CHINS: A P v. Indiana Department of Child Services

CourtIndiana Court of Appeals
DecidedJuly 3, 2025
Docket24A-JC-2557
StatusPublished

This text of CHINS: A P v. Indiana Department of Child Services (CHINS: A P v. Indiana Department of Child Services) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
CHINS: A P v. Indiana Department of Child Services, (Ind. Ct. App. 2025).

Opinion

IN THE

Court of Appeals of Indiana In re B.W. (Minor Child), Child in Need of Services A.P. (Mother) and C.W. (Father), FILED Appellants-Respondents Jul 03 2025, 9:12 am

CLERK Indiana Supreme Court v. Court of Appeals and Tax Court

Indiana Department of Child Services, Appellee-Petitioner

July 3, 2025 Court of Appeals Case No. 24A-JC-2557 Appeal from the Clark Circuit Court The Honorable Lisa G. Reger, Magistrate Trial Court Cause No. 10C04-2406-JC-000116

Opinion by Judge Felix Judge Foley concurs. Judge Mathias concurs in part and dissents in part, with separate opinion.

Court of Appeals of Indiana | Opinion 24A-JC-2557 | July 3, 2025 Page 1 of 17 Felix, Judge.

Statement of the Case [1] A.P. (“Mother”) reported ongoing domestic violence committed by C.W.

(“Father”) to the Indiana Department of Child Services (“DCS”). Specifically,

Mother alleged Father slapped her in the face, hit her with a folding chair,

cracked her windshield, broke her phone, and brandished a firearm. After

making her report to DCS, Mother took B.W. (“Child”) and left the home they

shared with Father. Despite the seriousness of the allegations, Mother and

Child returned home, prompting DCS to file a petition alleging Child was a

child in need of services (“CHINS”). The trial court adjudicated Child a

CHINS and entered a dispositional order removing Child from the home and

requiring Mother and Father to comply with certain requirements. Mother and

Father both appealed, and we consolidated their separate appeals. Mother and

Father raise the following issues for our review:

1. Whether the CHINS disposition was clearly erroneous; and 2. Whether the trial court abused its discretion by imposing its dispositional order.

[2] We affirm.

Facts and Procedural History [3] On December 27, 2019, Child was born to Mother and Father. On June 7,

2024, Mother and Child went to the Clark County DCS office to request help

because “[Mother] was being abused emotionally, financially and physically.”

Court of Appeals of Indiana | Opinion 24A-JC-2557 | July 3, 2025 Page 2 of 17 Tr. Vol. II at 23. Mother spoke with Family Case Manager (“FCM”) Peyton

Medley and alleged that Father “slapped her in the face in front of the Child . . .

cracked the windshield of [Mother’s] car with [Child] in the car . . . broke

[Mother’s] phone . . . [and] hit [Mother] in the head with a folding chair . . . .”

Id. at 24. Mother also claimed that, on June 6, Father brandished a firearm

during an argument between Mother and Father, and Child saw the firearm.

Mother and Child also reported concerns with Father’s excessive alcohol usage,

and, at the time of the factfinding hearing, Father had a pending criminal

charge for allegedly operating a vehicle while intoxicated while Child was a

passenger in the car. During the June 7 meeting, Child also “disclosed

Domestic Violence in the home,” Joint Appellant’s App. Vol. II at 39, so

Mother and FCM Medley discussed the need to keep Child safe, and Mother

made arrangements to stay with a family member.

[4] On or about June 16, Mother and Child returned to live with Father. After

learning of their return, DCS obtained emergency custody of Child. When

FCM Medley removed Child from the home, Mother “said thank you and

stated that the[y] needed help, her and [Father].” Tr. Vol. II at 76.

[5] During the initial hearing, Mother agreed that Child should remain outside of

her care. Mother and Father were offered services but declined to participate.

During the CHINS factfinding hearing, Mother testified that her June 7

statements to DCS were untrue and due to mental health issues and jealousy.

Mother denied Child witnessed any acts of domestic violence, and denied any

Court of Appeals of Indiana | Opinion 24A-JC-2557 | July 3, 2025 Page 3 of 17 domestic violence occurred in that last 12 months. However, Father’s

testimony paints a different picture:

Q: You and [Mother] argue sometimes?

A: Everybody does.

Q: During the times that you argue is [Child] present?

A: No.

Q: The child was never present during any . . .

A: Not majority of the time! ! [sic]

Q: Alright. Talk to me a little bit about that. When she is present, what

does that look like?

A: When she’s present, we don’t, I mean it’s not like the rest of arguing

where we’re throwing stuff or hitting each other or whatever . . . .

Tr. Vol. II at 67. This is not the first time Mother has made very specific claims

of vicious acts of domestic violence only to later recant her statements. For

instance, in 2020, Mother alleged that Father grabbed her by her hair, threw her

to the ground, and punched her in the face. Father was charged but not tried

for the incident after Mother recanted the allegation to the prosecutor’s office to

have the charges and no contact order dropped. During the June 7 meeting

with FCM Medley, Mother discussed the 2020 incident and, in regards to her

Court of Appeals of Indiana | Opinion 24A-JC-2557 | July 3, 2025 Page 4 of 17 recanting, admitted that she “lied to have the no contact order dropped.” Id. at

26.

[6] On September 6, the trial court determined Child was a CHINS. The trial

court’s decision included 28 findings concerning Father’s criminal history,

domestic violence between the Mother and Father (collectively, “Parents”), and

the Parents’ drug and alcohol use. Significantly, the trial court found that

“Mother’s return to the home places [Child] at unacceptable risk of witnessing

further domestic violence.” Joint Appellant’s App. Vol. II at 68. This appeal

followed. 1

Discussion and Decision 1. The Trial Court Did Not Clearly Err by Adjudicating Child a CHINS under Indiana Code Section 31-34-1-1

[7] Mother and Father challenge the CHINS determination under Indiana Code

section 31-34-1-1. That section provides that in order to adjudicate a child a

CHINS thereunder, DCS must prove by a preponderance of the evidence that

(1) the child’s physical or mental condition is seriously impaired or seriously endangered as a result of the inability, refusal, or neglect of the child’s parent, guardian, or custodian to supply the child with necessary food, clothing, shelter, medical care, education, or supervision:

1 Mother and Father filed separate appeals. Father filed a Motion to Consolidate these appeals, and the Motion was granted.

Court of Appeals of Indiana | Opinion 24A-JC-2557 | July 3, 2025 Page 5 of 17 (A) when the parent, guardian, or custodian is financially able to do so; or

(B) due to the failure, refusal, or inability of the parent, guardian, or custodian to seek financial or other reasonable means to do so; and

(2) the child needs care, treatment, or rehabilitation that:

(A) the child is not receiving; and

(B) is unlikely to be provided or accepted without the coercive intervention of the court.

Ind. Code § 31-34-1-1. Although there is “a certain implication of parental fault

in many CHINS adjudications, the truth of the matter is that a CHINS

adjudication is simply that—a determination that a child is in need of services.

Standing alone, a CHINS adjudication does not establish culpability on the part

of a particular parent.” In re N.E., 919 N.E.2d 102, 105 (Ind. 2010).

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