In Re NE

919 N.E.2d 102, 2010 WL 28661
CourtIndiana Supreme Court
DecidedJanuary 6, 2010
Docket49S02-0906-JV-270
StatusPublished

This text of 919 N.E.2d 102 (In Re NE) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re NE, 919 N.E.2d 102, 2010 WL 28661 (Ind. 2010).

Opinion

919 N.E.2d 102 (2010)

In the Matter of N.E., A Child in Need of Services,
N.L. (Father), Appellant (Respondent below),
v.
Indiana Department of Child Services, Appellee (Petitioner below).

No. 49S02-0906-JV-270.

Supreme Court of Indiana.

January 6, 2010.

*103 Steven J. Halbert, Carmel, IN, Attorney for Appellant.

Robert J. Henke, Indianapolis, IN, Deborah S. Burke, Marion, IN, Attorney for Appellee.

On Petition to Transfer from the Indiana Court of Appeals, No. 49A02-0806-JV-522

SULLIVAN, Justice.

The trial court adjudicated a child to be a "Child in Need of Services" ("CHINS") without specifically alleging that the child was a CHINS with respect to the child's father. The father contends that the CHINS adjudication does not apply to him. The question in a CHINS adjudication is not parental fault, but whether the child needs services. Because a CHINS determination regards the status of the child, the juvenile court is not required to determine whether a child is a CHINS as to each parent, only whether the statutory elements have been established.

Background

N.E. was born on January 24, 2004, the daughter of a mother ("Mother") of three other children, each of the four having a separate father. In December, 2007, the Department of Child Services ("State") filed a petition in the Juvenile Division of the Marion Superior Court alleging that all four of Mother's children were CHINS. *104 The State typically files such a petition when it believes a child has been the victim of abuse, neglect, or abandonment.

The court filing recited that Mother was unable to protect her children from domestic violence. Because the State believed that none of the fathers had established paternity (and had not come forward to demonstrate the ability to parent their children appropriately), it removed the children from Mother's home. N.E. was not at Mother's home when the State removed the children. The State located N.E. at the home of her paternal grandmother ("Grandmother") and placed her into foster care with her siblings.

The juvenile court subsequently held a hearing at which the State conceded that N.E. spent a great deal of time at the home of Grandmother, where N.L. ("Father") also lived. The court ordered Mother and Father to undergo DNA testing to determine the paternity of N.E. The court established Father's paternity and placed N.E. in the custody of Father and Grandmother. About a week later, however, the State filed a motion to remove N.E. from Father and Grandmother, setting forth several reasons: (1) Father had a prior conviction for domestic battery; (2) N.E.'s paternal grandfather lived in the house; (3) N.E.'s paternal grandfather was addicted to cocaine; and (4) the paternal grandfather had an outstanding warrant for his arrest due to a probation violation. On February 1, 2008, the court returned N.E. to foster care with her siblings.

On February 12, 2008, Mother admitted that her children were CHINS; Father did not. He requested a fact finding hearing. During the fact finding hearing the parties presented conflicting evidence as to where N.E. spent most of her time. Father testified that N.E. lived three years and eight months out of her first four years with Father and Grandmother. Grandmother testified that she and Father took care of N.E. 95% of the time. Mother testified that N.E. lived with her most of the time.

The Guardian ad Litem stated that:

There are varying [accounts] as to how much time [N.E.] has lived with her father in the home of the [paternal[1]] grandmother; however, there is no doubt that it was extensive and went back to an early age for [N.E.]. There is also no doubt that [N.E.] was appropriately cared for while in the home, whether there a majority of the time or for only three to four days a week.

(Appellant's App. 154.)

At the close of evidence, the court found that N.E. was a CHINS; N.E. remained in foster care. On May 30, 2008, the court held a dispositional hearing and found the children to be wards of the State. The trial court made no specific findings as to Father or its reasons for not placing N.E. with Father.

Father appealed. A divided Court of Appeals reversed, concluding that the State had not alleged, and the juvenile court had not determined, N.E. to be a CHINS with respect to Father. In re N.E., 903 N.E.2d 80, 89 (Ind.Ct.App.2009). Judge Vaidik dissented. She was of the view that "a CHINS determination regards the status of the child," and that once properly determined, it was applicable to both parents. Id. at 89-90. However, both the majority of the Court of Appeals and Judge Vaidik concluded that the juvenile court's dispositional decree was *105 deficient in not articulating reasons for not placing N.E. with Father.

The State sought, and we granted, transfer. Ind. Appellate Rule 58(A).[2]

Discussion

I

Because a CHINS proceeding is a civil action, the State must prove by a preponderance of the evidence that a child is a CHINS as defined by the juvenile code. Ind.Code § 31-34-12-3. Indiana Code sections 31-34-1-1 through 11 specify the elements of the CHINS definition that the State must prove:

(1) the child is under the age of 18;
(2) one or more particular set or sets of circumstances set forth in the statute exists; and
(3) the care, treatment, or rehabilitation needed to address those circumstances is unlikely to be provided or accepted without the coercive intervention of the court.

For example, to establish that a child is a CHINS under Indiana Code section 31-34-1-1, the State must prove the following set of circumstances: "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...." Similarly, under Indiana Code section 31-34-1-2, the State must prove that "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...."

A CHINS adjudication focuses on the condition of the child. As the examples in the preceding paragraph illustrate, the acts or omissions of one parent can cause a condition that creates the need for court intervention. A CHINS adjudication can also come about through no wrongdoing on the part of either parent, e.g., where a child substantially endangers the child's own health or the health of another individual, I.C. § 31-34-1-6; or when a child is adjudicated a CHINS because the parents lack the financial ability to meet the child's extraordinary medical needs. See Lake County Div. of Family & Children Servs. v. Charlton, 631 N.E.2d 526 (Ind.Ct.App.1994) (declaring a 14-year-old boy born with respiratory and heart defects a CHINS because his medical insurance lapsed when claims exceeded coverage limits).

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Related

Baker v. Marion County Office of Family & Children
810 N.E.2d 1035 (Indiana Supreme Court, 2004)
Lake County Division of Family & Children Services v. Charlton
631 N.E.2d 526 (Indiana Court of Appeals, 1994)
Jackson v. Madison County Department of Family & Children
690 N.E.2d 792 (Indiana Court of Appeals, 1998)
State Ex Rel. Gosnell v. Cass Circuit Court
577 N.E.2d 957 (Indiana Supreme Court, 1991)
N.L. v. Marion County Department of Child Services
903 N.E.2d 80 (Indiana Court of Appeals, 2009)
N.L. v. Indiana Department of Child Services
919 N.E.2d 102 (Indiana Supreme Court, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
919 N.E.2d 102, 2010 WL 28661, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ne-ind-2010.