In the Matter of: J.C. and A.M.C. (Minor Children), Children in Need of Services, and A.K.C. (Mother) v. Indiana Department of Child Services , 2013 Ind. App. LEXIS 655 ( 2013 )

Dec 19 2013, 10:17 am
FOR PUBLICATION
ATTORNEY FOR APPELLANT: ATTORNEYS FOR APPELLEE:
CAROLYN J. NICHOLS GREGORY F. ZOELLER
Noblesville, Indiana Attorney General of Indiana
ROBERT J. HENKE
CHRISTINE REDELMAN
Office of the Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
IN THE MATTER OF: )
J.C. and A.M.C. (Minor Children), )
CHILDREN IN NEED OF SERVICES, and )
)
A.K.C. (Mother), )
)
Appellant/Respondent, )
)
vs. ) No. 29A04-1305-JC-216
)
INDIANA DEPARTMENT OF )
CHILD SERVICES, )
)
Appellee/Petitioner. )
APPEAL FROM THE HAMILTON CIRCUIT COURT
The Honorable Paul A. Felix, Judge
The Honorable Todd L. Ruetz, Master Commissioner
Cause Nos. 29C01-1210-JC-1559 and 29C01-1210-JC-1560
December 19, 2013
OPINION - FOR PUBLICATION
CRONE, Judge
Case Summary
A.K.C. (“Mother”) appeals a trial court adjudication designating her two sons as
children in need of services (“CHINS”). Finding the evidence sufficient to support J.C.’s
designation as a CHINS, we affirm with respect to J.C. Finding the evidence insufficient
with respect to A.M.C., we vacate his designation as a CHINS.
Facts and Procedural History1
Mother has two sons, J.C., born March 1997, and A.M.C., born April 2001. In
December 2011, high school freshman J.C. was arrested and charged with possession of drug
paraphernalia. In March 2012, Mother signed an agreement pursuant to which J.C. would
receive six months of informal probation, in return for which he would not be expelled,
subject to abiding by the conditions contained in the agreement. The conditions included
attending substance abuse assessments and counseling and meeting monthly with his
probation officer, Amy Turean. When J.C. failed to appear for his monthly meeting in June
2012, Officer Turean phoned Mother and reminded her that J.C.’s failure to attend could
result in his being turned over to the prosecutor for formal probation. J.C. attended his July
meeting with Officer Turean but failed to attend his August meeting.
In the fall of 2012, J.C. (then a sophomore) and A.M.C. (then age eleven) were truant
for several days. As a result, Officer Turean and the Carmel police conducted a welfare
check at the home. Both boys were home, and Mother was not. J.C. said that he was ill, did
1
The statement of facts in Mother’s brief is argumentative. We remind Mother’s counsel that the
statement of facts section of an appellant’s brief shall not contain subjective argument. Ind. Appellate Rule
46(A)(6), -(8); New v. Pers. Representative of Estate of New, 938 N.E.2d 758, 765 (Ind. Ct. App. 2010), trans.
denied (2011).
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not have clean clothes to wear, and had been bullied at school. Officer Turean phoned
Mother, who never responded to the call. When J.C. told the probation officer and school
guidance counselor that he had considered suicide and had engaged in cutting himself,
Officer Turean phoned Mother again and instructed her to take J.C. to a nearby hospital for a
mental health evaluation. Mother complied.
The Department of Child Services (“DCS”) filed CHINS petitions for J.C. and A.M.C.
in October 2012, citing both boys’ truancy and citing J.C.’s probation, substance abuse,
mental health issues, suicidal ideations, self-mutilation, and consternation associated with
impregnating his girlfriend. The petitions also cited Mother’s failure to communicate with
school personnel and J.C.’s probation officer and her nonresponsiveness to their phone calls
concerning the needs of the children.
Officer Turean extended J.C.’s informal probation for three months. J.C. admitted to
Officer Turean that he had experimented with illegal drugs during his probation. After
numerous negative drug screens, J.C. tested positive for marijuana and amphetamines in
November and December 2012. Eventually, Officer Turean referred him to the prosecutor
for formal probation.
