In Re Heaton

503 N.E.2d 410, 1987 Ind. App. LEXIS 2377
CourtIndiana Court of Appeals
DecidedFebruary 9, 1987
Docket32A01-8605-CV-143
StatusPublished
Cited by6 cases

This text of 503 N.E.2d 410 (In Re Heaton) 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
In Re Heaton, 503 N.E.2d 410, 1987 Ind. App. LEXIS 2377 (Ind. Ct. App. 1987).

Opinions

NEAL, Judge.

STATEMENT OF THE CASE

Respondent-appellants, Harold and Joyce Heaton (the Heatons), bring this appeal from the Hendricks Circuit Court, Juvenile Division, contesting its finding that their adopted son, James Daniel Heaton (James), is a child in need of services (CHINS) and a judgment entered pursuant to that finding.

We reverse.

STATEMENT OF THE FACTS

James ran away from the Circle R Christian Home on October 14, 1982. He had been placed in the home six months before by his adoptive parents, the Heatons, who are residents of New Jersey. The same day he ran away, James was picked up and detained by the Hendricks County Sheriff's Department. Without a CHINS petition having been filed, the court held an initial hearing on October 14 and advised James of his rights and appointed counsel to represent him. James was returned to the custody of the sheriff. Another hearing was held on October 25. James indicated he did not wish to return to the Circle R Christian Home and entered an admission to being a child in need of services. The court so found, returned James to the sheriff's custody pending disposition, and assessed costs of $150.00 against the Hea-tons. A third hearing was held on November 15. At this hearing, the court entered an order for the Heatons to pay $50.00 per week as temporary child support commene-ing on November 19, and fixed the arrear-age at $98.00. James was placed with a foster family. The Heatons were ordered to appear at a hearing set for December 18. However, at the hearing on that date, the court noted that the order had not yet been served on the Heatons, so another hearing was scheduled,. The temporary child support order remained in effect.

The Heatons were served notice on January 25 of the review hearing, scheduled for March 14, 1983, but they did not appear. At this hearing, the court fixed child support at $50.00 per week. The court noted that the Heatons had paid $300.00, but an arrearage of $620.00 existed, so the arrear-age was entered as a judgment against the Heatons.

A review hearing was held on September 19, 1983, and the court ordered the Heatons to submit a financial statement, which they did on November 14. Review hearings were held on February, 22 and November 16 in 1984, and on April 15 and October 15 in 1985. At each hearing, James's situation was reviewed and a case plan was submitted by the welfare department. James was eventually placed in the Indiana Soldiers and Sailors Childrens Home. At the April 15 hearing, the court noted that the Heatons' failure to make child support payments had resulted in an arrearage of $21,506.99, and it entered a judgment against them in that amount.

On December 26, 1985, counsel for the Heatons entered his appearance and filed a Motion for Relief from Judgment. The Heatons argued that the trial court had never had subject matter jurisdiction of the CHINS proceedings or personal jurisdiction of them. The Heatons also asserted that they were not given adequate notice of the hearings, that the $21,506.99 judgment against them was clearly erroneous because the arrearage was mathematically impossible given the $50.00 per week support order, and that the arrearage failed to credit them for payments they made.

On February 3 of this year, a hearing was held on the Heatons' motion. It was denied, and they were ordered to submit a financial declaration and repayment plan, which they filed on March 3. The Heatons filed a motion to correct error on March 19. The court deemed the Heatons' proposed repayment plan inadequate and denied the motion to correct error on April 30. From that denial the Heatons instituted this appeal.

ISSUES

Although several issues are raised, we will address only the following issue, as it is dispositive:

[412]*412Whether the trial court lacked subject matter jurisdiction of the CHINS proceeding, rendering its judgment and orders void.

DISCUSSION AND DECISION

The Heatons argue that the trial court failed to comply with the statutory requirements regarding a CHINS proceeding; therefore, it lacked subject matter jurisdiction.

The statutory requirements for CHINS proceedings are set forth in IND. CODE 81-6-4-1 to -19.5. Courts have consistently held that strict statutory compliance is required for juvenile courts to obtain subject matter jurisdiction in such proceedings. Kindred v. State (1986), Ind.App., 493 N.E.2d 467; Shupe v. Bell et al. (1957), 127 Ind.App. 292, 141 N.E.2d 351.

First, IND. CODE 31-6-4-8(a)(6) provides the definition of a CHINS under which the welfare department claims it proceeded:

"A child is a child in need of services if before his eighteenth birthday he substantially endangers his own health or the health of another and needs care, treatment, or rehabilitation that he is not receiving, and that is unlikely to be provided or accepted without the coercive intervention of the court."

The Heatons do not dispute the fact that, by running away, James endangered his health.

IND. CODE 31-6-4-8 establishes the next steps to be followed in obtaining jurisdiction in a CHINS proceeding. The seetion provides: >

"(a) Any person may give an intake officer written information indicating that the child is a child in need of services. If the intake officer has reason to believe that the child is a child in need of services, he shall make a preliminary inquiry to determine whether the interests of the child require further action.
(b) A preliminary inquiry is an informal investigation into the facts and circumstances reported to the court. Whenever practicable, it should include information on the child's background, current status, and school performance.
(c) The intake officer shall send to the prosecutor or the attorney for the county department a copy of the preliminary inquiry. The intake officer shall recommend whether to file a petition, informally adjust the case, refer the child to another agency, or dismiss the case.
(d) The person representing the interests of the state and receiving the preliminary inquiry and recommendations shall decide whether to request authorization to file a petition. This decision is final only as to the office of the person making it."

If the prosecutor or county attorney determines that a CHINS petition should be filed, authorization must be obtained from the juvenile court. This procedure is set forth in IND. CODE 31-6-4-10 as follows:

"(a) The prosecutor or the attorney for the county department may request the juvenile court to authorize the filing of a petition alleging that a child is a child in need of services; that person shall represent the interests of the state at this proceeding and at all subsequent proceedings on the petition.
(b) The juvenile court shall consider the preliminary inquiry and the evidence of probable cause as contained in either the report of the preliminary inquiry or an affidavit of probable cause. The court shall authorize the filing of a petition if it finds probable cause to believe that the child is a child in need of services.

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Cite This Page — Counsel Stack

Bluebook (online)
503 N.E.2d 410, 1987 Ind. App. LEXIS 2377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-heaton-indctapp-1987.