FILED Feb 11 2026, 9:56 am
CLERK Indiana Supreme Court Court of Appeals and Tax Court
IN THE
Court of Appeals of Indiana In the Matter of V.H., A Child Alleged to be in Need of Services K.W. (Mother), Appellant-Respondent
v.
Indiana Department of Child Services, Appellee-Petitioner
February 11, 2026 Court of Appeals Case No. 25A-JC-1805 Appeal from the La Porte Circuit Court The Honorable Erika Stallworth, Magistrate Trial Court Cause No. 46C01-2502-JC-36
Court of Appeals of Indiana | Opinion 25A-JC-1805 | February 11, 2026 Page 1 of 19 Opinion by Judge Vaidik Judges Mathias and Pyle concur.
Vaidik, Judge.
Case Summary [1] When the Department of Child Services (DCS) alleges that a child is a child in
need of services (CHINS), it generally must prove the allegations by a
preponderance of the evidence. But in cases where a child has injuries
suggesting neglect or abuse, the Presumption Statute, Indiana Code section 31-
34-12-4, enables DCS to raise a rebuttable presumption that the child is a
CHINS because of an act or omission of the child’s parent, guardian, or
custodian. To raise the presumption, DCS must show that the child’s parent,
guardian, or custodian had (or had legal responsibility for) the care, custody, or
control of the child at the time the child was injured; the injury wouldn’t
ordinarily be sustained except for the act or omission of a parent, guardian, or
custodian; and there is a reasonable probability that the injury wasn’t
accidental. Once DCS makes these showings, the burden shifts to the parent,
guardian, or custodian to rebut the presumption that the child is a CHINS.
[2] After finding that DCS raised the presumption that V.H. (“Child”) is a CHINS
and that Child’s parents failed to rebut the presumption, the trial court
adjudicated Child to be a CHINS. K.W. (“Mother”) now appeals, arguing that
the trial court erred in allowing certain testimony at the fact-finding hearing and
Court of Appeals of Indiana | Opinion 25A-JC-1805 | February 11, 2026 Page 2 of 19 that there is insufficient evidence to support the CHINS adjudication because
the evidence doesn’t show that she abused or neglected Child. But the
Presumption Statute doesn’t require DCS to prove that a parent abused or
neglected their child. To raise the rebuttable presumption that a child is a
CHINS because of an act or omission of their parent, guardian, or custodian,
DCS need only produce competent evidence of probative value tending to
establish the elements of the Presumption Statute. DCS did so here. Because
Mother failed to rebut the presumption, and because the trial court didn’t err in
allowing the challenged testimony, we affirm.
Facts and Procedural History [3] Mother and K.H. (“Father”) (collectively, “Parents”) are the parents of Child,
who was born in December 2024. Parents lived together with Child, and Father
had parenting time with his three other children at the home on Saturdays.
Mother’s mother (“Grandmother”) babysat Child while Parents were at work.
On January 28, 2025, Mother took Child to see nurse practitioner Meredith
Krogh, who’d been treating Child since birth, because Child had been spitting
up more than normal for several days. Nurse Practitioner Krogh diagnosed
Child with gastroesophageal reflux disease, but Child exhibited no signs of any
other illness or injuries.
[4] On February 3, Grandmother was watching seven-week-old Child and noticed
that her left thigh was stiff and swollen. Mother left work and took Child to the
hospital, where Grandmother later joined her. Emergency physician Dr.
Court of Appeals of Indiana | Opinion 25A-JC-1805 | February 11, 2026 Page 3 of 19 Michael Westfall ordered an X-ray, which showed an acute fracture in Child’s
left femur. Believing the injury to have been caused by some sort of trauma, Dr.
Westfall made a report of possible physical abuse to DCS. When DCS and Dr.
Westfall asked Mother and Grandmother if they knew how Child was injured,
“[t]hey both stated they ha[d] no idea.” Tr. p. 10. Due to Child’s age and the
lack of an explanation for her injury, she was transferred to Riley Hospital for
Children for further treatment.
