In the Matter of: S.K., R.K., M.K., and A.K., Ja.K. (Father) and Je. K. (Mother) v. Ind. Dept. of Child Services
2016 Ind. App. LEXIS 268
| Ind. Ct. App. | 2016Background
- Parents (Father Ja.K. and Mother Je.K.) have four daughters; family experienced housing instability in early 2015 and children moved between parents and relatives.
- DCS received a report June 10, 2015 alleging Mother’s boyfriend used illegal drugs around the children; DCS investigator interviewed children and tested parents.
- Mother tested positive once for methamphetamine and twice for amphetamine over a four-day span; she admitted taking two Adderall the morning of the first test; subsequent weekly screens were negative.
- Children were removed June 19, 2015 and placed with maternal aunt and uncle; children remained enrolled in school and maintained above‑average grades.
- Juvenile court found children’s emotional condition "seriously endangered" by parents’ failure to provide shelter, education, and supervision, ordered CHINS adjudication; parents appealed.
Issues
| Issue | Plaintiff's Argument (DCS) | Defendant's Argument (Parents) | Held |
|---|---|---|---|
| Whether evidence supports CHINS adjudication under Ind. Code § 31-34-1-1 (serious endangerment due to parental inability/refusal/neglect; needs unmet and unlikely to be met without court coercion) | Parents’ housing instability, Mother’s positive drug tests while sole caregiver, school changes, and children’s emotional withdrawal evidence endangerment and need for court‑ordered counseling | Isolated drug use, no evidence children were exposed or deprived of shelter/education/supervision, parents sought housing and help; evidence insufficient to show serious endangerment or unwillingness to obtain counseling | Reversed: evidence insufficient to show children were CHINS; findings did not support serious endangerment or need for coercive intervention |
Key Cases Cited
- White v. State, 547 N.E.2d 831 (Ind. 1989) (parental, observable, ongoing drug use that exposed child supported serious endangerment)
- In re N.E., 919 N.E.2d 102 (Ind. 2010) (CHINS adjudication focuses on child's condition rather than parental culpability)
- In re S.D., 2 N.E.3d 1283 (Ind. 2014) (appellate review limited to evidence supporting trial court’s decision and reasonable inferences)
- In re A.C., 905 N.E.2d 456 (Ind. Ct. App. 2009) (review of findings vs. conclusions; clearly erroneous standard)
- In re L.P., 6 N.E.3d 1019 (Ind. Ct. App. 2014) (isolated methamphetamine use, without more, does not support CHINS)
- In re S.M., 45 N.E.3d 1252 (Ind. Ct. App. 2015) (economic hardship or housing instability alone does not make a CHINS)
- Fobar v. Vonderahe, 771 N.E.2d 57 (Ind. 2002) (appellate courts look past trial court labels to substance of findings and conclusions)