In the Matter of O.S. (Child), A Child in Need of Services and, R.S. (Mother) v. The Indiana Department of Child Services (mem. dec.), 32A05-1701-JC-50

O.S., born 2012, lived primarily with Mother (R.S.); Father (D.S.) admitted he molested O.S. and had sexual fantasies about children. Mother learned of Father's admissions but did not report them and continued to allow visits.
At age four O.S. had a severe speech delay; Mother had not arranged speech therapy prior to removal. After removal, paternal grandmother obtained speech therapy and counseling for O.S.
DCS removed O.S. from Mother's care in June 2016 and placed her with paternal grandmother. Father was later convicted of Level 4 child molesting and incarcerated.
DCS filed a CHINS petition alleging neglect, acts endangering the child’s health, and that the child was a sex-offense victim; Father admitted CHINS, Mother contested.
The trial court found O.S. a CHINS, concluding Mother failed to protect O.S., lacked stable housing and judgment (e.g., moving in with new partners), and would not obtain needed services without court intervention.
The court ordered Mother to complete parenting assessment, therapeutic visitations, home-based case management, counseling, and a neuropsychological evaluation; Mother appealed the CHINS finding.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence was sufficient to adjudicate O.S. a CHINS	Mother: she took steps to investigate and protect O.S. (questioned child, saw a doctor, called a hotline), cooperated with services, divorced Father, and would continue therapy; thus coercive intervention was unnecessary	DCS: Mother knew of molestation, allowed unsupervised contact and moved in with Father, failed to secure speech therapy, lacked stable housing/employment, and would not engage in services without court intervention	Court affirmed: evidence supports CHINS adjudication; coercive court intervention was necessary to secure services and protect O.S.

In re K.D., 962 N.E.2d 1249 (Ind. 2012) (standards DCS must meet to adjudicate a child a CHINS)
In re N.E., 919 N.E.2d 102 (Ind. 2010) (burden of proof and appellate review standards in CHINS proceedings)