In the Matter of: L.C. (Minor Child), Child in Need of Services and S.C. (Father) v. The Indiana Department of Child Services

23 N.E.3d 37, 2015 Ind. App. LEXIS 1
CourtIndiana Court of Appeals
DecidedJanuary 7, 2015
Docket49A02-1405-JC-333
StatusPublished
Cited by22 cases

This text of 23 N.E.3d 37 (In the Matter of: L.C. (Minor Child), Child in Need of Services and S.C. (Father) v. The 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
In the Matter of: L.C. (Minor Child), Child in Need of Services and S.C. (Father) v. The Indiana Department of Child Services, 23 N.E.3d 37, 2015 Ind. App. LEXIS 1 (Ind. Ct. App. 2015).

Opinions

OPINION

MATHIAS, Judge.

L.C. was adjudicated a Child In Need of Services (“CHINS”) by the Marion Superi- or Court. L.C.’s father, S.C. (“Father”), appeals. Father presents two issues in his appeal, but we address a single dispositive issue, namely, whether Father’s due process rights were violated when the juvenile court adjudicated L.C. a CHINS before the conclusion of the fact-finding hearing.

We reverse the judgment of the juvenile court and remand for a new fact-finding hearing.

Facts and Procedural History

Father and Mother were in a dating relationship for nearly seventeen years and, during this time, had one child together, L.C. After Father and Mother’s relationship ended, Father established paternity of L.C. and obtained full custody of the child. In May 2013, L.C. went to live with Mother because of L.C.’s reported “personal issues.” Tr. p. 32.

On February 11, 2014, following a report of domestic violence between Mother and Mother’s boyfriend, B.P., that occurred in front of L.C., the juvenile court authorized and DCS filed a petition alleging that L.C. was a CHINS. Specifically, the petition alleged that Mother had been hospitalized after a physical altercation with B.P., Mother suffered a seizure after the incident and admitted that she was under the influence of alcohol during the incident, L.C. witnessed B.P. punch Mother, and Father is “unable to ensure the child’s safety and well being while in the care and custody of [Mother].” Appellant’s App. p. 22.

L.C. was removed the same day and placed in therapeutic foster care. On February 25, 2014, Father appeared at the initial hearing where he denied the allegations set forth in the CHINS petition. Following the hearing, the court determined that L.C. should remain in therapeutic foster care.

On April 8, 2014, Mother admitted the allegations in the CHINS petition. The juvenile court conducted a fact-finding hearing on April 8 and April 14, 2014. On April 8, at the beginning of the fact-finding hearing and before hearing any evidence, the juvenile court stated, “I will accept the admitted language, adjudicate [L.C.] to be a child in need of services.” Tr. p. 2. After testimony was presented on April 8, but before the héaring resumed on April 14, [39]*39the juvenile court issued an order in which it found that:

a.. [I]t is in the best interest of [L.C.] to be removed from the home environment; and
b. remaining in the home would be contrary to the health and welfare of [L.C.].
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[L.C.] are children [sic] in need of services.

Appellant’s App. p. 61. The juvenile court heard additional evidence during the second day of the fact-finding hearing, April 14, 2014.

On April 22, 2014, the juvenile court held a dispositional hearing at which it “continue[d] its adjudication as to [L.C.].” Tr. p. 99. Following the dispositional hearing, the juvenile court issued in order which provided, in relevant part:

2. [Father] allowed [L.C.] to return to the care of her mother ... despite having knowledge that [Mother] has an issue regarding her consumption of alcohol without taking steps to assess whether this situation had been rectified.
3. While [Father] was not involved in the events which led to the filing of [this] action, his failure to ensure that [L.C.] was properly supervised placed her in an endangering environment.
4. The coercive intervention of this Court is necessary to ensure that [L.C.] is placed in a safe environment until [Father] is provided services to learn to ensure [L.C.’s] safety.

Appellant’s App. pp. 75-76.

The juvenile court granted DCS wardship of L.C., ordered Father to participate in reunification services, and placed L.C. in a temporary in-home trial visit with Father to begin by the end of that day.

Father now appeals.

Standard of Review

Indiana Code Section 31-34-1-1 provides that:

[A] child is a child in need of services if, before the child becomes eighteen years of age:
(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; 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.

“[T]he purpose of a CHINS adjudication is to protect children, not punish parents.” N.L. v. Ind. Dep’t of Child Servs {In re N.E.), 919 N.E.2d 102, 106 (Ind.2010). Our supreme court has noted that “a separate analysis as to each parent is not required” in making a CHINS determination because a CHINS adjudication reflects the status of a child without establishing the culpability of a particular parent. In re N.E., 919 N.E.2d 102, 106 (Ind.2010). Put differently, a CHINS adjudication is not a determination of parental fault but rather is simply a determination that a child is in need of services and is unlikely to receive those services without the court’s intervention. Id. at 105.

CHINS proceedings are civil actions, and therefore, “the State must prove by a preponderance of the evidence that a child is a CHINS as defined by the juvenile code.” Id. at 105. On review, we neither ■ reweigh the evidence nor judge the credibility of the witnesses. Id. We [40]*40consider only the evidence that supports the juvenile court’s decision and reasonable inferences drawn therefrom. Id. We reverse only upon a showing that the decision of the juvenile court was clearly erroneous. Id.

Father claims that the juvenile court violated his due process rights by depriving him of “a meaningful CHINS hearing.” Appellant’s Br. at 4. “Due process protections bar ‘state action that deprives a person of life, liberty, or property without a fair proceeding.’ ” In re G.P., 4 N.E.3d 1158 (Ind.2014). “[D]ue process protections at all stages of CHINS proceedings are ‘vital’ because ‘[e]very CHINS proceeding “has the potential to interfere with the rights of parents in the upbringing of their children.” ’ ” Id. (quoting In re K.D. & K.S., S.S. v. Ind. Dep’t of Child Servs., 962 N.E.2d 1249, 1257 (Ind.2012)). For this reason, a CHINS adjudication is subject to balancing the following three factors:

(1) the private interests affected by the proceeding; (2) the risk of error created by the State’s chosen procedure; and (3) the countervailing governmental interest supporting use of the challenged procedure.

Id. at 1165-66.

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23 N.E.3d 37, 2015 Ind. App. LEXIS 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-matter-of-lc-minor-child-child-in-need-of-services-and-sc-indctapp-2015.