In the Matter of: N.A. (Minor Child) A Child in Need of Services and B.L. (Mother) v. The Ind. Dept. of Child Services (mem. dec.) ( 2016 )

MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D), this Mar 07 2016, 8:23 am
Memorandum Decision shall not be
regarded as precedent or cited before any
court except for the purpose of establishing
the defense of res judicata, collateral
estoppel, or the law of the case.
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE
Steven J. Halbert Gregory F. Zoeller
Carmel, Indiana Attorney General of Indiana
Robert J. Henke
James D. Boyer
Deputy Attorneys General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
In the Matter of: March 7, 2016
N.A. (Minor Child) Court of Appeals Case No.
49A05-1506-JC-667
A Child in Need of Services
Appeal from the Marion Superior
and Court
B.L. (Mother) The Honorable Marilyn A. Moores,
Judge
Appellant-Respondent,
The Honorable Danielle P.
v. Gaughan, Magistrate
Trial Court Cause No.
The Indiana Department of Child 49D09-1503-JC-968
Services
Appellee-Petitioner.
Court of Appeals of Indiana | Memorandum Decision 49A05-1506-JC-667 | March 7, 2016 Page 1 of 5
Robb, Judge.
Case Summary and Issue
[1] N.A. is the child of R.A (“Father”) and B.L. (“Mother”). In March 2015, the
Indiana Department of Child Services (“DCS”) filed a petition alleging N.A.
was a child in need of services (“CHINS”). Following a fact-finding hearing as
to Mother but before a fact-finding hearing was held as to Father, the juvenile
court adjudicated N.A. a CHINS. Mother appeals, raising the sole issue of
whether her due process rights were violated when the juvenile court
adjudicated N.A. a CHINS before conducting a fact-finding hearing as to both
parents. Concluding the juvenile court did not deprive Mother of due process,
we affirm.
Facts and Procedural History
[2] In early 2014, DCS initiated an investigation into the well-being of Mother’s
other children, B.C. and G.A., after receiving a report that Father abused
Mother;1 Mother had not yet given birth to N.A. Father and Mother lived
together, but they were not married. Following the investigation, DCS filed a
petition alleging each child was a CHINS. Mother subsequently admitted the
allegations set forth in the petition, and the juvenile court adjudicated each
1
The record indicates Mother and Father had a prior substantiation in 2013 for domestic violence.
Court of Appeals of Indiana | Memorandum Decision 49A05-1506-JC-667 | March 7, 2016 Page 2 of 5
child a CHINS. Because of the history of domestic violence, DCS instituted a
safety plan.
[3] In December 2014, Mother gave birth to N.A. In March 2015, another incident
of domestic violence occurred between Mother and Father. On March 23, DCS
filed a petition alleging N.A. was a CHINS. Specifically, DCS alleged Mother
violated the safety plan. On the same day, the juvenile court held a joint
detention and initial hearing and removed N.A. from Mother’s custody.
Mother attended the hearing, but Father did not attend.
[4] On April 24, 2015, the juvenile court scheduled Mother’s fact-finding hearing
for May 18, 2015. The juvenile court did not schedule a fact-finding hearing as
to Father because Father did not appear at any of the pre-trial hearings. On
May 18, Mother and Father attended Mother’s fact-finding hearing. Because
this was Father’s first appearance, the juvenile court conducted an initial
hearing as to Father and scheduled a pre-trial hearing for June 5, 2015. During
Mother’s portion of the hearing, DCS presented evidence that Mother had
violated the safety plan. Mother testified she called the police after getting into
an altercation with Father but denied violating the safety plan. At the
conclusion of Mother’s fact-finding hearing, the juvenile court adjudicated N.A.
Court of Appeals of Indiana | Memorandum Decision 49A05-1506-JC-667 | March 7, 2016 Page 3 of 5
a CHINS. Mother now appeals the juvenile court’s order adjudicating N.A. a
CHINS.2
Discussion and Decision
[5] Mother contends the juvenile court violated her due process rights in
adjudicating N.A. a CHINS before Father’s fact-finding hearing. “Due process
protections bar state action that deprives a person of life, liberty, or property
without a fair proceeding.” In re L.C., 23 N.E.3d 37, 40 (Ind. Ct. App. 2015)
(internal quotation marks and citation omitted), trans. denied. It is well-
established “a CHINS determination establishes the status of a child alone.” In
re N.E., 919 N.E.2d 102, 106 (Ind. 2010). Therefore, “the conduct of one parent
can be enough for a child to be adjudicated a CHINS.” Id. Because the
conduct of one parent can be enough for a child to be adjudicated a CHINS,
due process generally does not require a separate analysis as to each parent
before a juvenile court adjudicates a child a CHINS. In re L.C., 23 N.E.3d at
39.
[6] Here, Mother had an opportunity to testify, present evidence on her own behalf,
and cross-examine DCS’ witnesses; Father, however, did not. In situations
2
On appeal, Mother does not argue the evidence was insufficient to support the juvenile court’s order
adjudicating N.A. a CHINS.
Court of Appeals of Indiana | Memorandum Decision 49A05-1506-JC-667 | March 7, 2016 Page 4 of 5
such as this where the juvenile court adjudicates a child a CHINS following a
fact-finding hearing as to the first parent, but before a fact-finding hearing as to
the second parent, it is the second parent who, in some circumstances, may
potentially have a due process claim, not the first parent. We interpret
Mother’s argument as an attempt to challenge Father’s possible due process
claim on his behalf, but Mother is not the proper person to invoke our power.
See Schloss v. City of Indianapolis, 533 N.E.2d 1204, 1206 (Ind. 1990) (“The
judicial doctrine of standing focuses on whether the complaining party is the
proper person to invoke the court’s power.”). Therefore, the juvenile court did
not deprive Mother of due process.
Conclusion
[7] We conclude the juvenile court did not violate Mother’s due process rights.
Accordingly, we affirm.
[8] Affirmed.
Barnes, J., and Altice, J. concur.
Court of Appeals of Indiana | Memorandum Decision 49A05-1506-JC-667 | March 7, 2016 Page 5 of 5