[5] The Child Protection Team at Riley performed additional diagnostic testing
and imaging. The results confirmed Child’s acute left femur fracture and also
revealed a left tibia and fibula corner fracture, an acute left humerus fracture, a
thin subdural hematoma, a possible retroperitoneal hematoma in her abdomen,
soft-tissue swelling on her scalp, and healing posterior left rib fractures. Child’s
test results and physical examination revealed no health issues or conditions
that would make her more susceptible to these injuries. Because some of the
injuries were acute while others were healing, the Riley team was concerned
that Child may have been injured on multiple occasions.
[6] Although Mother initially said she had “no idea” how Child’s injuries occurred,
she later reported that an eight-to-ten-pound dog had jumped on Child on
February 1. Given the extent and varied healing stages of Child’s injuries, the
Riley team didn’t find this to be a plausible explanation. Parents later disclosed
that, also on February 1, they’d left Child alone with Father’s seven-year-old
child for three to five minutes while they carried groceries into the house. They
suggested that the seven-year-old could’ve inflicted Child’s injuries because that
Court of Appeals of Indiana | Opinion 25A-JC-1805 | February 11, 2026 Page 4 of 19 child has “violent tendencies.” Id. at 127. The Riley team also found this to be
implausible because Child’s injuries were sustained on at least two occasions,
and a seven-year-old likely wouldn’t be able to inflict the level of force needed
to cause those injuries. The team concluded that Child’s injuries “were inflicted
injuries that coincide with physical abuse” and were “most consistent with non-
accidental trauma.” Id. at 11, 85. DCS removed Child and put her in relative
placement, where she has since remained. Mother and Father were later
charged with Level 3 felony domestic battery and Level 3 felony neglect of a
dependent due to Child’s injuries. 1
[7] On February 6, DCS filed a petition alleging that Child is a CHINS. Parents
denied the allegations, and the trial court set a fact-finding hearing for June 23.
In preparation, Mother’s attorney issued a subpoena duces tecum to nurse
practitioner Barbara Beatty, a member of Riley’s Child Protection Team who
treated Child. The subpoena ordered Nurse Practitioner Beatty to produce for
inspection or provide copies of (among other things) “[n]otes relied upon in
treatment of [Child]” and “[d]ocuments in any form . . . resulting from, or
relied upon in interviews, discussions, or conversations with any other
employee of Riley Hospital for Children, any Law Enforcement Officer, or any
DCS employee, in connection with the investigation of [Child.]” Appellant’s
App. Vol. 2 p. 76. Riley’s legal department advised Mother’s counsel that he
needed to submit an affidavit stating that the records would only be used for
1 Mother’s criminal trial is set for May 2026. Trial has not yet been scheduled in Father’s criminal case.
Court of Appeals of Indiana | Opinion 25A-JC-1805 | February 11, 2026 Page 5 of 19 court proceedings. Counsel did so and then received a response to the
subpoena, “but the response did not include any of the medical information,
any of the images.” Tr. p. 79.
[8] Nurse Practitioner Beatty testified as an expert at the fact-finding hearing.
When she began describing the results of Child’s imaging at Riley, Mother’s
counsel made a hearsay objection on the ground that Nurse Practitioner Beatty
was referring to out-of-court statements in Child’s medical records, specifically
records that weren’t provided in response to his subpoena. Counsel noted that
without Child’s imaging records, Mother’s expert couldn’t reach his own
conclusions on what the imaging showed. DCS responded that, as an expert,
Nurse Practitioner Beatty could rely on hearsay evidence in formulating her
opinions. DCS added that Mother should’ve raised the production issue before
the fact-finding hearing, not in the middle of it. The court overruled Mother’s
objection, finding that Nurse Practitioner Beatty qualified as an expert and
therefore could base her opinions on the imaging.
