In Re JQ

836 N.E.2d 961, 2005 WL 2931956
CourtIndiana Court of Appeals
DecidedNovember 7, 2005
Docket49A02-0504-JV-320
StatusPublished
Cited by2 cases

This text of 836 N.E.2d 961 (In Re JQ) 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 JQ, 836 N.E.2d 961, 2005 WL 2931956 (Ind. Ct. App. 2005).

Opinion

836 N.E.2d 961 (2005)

In re the Matter of J.Q., A Child in Need of Services.
Julia Quinton, Appellant-Respondent,
v.
Indiana Department of Child Services, Appellee-Petitioner,
Child Advocates, Inc., Co-Appellee (Guardian Ad Litem).

No. 49A02-0504-JV-320.

Court of Appeals of Indiana.

November 7, 2005.
Rehearing Denied January 12, 2006.

*963 Steven J. Halbert, Indianapolis, for Appellant.

Kelly Rota-Autry, Indiana Department of Child Services, Indianapolis, for Appellee.

OPINION

RILEY, Judge.

STATEMENT OF THE CASE

Appellant-Respondent, Julia Quinton (Quinton), appeals the trial court's adjudication of her son, J.Q., as a Child in Need of Services (CHINS).

We reverse and remand, with instructions.

ISSUE

Quinton raises three issues on appeal, which we restate as follows:

(1) Whether the trial court followed the requirements of Indiana Code section 31-34-13-3 when it admitted child hearsay statements during a CHINS proceeding without holding a hearing on the matter prior thereto.
(2) Whether the evidence was sufficient to support the trial court's finding that J.Q. is a CHINS.

FACTS AND PROCEDURAL HISTORY

Quinton is the mother of J.Q., born December 6, 1994. On December 1, 2004, Child Protective Services (CPS) received a report alleging J.Q. had been abused. On that same date, CPS investigator, Cara Hardister (Hardister), interviewed J.Q. and Quinton regarding a bruised right eye apparent on J.Q. The next day, the Indiana Department of Child Services (DCS), formerly known as the Marion County Office of Family and Children, filed a petition alleging that J.Q. was a CHINS. On December 3, 2004, an initial hearing was held and the trial court placed J.Q. in the home of a relative. Quinton was granted supervised visits with J.Q.

On January 27, 2005, a fact-finding hearing was held, and on February 24, 2005, a disposition hearing was held where the trial court concluded that J.Q. was a CHINS. At that time, the trial court established a permanency plan, and ordered that J.Q. remain in the relative's home until Quinton completed the requirements of a Parental Participation Order. The order required Quinton to maintain suitable income and housing, participate in home-based counseling, complete a parenting assessment, and enroll in other counseling services. The record shows that Quinton had completed a portion of the order's requirements before the disposition hearing was held. Also, the trial court stated that Quinton could continue visitation with J.Q., and begin temporary in-home trial visits.

Quinton now appeals the trial court's finding that J.Q. is a CHINS. Additional facts will be provided as necessary.

DISCUSSION AND DECISION

I. Admission of J.Q.'s Statements

Quinton argues that the trial court improperly admitted certain statements by J.Q. at the CHINS proceeding because they were hearsay. Specifically, Quinton asserts that the trial court did not make the required findings under Indiana Code *964 section 31-34-13-3 to properly admit J.Q.'s statements, and thus failed to comport with due process.[1] Indiana Code § 31-34-13-3 allows an otherwise inadmissible statement made by a child under fourteen (14) years of age to be admitted:

in an action to determine whether a child is a CHINS if, after notice to the parties of a hearing and of their right to be present, the court finds that:
(1) [] the time, content, and circumstances of the statement or videotape and any other evidence provide sufficient indications of reliability; and
(2) the child:
(A) testifies at the proceeding to determine whether the child or a whole or half blood sibling of the child is a [CHINS]
(B) was available for face-to-face cross-examination when the statement or videotape was made; or
(C) is found by the court to be unavailable as a witness because:
(i) a psychiatrist, physician, or psychologist has certified that the child's participation in the proceeding creates a substantial likelihood of emotional or mental harm to the child
(ii) a physician has certified that the child cannot participate in the proceeding for medical reasons; or
(iii) the court has determined that the child is incapable of understanding the nature and obligation of an oath.

Here, pursuant to I.C. § 31-34-13-3(2)(C)(i), the trial court admitted a written statement by a psychologist, Marla Smith Ph.D., HSPP (Smith), that J.Q., nine years old at the time, would likely suffer emotional harm if he testified at the CHINS proceeding.[2] Subsequently, the trial court permitted Hardister to testify as to what J.Q. said to her about his eye injury when she initially interviewed him for CPS's investigation.[3]

Particularly, Quinton contends that it was error for the trial court to make its determination regarding the admission of J.Q.'s statements in the CHINS action during the CHINS proceeding itself, and without any record of findings related thereto. We agree. First, we note that "[a] question of statutory interpretation is a matter of law to be determined by this court. We are not bound by a trial court's legal interpretation of a statute and need not give it deference. We independently determine the statute's meaning and apply it to the facts before *965 us." Indiana Ins. Guar. Ass'n v. Blickensderfer, 778 N.E.2d 439, 441 (Ind.Ct. App.2002) (quoting Perry-Worth Concerned Citizens v. Board of Comm'rs of Boone Co., 723 N.E.2d 457, 459 (Ind.Ct. App.2000), trans. denied).

Here, Indiana Code § 31-34-13-3 states, in pertinent part, that a statement made by a child that would otherwise be inadmissible is admissible in a CHINS proceeding only "after notice to the parties of a hearing." Typically, we apply the express language of the statute in its construction. Indiana Ins. Guar. Ass'n, 778 N.E.2d at 442. However, in the instant case, we find the legislature's choice of words to be ambiguous in that it is not clear whether a hearing separate from the CHINS proceeding is required to determine whether a particular out-of-court statement by a child is admissible. Thus, where the language of a statute is susceptible to more than one reasonable construction, we must construe it to give the effect of the legislature's intent. Id. Additionally, we must examine the statute as a whole, with the presumption that the legislature intended the language used in the statute be applied logically and not to bring about an unjust or absurd result. Id.

Here, we find that one of the purposes of the Indiana Juvenile Code is "to provide a judicial procedure that insures fair hearings and recognizes and enforces the constitutional and other legal rights of children and their parents." Roark v. Roark, 551 N.E.2d 865, 868 (Ind.Ct.App.1990).[4]

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Related

T.Q. v. Indiana Department of Child Services
996 N.E.2d 385 (Indiana Court of Appeals, 2013)
Shipley v. Marion County Division of Family & Children
881 N.E.2d 1110 (Indiana Court of Appeals, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
836 N.E.2d 961, 2005 WL 2931956, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jq-indctapp-2005.