Following a factfinding hearing in February 2013 and a dispositional hearing in April
2013, the trial court issued dispositional orders designating both J.C. and A.M.C. as CHINS.
Mother now appeals the CHINS determinations for both boys. Additional facts will be
provided as necessary.
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Discussion and Decision
Mother claims that the trial court erred in designating J.C. and A.M.C. as CHINS. In
a CHINS proceeding, we review for clear error. In re K.D., 962 N.E.2d 1249, 1253 (Ind.
2012). In conducting our review, we neither reweigh evidence nor judge witness credibility;
rather, we consider only the evidence and reasonable inferences most favorable to the trial
court’s decision. Id.In a CHINS proceeding, the State bears the burden of proving by a preponderance of
the evidence that a child meets the statutory definition of a CHINS. In re N.E., 919 N.E.2d
102, 105 (Ind. 2010). To meet its burden of establishing CHINS status, the State must prove
that the child is under age eighteen,
(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.
Ind. Code § 31-34-1-1.
A CHINS designation focuses on the condition of the child rather than on an act or
omission by the parent. N.E., 919 N.E.2d at 105. Whereas 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
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own health or the health of another individual; or when a child is adjudicated a
CHINS because the parents lack the financial ability to meet the child’s
extraordinary medical needs.
While we acknowledge a certain implication of parental fault in many
CHINS adjudications, the truth of the matter is that a CHINS adjudication is
simply that—a determination that a child is in need of services. Standing alone,
a CHINS adjudication does not establish culpability on the part of a particular
parent. Only when the State moves to terminate a particular parent’s rights
does an allegation of fault attach. We have previously made it clear that
CHINS proceedings are “distinct from” involuntary termination proceedings.
The termination of the parent-child relationship is not merely a continuing
stage of the CHINS proceeding. In fact, a CHINS intervention in no way
challenges the general competency of a parent to continue a relationship with
the child.
Id. (citations omitted). Because each CHINS determination is focused on the condition of the
individual child, we address Mother’s children separately.
I. J.C.
Mother asserts that the evidence is insufficient to support the trial court’s designation
of J.C. as a CHINS. In its CHINS petition, DCS made the following allegations with respect
to J.C.:
a.) On or between 8/13/12 and 9/11/12, the child has missed approximately
half of the scheduled school days, without authorization or excuse.
b.) The child is on probation for a substance abuse juvenile delinquency
true finding, and self-reports continued use of illegal drugs.
c.) The child has engaged in self-harming behaviors, including cutting
himself. He expresses suicidal thoughts, and is not appropriately
utilizing mental-health medications to address his current diagnosis of
Major Depressive Disorder.
d.) The child frequently leaves the family home without permission, and
remains away from the home without reporting his whereabouts or
when he will return. The child is also expecting the birth of a child
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through a high-school girlfriend, and is overwhelmed at the prospect of
his pending parental responsibilities.
[e.)] The child’s mother does not engage with treatment providers, the
child’s probation officer, or the child’s school, to address the numerous
issues that the child has expressed or exhibits. She has failed to
participate in communication with DCS, the probation officer, or the
school counselors, and has failed to fulfill parental obligations.
Appellant’s App. at 42-43.
The record shows that in December 2011, J.C. was arrested and charged with
possession of drug paraphernalia. In March 2012, he was placed on a six-month informal
probation, subject to certain conditions. If he met the conditions, he would not be expelled
from school. Mother signed an agreement taking responsibility for helping J.C. complete the
requirements of his informal probation, i.e., completing a drug and alcohol assessment,
writing a paper, and meeting with his probation officer monthly. Mother failed to bring J.C.
to two of his summer appointments with Officer Turean. The officer testified that she had
left unreturned voicemail messages for Mother. She also testified that J.C. had admitted to
experimenting with drugs such as LSD, peyote, and marijuana during his probation period.