[9] Nurse Practitioner Beatty testified that Child’s injuries “would have been
caused by some type of excessive force that, had it been seen by a reasonable
caregiver, would have been noticed as excessive force.” Id. at 89. She explained
that a tibia and fibula corner fracture is usually caused by “a violent yank and
twist of that extremity” and that posterior rib fractures are “highly concerning
for non-accidental trauma,” often “a squeezing of the chest or rib cage.” Id. at
82, 87. While Child’s subdural hematoma could’ve been birth-related, Nurse
Practitioner Beatty noted that if it was, she’d expect it to be completely healed
Court of Appeals of Indiana | Opinion 25A-JC-1805 | February 11, 2026 Page 6 of 19 after seven weeks. She opined that Parents’ explanations that an eight-to-ten-
pound dog or Father’s seven-year-old child caused Child’s injuries weren’t
plausible given the extent and various ages of the injuries.
[10] Dr. Westfall testified that it’s “highly unlikely” that a fracture like the one in
Child’s left femur “happens under any other circumstance besides some
trauma.” Id. at 61. He explained that because children around six weeks old
have minimal mobility, “the opportunity to invoke a trauma by the patient itself
is highly unlikely.” Id. at 62. Family Case Manager (FCM) Gabrielle Winslett
testified that given the lack of any apparent injuries at Child’s appointment with
Nurse Practitioner Krogh on January 28, DCS concluded that Child likely
sustained her acute injuries after that appointment. Based on the caregiving
timeline Parents provided, FCM Winslett determined that from Child’s January
28 appointment to her February 3 hospitalization, the only adults responsible
for her care were Mother, Father, and Grandmother. FCM Winslett also noted
that Father has a history of domestic violence including a conviction for battery
against his ex-girlfriend.
[11] Dr. Stephen Guertin, a physician specializing in child abuse, testified as
Mother’s expert. Dr. Guertin opined that, based on the combination of Child’s
injuries and the various stages of healing, “this is an abused child.” Id. at 175.
But he noted that his opinion was limited because he was given only “a
summary of what the findings were at Riley,” not the imaging, lab results, or
physician notes. Id. at 174. Dr. Guertin also testified that the biggest risk factor
for child abuse is a history of domestic violence, and between 30 and 65% of
Court of Appeals of Indiana | Opinion 25A-JC-1805 | February 11, 2026 Page 7 of 19 children living with someone who has committed domestic violence will be
abused. Father didn’t present any evidence of his own and, after all parties
rested, admitted that Child is a CHINS. (Father doesn’t participate in this
appeal.)
[12] After the hearing, the trial court adjudicated Child to be a CHINS. The court
also issued a dispositional order setting forth various requirements for Parents.
[13] Mother now appeals.
Discussion and Decision I. The trial court did not abuse its discretion in allowing Nurse Practitioner Beatty’s testimony [14] Mother first argues that the trial court erred in allowing Nurse Practitioner
Beatty to testify about the results of Child’s imaging at Riley. We review a trial
court’s decision on the admission or exclusion of evidence for an abuse of
discretion. In re Des.B., 2 N.E.3d 828, 834 (Ind. Ct. App. 2014). A trial court
abuses its discretion only if its decision is clearly against the logic and effect of
the facts and circumstances before it. Id.
[15] The parties agree that Nurse Practitioner Beatty was an expert witness. Under
Indiana Evidence Rule 703, “[e]xperts may testify to opinions based on
inadmissible evidence, provided that it is of the type reasonably relied upon by
experts in the field.” Mother doesn’t dispute that, as an expert, Nurse
Practitioner Beatty was permitted to testify about otherwise inadmissible
Court of Appeals of Indiana | Opinion 25A-JC-1805 | February 11, 2026 Page 8 of 19 hearsay evidence. But Mother argues that Nurse Practitioner Beatty shouldn’t
have been allowed to testify about what Child’s imaging showed because she
failed to produce the imaging records in response to Mother’s subpoena,
preventing Dr. Guertin from forming his own opinion on the records. 2
[16] We aren’t convinced by Mother’s claim that Nurse Practitioner Beatty failed to
comply with her subpoena. In arguing that Nurse Practitioner Beatty was
required to produce Child’s imaging records, Mother points to the following
requests in her subpoena:
5. Notes relied upon in treatment of [Child];
6. Documents in any form whatsoever, including but not limited to meeting notes, emails, text messages, and voicemails, resulting from, or relied upon in interviews, discussions, or conversations with any other employee of Riley Hospital for Children, any Law Enforcement Officer, or any DCS employee, in connection with the investigation of [Child.]
