IN THE MATTER OF V.C. and J.C., Minor Children, N.C. (Mother) v. Indiana Department of Child Services (mem. dec.)
49A04-1708-JC-1877
| Ind. Ct. App. | Dec 14, 2017Background
- Parents are married; children V.C. (b. 2003) and Jo.C. (b. 2007). Father overdosed on heroin on Feb 19, 2017 and was found unresponsive in Jo.C.’s bed; he was hospitalized and recovered.
- DCS investigated and learned Father admitted past heroin and pill use and tested positive for opiates; Father volunteered to leave the home until he addressed his drug use.
- DCS filed CHINS petitions alleging children were endangered by Father’s drug use and Mother’s failure to identify and protect children from that use.
- At fact-finding, Father testified he did not live with the family and had not completed required treatment; Mother denied knowing of Father’s drug use, had not acknowledged the overdose, but said she would not allow Father back unless sober; she participated in court-ordered home-based therapy but disputed its necessity.
- The juvenile court adjudicated the children CHINS, ordered parental participation and treatment requirements for both parents, and required random drug screens and therapy for Father.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether DCS proved children were CHINS under I.C. §31-34-1-1 | DCS: Father used heroin in home, overdosed in child’s bed, has not sought treatment; Mother’s denial undermines her ability to protect children | Mother: Father does not live with children, volunteered to move out, she will not allow him to return while using, and her lack of full cooperation with therapist does not make children CHINS | Court: Affirmed CHINS adjudication — evidence showed father’s drug use in home and mother’s failure to acknowledge it supported finding children endangered and court intervention necessary |
| Whether trial court’s finding that Mother failed to protect children is supported | DCS: Mother allowed Father to remain in home after overdose and minimized risk | Mother: Finding is clearly erroneous; requests reweighing of evidence | Court: Finding supported by record; appellate court will not reweigh credibility; unchallenged findings stand |
| Whether Mother’s failure to cooperate with therapy alone justifies CHINS | DCS: Mother’s denial impeded therapy and indicated inability/refusal to protect children | Mother: CHINS cannot be based solely on failure to cooperate with therapist; cites In re T.H. and M.K. | Court: Not sole basis — adjudication rests on Father’s ongoing drug use in home plus Mother’s denial; distinguished cited cases |
| Whether any erroneous finding undermines judgment | Mother: Certain factual findings (e.g., picking Father up) do not support coercive intervention | DCS: Remaining valid findings are sufficient | Court: Even if a finding is erroneous, remaining findings support judgment; error would be harmless |
Key Cases Cited
- In re N.E., 919 N.E.2d 102 (Ind. 2010) (CHINS standard focuses on child’s condition and civil burden of proof)
- Parmeter v. Cass Cty. DCS, 878 N.E.2d 444 (Ind. Ct. App. 2007) (two-tiered review for findings and judgment in CHINS cases)
- In re T.H., 856 N.E.2d 1247 (Ind. Ct. App. 2006) (refusal to complete services does not automatically make a child a CHINS absent ongoing danger)
- M.K. v. Indiana DCS, 964 N.E.2d 240 (Ind. Ct. App. 2012) (reversed CHINS where underlying housing issues were resolved and reticence did not show ongoing endangerment)
- In re J.L., 919 N.E.2d 561 (Ind. Ct. App. 2009) (evidence of parental substance use in home can support CHINS adjudication)
- Curley v. Lake Cty. Bd. of Elections & Registration, 896 N.E.2d 24 (Ind. Ct. App. 2008) (an erroneous finding is harmless if remaining findings support the judgment)
- Madlem v. Arko, 592 N.E.2d 686 (Ind. 1992) (unchallenged trial court findings are accepted as correct)