Matter of EM

581 N.E.2d 948, 1991 WL 241745
CourtIndiana Court of Appeals
DecidedNovember 21, 1991
Docket03A04-9102-JV-57
StatusPublished
Cited by19 cases

This text of 581 N.E.2d 948 (Matter of EM) 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
Matter of EM, 581 N.E.2d 948, 1991 WL 241745 (Ind. Ct. App. 1991).

Opinion

581 N.E.2d 948 (1991)

In the matter of E.M., a Child Alleged to Be in Need of Services.
Anita McHenry, Appellant,
v.
BARTHOLOMEW COUNTY DEPARTMENT OF PUBLIC WELFARE, Appellee.

No. 03A04-9102-JV-57.

Court of Appeals of Indiana, First District.

November 21, 1991.

*950 Julia Ann Caudill, Columbus, for appellant.

Stanley A. Gamso, Lawson, Pushor, Mote & Coriden, Columbus, for appellee.

BAKER, Judge.

Respondent-appellant Anita appeals from the trial court's determination that E.M., Anita's 13-year old daughter, is a child in need of services (CHINS).[1] Anita raises several issues for our review, but the dispositive question is whether the trial court erred in finding E.M. is a child in need of services.

We reverse.

FACTS

On April 23, 1990, 13-year old E.M. complained to her neighbor, Ernie Caldemone, that she was being unduly and abusively punished at home. She made a similar complaint on April 24, 1990, to her school bus driver, Ralph Cox. Both individuals contacted the Bartholomew County Department of Public Welfare (D.P.W.) to report E.M.'s complaints.

Carol Gwin, a caseworker in the child welfare department of the D.P.W., began an investigation into E.M.'s allegations. Ms. Gwin interviewed E.M. at school on April 25, 1990, and an emergency detention hearing was held the same day. E.M. reported to Ms. Gwin she was punished by being sent to the basement where she was forced to stand with her nose to the wall for long periods of time. She spoke of being required to eat and do her homework while confined to the basement. She also indicated she had been grounded for several years, and she had not been allowed to have friends visit at her house in over a year. E.M. never alleged, however, that she was physically abused, nor was there any evidence of physical abuse.

As a result of the April 25, 1990, emergency hearing, E.M. was removed from her home and placed in a foster home. The court ordered another detention hearing held on April 27, 1990, and the D.P.W. filed a petition on May 3, 1990, alleging E.M. was a child in need of services. E.M. was declared a ward of the D.P.W. on August 29, 1990.

E.M.'s natural mother, Anita, holds an undergraduate degree in psychology and *951 sociology, and a Master's degree in counseling and guidance. She is employed as a vocational rehabilitation counselor and acting supervisor of the Vocational Rehabilitation office in Columbus, Indiana. Anita divorced E.M.'s natural father, John, in January 1985, and Anita and John have had a very bitter relationship since that time. John, who lives in an apartment in Marion, Indiana, was diagnosed with multiple sclerosis and is confined to a wheelchair. The final dissolution decree granted Anita custody of E.M. and gave John visitation with E.M. during most of E.M.'s summer vacations. E.M. has repeatedly expressed a strong desire to live with her father, and Anita believes this desire has controlled and directed E.M.'s behavior.

In support of finding that E.M. was a child in need of services, the trial court concluded that Anita's live-in boyfriend, David, was a primary source of E.M.'s problems at home. David had moved in with Anita, E.M., and another of Anita's children[2] in August 1986. David co-owned the house, was self-employed, and did most of his work at home. Because his schedule permitted him to be home when E.M. and her older half-brother arrived home from school, David was responsible for disciplining the children until their mother returned home from work. Anita testified, however, that David called her at work if there was a problem at home that needed to be discussed. E.M. testified that she did not like David, and reported that he called her "stupid", "bitch", and "little asshole." Record at 286, 303. The trial court found that David imposed the discipline on E.M.

The trial court also found that Anita and David made only negative comments about E.M. during meetings with the D.P.W., and that Anita's attitude revealed she believed E.M. was "the entire problem in her household." Record at 100. Anita also refused to "start over with E.M.," Record at 611, as suggested by Eileen Bennett, E.M.'s counselor since February 1988. The court interpreted this refusal to be an indication Anita was unwilling to alter her strict disciplinary techniques, techniques the court found were inappropriate for E.M. The court concluded that E.M.'s counseling would not be effective until Anita altered her behavior.