Appellant’s Br. pp. 24-25 (citing Appellant’s App. Vol. 2 p. 76). While imaging
records could conceivably fall within these requests, the subpoena by no means
makes it clear that Nurse Practitioner Beatty was required to produce these
2 On appeal, Mother claims that Nurse Practitioner Beatty’s failure to produce Child’s medical records and imaging deprived her of her “due process rights to confront and cross examine witnesses.” Appellant’s Br. p. 28. But Mother didn’t raise a due-process argument in the trial court, so she has waived this claim for our review. See In re N.G., 51 N.E.3d 1167, 1173 (Ind. 2016) (“[A] party on appeal may waive a constitutional claim, including a claimed violation of due process rights, by raising it for the first time on appeal.”).
Court of Appeals of Indiana | Opinion 25A-JC-1805 | February 11, 2026 Page 9 of 19 records. We can hardly say that the failure to do so constitutes a refusal to
comply with the subpoena.
[17] In any event, DCS contends that if Mother believed Nurse Practitioner Beatty
or Riley failed to produce requested records, she should’ve moved to compel
production of the records or moved for a continuance instead of raising the
issue in the middle of the fact-finding hearing. We agree. In making his
objection, Mother’s trial counsel stated that he “requested all notes, all
documents, everything that was used to diagnose [Child]” and that he
“exchanged emails . . . about th[e] subpoena” with Riley’s legal department. Tr.
p. 78. He explained that, after providing Riley with the requested affidavit, he
“was given a response” to his subpoena, “but the response did not include any
of the medical information, any of the images.” Id. at 79. At that point, Mother
could’ve moved to compel production of any records believed to be
outstanding. See Ind. Trial Rule 37(A)(2) (“[I]f a party or witness . . . fails to
respond that inspection will be permitted as requested or fails to permit
inspection as requested, the discovering party may move for . . . an order
compelling inspection in accordance with the request.”). Mother’s counsel
further explained that he exchanged emails with “[a] vice president . . . of the
legal [team] at IU [Health] to facilitate the exchange of that information.” Tr. p.
79. Based on the minimal details counsel provided about the timing and
contents of his email exchange(s) with Riley’s legal department, it is unclear
whether he made a more specific request via email for additional records after
receiving the initial response to the subpoena. If Mother was awaiting an
Court of Appeals of Indiana | Opinion 25A-JC-1805 | February 11, 2026 Page 10 of 19 additional response from Riley with the outstanding medical records, she
should’ve moved to continue the fact-finding hearing until after she received the
records and her expert could review them.
[18] We also note that, before the fact-finding hearing began, the trial court asked,
“Are there any other motions before the Court before we get started?” Id. at 40.
At that point, Mother should’ve alerted the trial court that requested medical
records were outstanding and moved to preclude Nurse Practitioner Beatty
from testifying about the missing records. But instead, Mother’s counsel said
nothing and waited to raise the issue until Nurse Practitioner Beatty had begun
testifying. Until then, the trial court had no way of knowing that any records
were outstanding or that Mother’s expert hadn’t been able to review them.
Given the vague language in the subpoena, Mother’s failure to raise the
production issue at multiple points in the proceedings, and the fact that Rule
703 allows Nurse Practitioner Beatty to offer her expert opinion based on
otherwise inadmissible evidence, the trial court did not abuse its discretion in
allowing Nurse Practitioner Beatty to testify about Child’s medical records.
II. The trial court’s CHINS adjudication was not clearly erroneous [19] Mother also contends that there is insufficient evidence to support the CHINS
adjudication. We will reverse a CHINS adjudication only upon a showing that
the trial court’s decision was clearly erroneous. In re K.D., 962 N.E.2d 1249,
1253 (Ind. 2012). We consider only the evidence that supports the decision and
Court of Appeals of Indiana | Opinion 25A-JC-1805 | February 11, 2026 Page 11 of 19 all reasonable inferences that can be drawn therefrom, and we neither reweigh
the evidence nor judge witness credibility. Id.
