M.C. v. Marion County Department of Child Services, 2012 Ind. App. LEXIS 283

May 26, 2011, police found Mother with B.N. in her car; narcotics and marijuana in vehicle; driver's license suspended; DCS took custody of B.N. and H.C.
May 31, 2011, DCS filed CHINS petition alleging unsafe home due to drugs.
Mother underwent four drug screens June–July; tests were negative; children were returned to her care mid-July; fifth screen also negative.
October 17, 2011 fact-finding hearing; DCS presented arrest and prior DCS involvement (2007 domestic violence) and services offered but not completed.
Court found B.N. and H.C. to be CHINS based on various findings, including incomplete documentation (Finding 11).
Appellate court reversed, concluding evidence did not establish CHINS and Finding 11 was not supported by the record.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether CHINS under IC 31-34-1-1 was proven by the evidence	Mother argues evidence does not show serious impairment/endangerment from lack of basic needs	DCS contends evidence shows risk factors and failure to complete referrals justify CHINS	No; CHINS not proven
Whether Finding 11 (missing prescriptions, employment proof, etc.) was supported	Mother provided prescriptions and employment proof at trial; Finding 11 unreliable	DCS relied on records not fully corroborated at the time of finding	Not supported by the record
Whether the evidence showed initial impairment/endangerment to the children	Mother's prescription use and negative drug screens negate impairment	DCS alleged ongoing risk due to parental conduct and supervision issues	No substantial evidence of impairment/endangerment; CHINS reversed

In re N.E., 919 N.E.2d 102 (Ind. 2010) (preponderance standard in CHINS; review of findings required)
In re T.S., 881 N.E.2d 1110 (Ind. Ct. App. 2008) (two-tier review; evidence credibility not reassessed on appeal)
Bester v. Lake Cnty. Office of Family & Children, 839 N.E.2d 143 (Ind. 2005) (two-tier standard; findings must support judgment)