CHINS Decision Reversed, Lack of Evidence Showing Child Needed Services

Mother is the sole adoptive parent of Child, who was born on November 13,  2006. On February 3, 2017, Detective Joshua Morgan, an officer with the behavioral health unit of the Indianapolis Metropolitan Police Department (“IMPD”), and Tammy Johnson, a mobile crisis specialist with Eskenazi Hospital, went to a hotel room where Mother and Child were living.

Detective Morgan had been alerted by someone that Mother might be in crisis, and so he had contacted her by telephone to see whether she needed any help. Mother initially denied needing help, but she proceeded to leave Detective Morgan twenty-five voice mails over the following two days, which led Detective Morgan and Johnson to make the in-person visit.   When Detective Morgan and Johnson arrived at the hotel room, Child was at school, and Mother was packing their things to move to another hotel. Mother stated that they were “no longer welcome” at that hotel. Tr. at 10.

Mother also stated that she “was hearing voices through the TV from a former employer[.]  [S]he couldn’t really make out what the voices were saying to her, but that they were following her wherever she was going.” . . .

The trial court held a dispositional hearing on June 22. This appeal ensued.

Read the entire opinion here.

Randall Parr is an Indianapolis attorney. He has handled many DCS, CPS, and CHINS cases.  If you face DCS allegations, contact Randall Parr immediately to protect yourself and your family.

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