[20] There are three basic elements DCS must prove for a child to be adjudicated a
CHINS: the child is under 18; one or more of the statutory circumstances
outlined in Indiana Code sections 31-34-1-1 through -11 exists; and the care,
treatment, or rehabilitation required to address those circumstances is unlikely
to be provided or accepted without the coercive intervention of the court. In re
K.Y., 145 N.E.3d 854, 860 (Ind. Ct. App. 2020), trans. denied. Generally, DCS
must prove these elements by a preponderance of the evidence. Ind. Code § 31-
34-12-3. But when DCS invokes Indiana Code section 31-34-12-4 (“the
Presumption Statute”) in addition to its allegation(s) under Sections 31-34-1-1
through -11, it can raise a rebuttable presumption that the child is a CHINS
because of an act or omission of the child’s parent, guardian, or custodian and
shift the burden of going forward with evidence to the parent, guardian, or
custodian. K.Y., 145 N.E.3d at 860-61.
[21] Here, DCS alleged, and the trial court found, that Child is a CHINS under
Indiana Code sections 31-34-1-1 and 31-34-1-2. Under Section 31-34-1-1, a
child is a CHINS if, before the child turns 18,
(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:
Court of Appeals of Indiana | Opinion 25A-JC-1805 | February 11, 2026 Page 12 of 19 (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.
And, as alleged here, a child is a CHINS under Section 31-34-1-2 if, before the
child turns 18,
(1) the child’s physical or mental health is seriously endangered due to injury by the act or omission of the child’s parent, guardian, or custodian; and
(B) is unlikely to be provided or accepted without the coercive intervention of the court.
Court of Appeals of Indiana | Opinion 25A-JC-1805 | February 11, 2026 Page 13 of 19 I.C. § 31-34-1-2(a) (2024). 3 DCS also invoked the Presumption Statute, which
provides:
A rebuttable presumption is raised that the child is a child in need of services because of an act or omission of the child’s parent, guardian, or custodian if the state introduces competent evidence of probative value that:
(1) the child has been injured;
(2) at the time the child was injured, the parent, guardian, or custodian:
(A) had the care, custody, or control of the child; or
(B) had legal responsibility for the care, custody, or control of the child;
(3) the injury would not ordinarily be sustained except for the act or omission of a parent, guardian, or custodian; and
(4) there is a reasonable probability that the injury was not accidental.
[22] “The purpose of the Presumption Statute is clear. In cases where a child has
injuries that suggest neglect or abuse, it shifts the burden to the party most likely
3 Section 31-34-1-2 was amended effective July 1, 2025, see Pub. L. No. 179-2025, § 11, after the CHINS adjudication but before Mother filed her Notice of Appeal. Neither party argues that this amendment has any bearing on the proceedings.
Court of Appeals of Indiana | Opinion 25A-JC-1805 | February 11, 2026 Page 14 of 19 to have knowledge of the cause of the injuries—the parent, guardian, or
custodian . . . .” Ind. Dep’t of Child Servs. v. J.D., 77 N.E.3d 801, 807 (Ind. Ct.
App. 2017), trans. denied. Once DCS produces the requisite evidence, “the
rebuttable presumption that a child is a CHINS applies to all the statutory
CHINS elements in [Indiana Code chapter 31-34-1.]” 4 K.Y., 145 N.E.3d at 861.