His drug screens came back negative until November and December 2012, when he tested
positive for marijuana and amphetamines. His informal probation was deemed unsuccessful,
and he was eventually referred to the prosecutor’s office for formal probation. To stay in
good standing at school, J.C. was required to meet regularly with a guidance counselor and to
participate in drug treatment and community service. Mother took him to the drug treatment
program, which he eventually completed. The school counselor testified that Mother was
difficult to reach and was unresponsive when she called to inquire about J.C.’s ten-day
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truancy. The DCS family case manager also reported difficulty in getting Mother to return
his phone calls. With respect to J.C.’s mental health and depression issues, J.C. told his
counselor and probation officer that he had been suicidal and had engaged in cutting (self-
mutilation). Mother did respond to Officer Turean’s instructions to take J.C. for a mental
health evaluation.
Mother admits that J.C. has had a troubled past and made poor choices. However, she
claims that court intervention is not necessary to ensure that his problems are addressed. As
support, she cites her efforts to take him to drug treatment and mental health programs and
evaluations as evidence of her vigilance in addressing his problems. In this vein, we note
that the prevailing theme throughout the testimony by the probation officer, counselors, and
family case manager illustrated Mother’s pattern of poor communication and failure to
respond to messages concerning J.C.’s treatments, school attendance, and legal
circumstances. Notwithstanding, we reiterate that a CHINS determination is not focused
primarily on the parent’s acts or omissions, but rather, on the child’s condition. Moreover, to
the extent that she challenges the evidence concerning J.C.’s impregnating his girlfriend,
testing positive for drugs, or physically harming himself, she invites us to reweigh evidence
and judge witness credibility, which we may not do.
In short, the evidence supports the trial court’s designation of J.C. as a CHINS.
Consequently, we affirm the trial court in this respect.
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II. A.M.C.
Mother also asserts that the evidence is insufficient to support the trial court’s
designation of A.M.C. as a CHINS. In its CHINS petition, DCS made the following
allegations with respect to A.M.C.:
a.) On or between 8/13/12 and 9/11/12, the child has missed approximately
seven scheduled school days, without authorization or excuse.
b.) The child’s sibling is on probation for a substance abuse juvenile
delinquency true finding, and self-reports continued use of illegal
drugs.
c.) The child’s sibling has engaged in self-harming behaviors, including
cutting himself. He [the sibling] expresses suicidal thoughts, and is not
appropriately utilizing mental-health medications to address his current
diagnosis of Major Depressive Disorder.
d.) The child’s sibling frequently leaves the family home without
permission, and remains away from the home without reporting his
whereabouts or when he will return. The child[’s sibling] is also
expecting the birth of a child through a high-school girlfriend, and is
overwhelmed at the prospect of his pending parental responsibilities.
[(e.)] The child’s mother does not engage with treatment providers, the
sibling’s probation officer, or the child’s school, to address the
numerous issues that the sibling has expressed or exhibits. She has
failed to participate in communication with DCS, the probation officer,
of the school counselors, and has failed to fulfill parental obligations.
Id. at 44-45 (emphases added).
We reiterate that each CHINS determination is very specific to the condition of that
particular child. Here, both of the children’s CHINS petitions emphasize J.C.’s problems of
substance abuse, depression, unknown whereabouts, and girlfriend’s pregnancy. The only
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allegation in A.M.C.’s petition that pertains directly to A.M.C. is his seven-day truancy.2 The
record is devoid of evidence indicating that his absences for a relatively brief period seriously
endangered him or that truancy has continued to be a problem for A.M.C. Likewise, neither
the petition nor the evidence reveals any specific ways in which J.C.’s problems with
substance abuse, depression-related behaviors, or impending fatherhood have had a
dangerous or negative impact on A.M.C. Without such evidence, there is no basis for
adjudicating A.M.C. a CHINS.
Simply put, DCS failed to meet its burden of demonstrating that A.M.C.’s condition
was seriously endangered. Based on the foregoing, we conclude that the trial court clearly
erred in designating A.M.C. as a CHINS. Accordingly, we vacate the CHINS adjudication
with respect to A.M.C.
Affirmed in part and vacated in part.
BAKER, J., and NAJAM, J., concur.
2
The State admits that “the only evidence regarding child A.M.C. is that the child missed seven days
of school in September of 2012 and had a skin condition that needed treatment.” Appellee’s Br. at 12.
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