a gun in spring 2015 while holding Child.
- Father has diagnosed schizophrenia and bipolar disorder; admitted medication problems and refused to participate in DCS informal adjustment services and other referrals (e.g., batterer’s program).
- DCS filed CHINS petition July 8, 2015; Child removed to grandmother’s care July 9, 2015. Trial court adjudicated Child a CHINS Feb. 2, 2016 and ordered psychological evaluation and batterer’s intervention; Father appeals claiming insufficient evidence.
Issues
| Issue | Father’s Argument | DCS’s Argument | Held |
|---|---|---|---|
| Whether evidence suffices to adjudicate Child a CHINS based on exposure to domestic violence and Father’s untreated mental illness/refusal of services | Father: Insufficient evidence that Child witnessed or was endangered by domestic violence; challenges that parents’ refusal and mental illness justify CHINS | DCS: Multiple incidents of domestic violence occurred with Child present; Father untreated, refused services, making court coercion necessary | Court: Affirmed. Evidence supported that Child was endangered, needs unmet, and needs unlikely to be remedied without court intervention |
| Whether specific factual findings (e.g., "multiple" incidents; gun present; confrontations in child’s presence) were unsupported | Father: Certain findings overstated or unsupported by record (e.g., only two incidents, Mother didn’t testify about gun) | DCS: Record contains testimony of multiple calls for police, police reports, maternal grandmother’s testimony, and Mother’s statements supporting each finding | Court: Findings supported. "Multiple" requires more than one; evidence showed more than two incidents and Child’s presence during incidents |
Key Cases Cited
- In re N.R., 919 N.E.2d 102 (Ind. 2010) (CHINS standard: preponderance and three elements required)
- In re K.D., 962 N.E.2d 1249 (Ind. 2012) (discussion of CHINS elements and appellate review)
- In re S.D., 2 N.E.3d 1283 (Ind. 2014) (interpretation of statute requiring endangerment, unmet needs, and need for coercion)
- In re E.M., 4 N.E.3d 636 (Ind. 2014) (effects of early childhood exposure to domestic violence)
- In re R.P., 949 N.E.2d 395 (Ind. Ct. App. 2011) (exposure to domestic violence can support CHINS finding)