In the Matter of V.H. J.H. v. Indiana Dept. of Child Services
2012 Ind. App. LEXIS 237
| Ind. Ct. App. | 2012Background
- Mother is a single parent with two daughters; V.H. (16) and I.H. (17) with V.H. having behavioral issues and an IEP under IDEA; DCS investigated after two incidents where V.H. physically assaulted Mother, who outweighed by ~30 pounds; DCS petitioned CHINS alleging neglect; CHINS factfinding found V.H. was CHINS and ordered services; Mother argued no abuse/neglect and services unrelated to CHINS; appeal challenges CHINS adjudication and the participation decree; appellate court reversed adjudication and vacated participation decree.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether V.H. was a CHINS under I.C. 31-34-1-1. | Mother argues no neglect/need for coercive intervention. | DCS asserts V.H.’s condition requires court-ordered care. | CHINS adjudication reversed; no coercive intervention needed. |
| Whether the participation decree orders were improper boilerplate and unrelated to CHINS. | Participation terms were unrelated to CHINS and boilerplate. | DCS recommended standard services. | Participation decree vacated; boilerplate and unrelated terms rejected. |
| Whether the transcript from the factfinding hearing affected dispositional rulings. | Transcript could influence dispositional recommendations. | Transcript not necessary for standard services. | Procedural error merited vacating participation order; transcript relevant. |
Key Cases Cited
- In re T.H., 856 N.E.2d 1247 (Ind. Ct. App. 2006) (due process protections in CHINS cases while allowing state intervention)
- In re N.E., 919 N.E.2d 102 (Ind. 2010) (CHINS standard: need for care and coercive intervention when necessary)
- In re A.H., 913 N.E.2d 303 (Ind. Ct. App. 2009) (intervention justified without tragedy; timing of court involvement)
- Parmeter v. Cass Cnty. Dep’t of Child Servs., 878 N.E.2d 444 (Ind. Ct. App. 2007) (two-tier review; deference to facts but not to law)
- A.C. v. Marion County Dep’t of Child Servs., 905 N.E.2d 456 (Ind. Ct. App. 2009) (boilerplate requirements cannot be unsupported by evidence)