[23] In challenging the trial court’s conclusion that the Presumption Statute applies,
Mother’s main argument is that the evidence is insufficient to show that she
abused or neglected Child. But this argument imputes a burden to DCS beyond
what the Presumption Statute requires. DCS isn’t required to prove that a
parent, guardian, or custodian did, in fact, cause the child’s injury. See In re
C.B., 865 N.E.2d 1068, 1073 (Ind. Ct. App. 2007) (“While it is not certain
whether Mother inflicted these injuries upon C.B., there is no question that
C.B. suffered this harm while under Mother’s care and custody.”), trans. denied;
4 After asserting that “[t]he trial court’s conclusion that Child was a CHINS under the Presumption Statute was not clearly erroneous,” DCS notes that the trial court also concluded that Child is a CHINS under Sections 31-34-1-1 and 31-34-1-2 and states that “Mother does not challenge those conclusions on appeal so she has waived these issues on appeal.” Appellee’s Br. p. 19. To the extent that DCS is suggesting that the Presumption Statute may serve as a standalone basis for a CHINS adjudication, this is incorrect. As explained above, the Presumption Statute is a provision that DCS can invoke alongside an allegation that a child is a CHINS under one or more of the statutory circumstances outlined in Indiana Code sections 31-34- 1-1 through -11. Once DCS presents sufficient evidence to establish the elements of the Presumption Statute, the rebuttable presumption applies to each element of the CHINS statute(s) alleged. See K.Y., 145 N.E.3d at 861 (citing J.D., 77 N.E.3d at 809 n.3); J.D., 77 N.E.3d at 809 n.3 (“[T]he presumption applies to all elements of I.C. § 31-34-1-2. In other words, there is a rebuttable presumption not only that Child’s physical or mental health is endangered, but also that Child needs care, treatment, or rehabilitation that he is not receiving and is unlikely to be provided or accepted without the coercive intervention of the court.”). If the trial court concludes that the child’s parent, guardian, or custodian failed to rebut the presumption, the court will adjudicate the child to be a CHINS under the particular CHINS statute(s) alleged. See, e.g., In re T.O., No. 25A-JC-1179, 2025 WL 2986036, at *3 (Ind. Ct. App. Oct. 23, 3025) (mem.) (“The juvenile court found that a rebuttable presumption was established that Child was a CHINS and adjudicated him to be so pursuant to Indiana Code sections 31-34-1-1 and 31-34-1-2.”).
Court of Appeals of Indiana | Opinion 25A-JC-1805 | February 11, 2026 Page 15 of 19 In re R.G., 130 N.E.3d 1171, 1180 (Ind. Ct. App. 2019) (affirming trial court’s
conclusion that statutory presumption in Section 31-34-12-4 applied where
pediatrician ruled out medical causes for child’s injury and mother couldn’t
provide a plausible explanation), trans. denied. Rather, to shift the burden of
production to the parent, guardian, or custodian, DCS need only produce
“some relevant and admissible evidence tending to establish the elements of the
Presumption Statute.” J.D., 77 N.E.3d at 809. DCS did so here.
[24] It is indisputable that Child was injured. At seven weeks old, she was found to
have an acute left femur fracture, a left tibia and fibula corner fracture, an acute
left humerus fracture, a thin subdural hematoma, a possible retroperitoneal
hematoma, soft-tissue swelling on her scalp, and healing posterior left rib
fractures. Because some of the injuries were newer while others were in various
stages of healing, the Riley team concluded that Child was injured on at least
two occasions. Although it’s unknown when the injuries occurred, given the
lack of any apparent injuries at Child’s January 28 appointment with Nurse
Practitioner Krogh, DCS concluded that Child likely sustained her acute
injuries between that appointment and her February 3 hospitalization. FCM
Winslett testified, and Mother doesn’t dispute, that the only caregivers who had
responsibility for Child during that time were Mother, Father, and
Grandmother. And as the trial court found, “Mother and Father are legally
responsible for the care and custody of [Child].” Appellant’s App. Vol. 2 p. 112.
This evidence establishes that Child was injured while in the care of a parent or
while Parents had legal responsibility for her care and custody.
