In the Matter of: R.S. (Minor Child), Child in Need of Services, and S.S. (Mother) & B.M. (Father) v. The Indiana Dept. of Child Services, 2013 Ind. App. LEXIS 202

DCS sought CHINS for newborn R.S. based on parents' history with S.S., A.M., and S.M. and prior termination orders.
R.S. was healthy at birth; drug tests were negative; no specific neglect alleged for R.S. at birth.
Parents previously lacked stable housing and finances and failed to complete court-ordered programs for prior children.
Trial court terminated parental rights to the three older children in March 2012 based in part on those prior issues.
DCS petitioned for CHINS for R.S. in May 2012, relying on family history rather than new facts about R.S.
The trial court adjudicated R.S. as a CHINS in June 2012, citing ongoing concerns about housing and supervision.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is there sufficient evidence R.S. is a CHINS?	Parents contend evidence shows no current risk to R.S.	DCS argues the prior history and risk factors support CHINS for R.S.	Insufficient evidence; CHINS reversed

In re T.H.I., 856 N.E.2d 1247 (Ind. Ct. App. 2006) (due process and parens patriae limits in CHINS)
In re N.E., 919 N.E.2d 102 (Ind. 2010) (CHINS focus on child's condition and necessity of services)
In re A.H., 913 N.E.2d 303 (Ind. Ct. App. 2009) (court may intervene before tragedy; purpose is protection of child)
In re A.H., 751 N.E.2d 690 (Ind. Ct. App. 2001) (burden of proof is by preponderance for CHINS)
Matter of D.T., 547 N.E.2d 278 (Ind. Ct. App. 1989) (CHINS may not be based solely on past conditions)
In re C.S., 863 N.E.2d 413 (Ind. Ct. App. 2007) (consider current situation; denial of denial of current risk)