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Tuesday, May 22, 2012

Ind. Decisions - Court of Appeals issues 1 today (and 3 NFP)

For publication opinions today (1):

In In the Matter of V.H.; J.H. v. Indiana Dept. of Child Services , a 15-page opinion, Judge Baker writes:

Here, a single mother of two teenage daughters was faced with a situation that is, unfortunately, not that uncommon to many parents of teenagers. On two occasions, the mother’s sixteen-year-old daughter, who outweighed her by about thirty pounds, became physically aggressive with her during an argument. To diffuse the situation, the mother called the police, who then reported the incidents to the Department of Child Services (DCS). The DCS investigated, and although it was determined that the daughter had been the aggressor in both incidents, the DCS filed a petition alleging that the daughter was a Child in Need of Services (CHINS) because of the mother’s failure to provide her with necessary care. The juvenile court granted this petition and ordered the mother to participate in services that were unrelated to the CHINS adjudication. We hold that the adjudication and the participation decree are erroneous.

J.H. (Mother) appeals the juvenile court’s order adjudicating her sixteen-year-old daughter, V.H., to be a CHINS. Mother argues that the DCS failed to prove that V.H. is a CHINS because there is no evidence that V.H. has suffered abuse or neglect or that the coercive intervention of the court is necessary for her to provide V.H. with the help that she needs to address her behavioral issues. Mother also contends that the juvenile court erred by ordering her to complete services unrelated to the CHINS adjudication. Concluding that the juvenile court erred by adjudicating V.H. to be a CHINS and by ordering services in the participation decree that were unrelated to the adjudication, we reverse the adjudication and vacate the participation decree.

NFP civil opinions today (1):

Ohio Farmers Insurance Company and S.C. Nestel, Inc. v. Indiana Drywall & Acoustics, Inc. (NFP)

NFP criminal opinions today (2):

Dwayne Rhoiney v. State of Indiana (NFP)

Charles E. Justise, Sr. v. State of Indiana (NFP)

Posted by Marcia Oddi on May 22, 2012 10:45 AM
Posted to Ind. App.Ct. Decisions