In addition, the trial court found E.M. suffered from emotional abuse. To support this finding, the court relied heavily on Ms. Bennett's testimony regarding E.M.'s emotional state. The court noted that Ms. Bennett believed E.M. exhibited symptoms that could be the result of emotional abuse, and that E.M. needed the services extended to her by the D.P.W.

The trial court held a modification hearing on November 21, 1990, at which time E.M. was ordered removed from the foster home and placed in the Adolescent Unit of Jefferson Hospital in Jeffersonville, Indiana. She was discharged from the Adolescent Unit on December 27, 1990, and returned to her mother's home. Although E.M. has continued to live with her mother since that time, she remains a ward of the D.P.W.

STANDARD OF REVIEW

On Anita's motion, the trial court made specific findings of fact and conclusions of law under Ind.Trial Rule 52(A). When reviewing such findings and conclusions, we first determine whether the evidence supports the findings, and second, whether the findings support the judgment. Vanderburgh County v. Rittenhouse (1991), Ind. App., 575 N.E.2d 663, 665. In practice, however, this court actually makes its determination by starting at the end and moving forward. That is, we look first to see whether the findings support the judgment; if they do not, our review is concluded. We will reverse the trial court's judgment only if it is clearly erroneous. A judgment is clearly erroneous when it is unsupported by the findings of fact and conclusions of law entered on those findings. Id.

*952 If we conclude the findings support the judgment, then we determine whether the evidence supports the findings. When making this determination, we will not reweigh the evidence or assess the credibility of the witnesses. Rather, we consider only the evidence and reasonable inferences drawn therefrom which support the finding. Id. at 666. Findings of fact that are clearly erroneous, based on the evidence presented, cannot support the judgment. Id. at 665. Findings of fact entered in favor of the party bearing the burden of proof are clearly erroneous when there is no substantial evidence of probative value to support the findings. Id. at 666-67. Further, even when there is supporting evidence, the findings are clearly erroneous if we are left with a definite and firm conviction a mistake has been made. Id. at 667.

DISCUSSION AND DECISION

Anita argues there was insufficient evidence to support the trial court's finding that her daughter was a child in need of services. We fear she asks us to reweigh the evidence, a task in which we may not engage. Vanderburgh County, supra, at 666.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

B.H. v. Department of Child Services
913 N.E.2d 303 (Indiana Court of Appeals, 2009)
In Re AH
913 N.E.2d 303 (Indiana Court of Appeals, 2009)
In Re NE
903 N.E.2d 80 (Indiana Court of Appeals, 2009)
N.L. v. Marion County Department of Child Services
903 N.E.2d 80 (Indiana Court of Appeals, 2009)
T.H. v. Marion County Department of Child Services
856 N.E.2d 1247 (Indiana Court of Appeals, 2006)
In Re TH
856 N.E.2d 1247 (Indiana Court of Appeals, 2006)
Hite v. Vanderburgh County Office of Family & Children
845 N.E.2d 175 (Indiana Court of Appeals, 2006)
In Re ALH
774 N.E.2d 896 (Indiana Court of Appeals, 2002)
Evans v. St. Joseph County Office of Family & Children
774 N.E.2d 896 (Indiana Court of Appeals, 2002)
G.B. v. Dearborn County Division of Family & Children
754 N.E.2d 1027 (Indiana Court of Appeals, 2001)
Maybaum v. Putnam County Office of Family & Children
723 N.E.2d 951 (Indiana Court of Appeals, 2000)
T.Y.T. v. Allen County Division of Family & Children
714 N.E.2d 752 (Indiana Court of Appeals, 1999)
Hart v. Steel Products, Inc.
666 N.E.2d 1270 (Indiana Court of Appeals, 1996)
Hallberg v. Hendricks County Office of Family & Children
662 N.E.2d 639 (Indiana Court of Appeals, 1996)
Bauer v. Harris
617 N.E.2d 923 (Indiana Court of Appeals, 1993)
Matter of EH
612 N.E.2d 174 (Indiana Court of Appeals, 1993)
Thomas B.H. v. Marion County Department of Public Welfare
612 N.E.2d 174 (Indiana Court of Appeals, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
581 N.E.2d 948, 1991 WL 241745, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-em-indctapp-1991.