Court of Appeals of Indiana | Opinion 25A-JC-1805 | February 11, 2026 Page 16 of 19 [25] DCS also presented evidence that Child’s injuries wouldn’t ordinarily be
sustained except for the act or omission of a parent, guardian, or custodian and
that there is a reasonable probability that the injuries weren’t accidental. Riley’s
Child Protection Team concluded that Child’s injuries “were inflicted injuries
that coincide with physical abuse” and were “most consistent with non-
accidental trauma.” Dr. Westfall explained that it’s “highly unlikely” for a
fracture like the one in Child’s left femur to “happen[] under any other
circumstance besides some trauma,” and it’s “highly unlikely” that children as
young as Child could inflict trauma themselves because they have such limited
mobility. Nurse Practitioner Beatty testified that Child’s injuries “would have
been caused by some type of excessive force” and that a reasonable caregiver
who witnessed the injuries “would have . . . noticed” the force as excessive. She
explained that a tibia and fibula corner fracture is usually caused by “a violent
yank and twist” and that posterior rib fractures are “highly concerning for non-
accidental trauma,” often a “a squeezing of the chest or rib cage.” This
evidence was sufficient to raise the presumption that Child is a CHINS and shift
the burden to Parents.
[26] Mother contends that she presented sufficient evidence to rebut the
presumption that Child is a CHINS. She relies primarily on Father’s history of
domestic violence and Dr. Guertin’s testimony about the association between
domestic violence and child abuse, claiming that “it is much more likely that
Father abused or neglected [Child].” Appellant’s Br. p. 34. But again, this
argument goes beyond what the Presumption Statute requires. “[A] CHINS
Court of Appeals of Indiana | Opinion 25A-JC-1805 | February 11, 2026 Page 17 of 19 adjudication is not a determination of parental fault”; rather, it “reflects the
status of a child without establishing the culpability of a particular parent.”
R.G., 130 N.E.3d at 1178 (citing In re N.E., 919 N.E.2d 102, 106 (Ind. 2010)). In
reviewing CHINS adjudications under Chapter 31-34-1, our appellate courts
have found that “the conduct of one parent can be enough for a child to be
adjudicated a CHINS.” See, e.g., N.E., 919 N.E.2d at 106. This same conclusion
applies when DCS invokes the Presumption Statute, which doesn’t require
DCS to prove which parent’s act or omission may have led to the child’s injury.
Even if we accepted Mother’s contention that Father more likely caused Child’s
injuries, this wouldn’t rebut the presumption that Child is a CHINS because
Child still would’ve been injured while in the care of a parent. See J.D., 77
N.E.3d at 809 n.2 (rejecting Mother’s argument that DCS failed to establish
that Child was injured in her care because “the possibility that Child was
injured while in Father’s care would not affect the applicability of the
Presumption Statute. There is no dispute that from the time of his birth until the
discovery of his injuries, Child was at all times in the care and custody of a
parent.”) (citing N.E., 919 N.E.2d at 106).
[27] Looking to the rest of the evidence, Parents failed to rebut the presumption that
Child is a CHINS. At first, Mother said she had “no idea” how Child could’ve
sustained her femur fracture. Then, once the rest of Child’s injuries were
discovered, Parents suggested that they could’ve been caused by an eight-to-ten-
pound dog jumping on Child or by Father’s seven-year-old who has “violent
tendencies” and was alone with Child for three to five minutes. The Riley team
Court of Appeals of Indiana | Opinion 25A-JC-1805 | February 11, 2026 Page 18 of 19 ruled out these explanations because Parents said both events occurred on
February 1, but Child’s injuries were sustained on at least two occasions, and a
seven-year-old likely wouldn’t be able to inflict the level of force needed to
cause the injuries. Additionally, Child’s physical examination and test results
from Riley didn’t indicate that she had any health issues or conditions that
would make her more susceptible to these injuries. Nurse Practitioner Beatty
noted that if Child’s subdural hematoma had been birth-related, she’d expect it
to be completely healed after seven weeks. And although he noted that his
opinion was limited, Mother’s own expert Dr. Guertin opined that Child “is an
abused child.” Because Parents failed to rebut the presumption, the trial court
did not err in concluding that Child is a CHINS.
[28] Affirmed.
Mathias, J., and Pyle, J., concur.
ATTORNEY FOR APPELLANT Jennifer L. Koethe Wake Forest, North Carolina
ATTORNEYS FOR APPELLEE Theodore E. Rokita Attorney General Natalie F. Weiss Deputy Attorney General Indianapolis, Indiana
Court of Appeals of Indiana | Opinion 25A-JC-1805 | February 11, 2026 Page 19 of 19