In the Matter of A.R., A.S., L.S., and J.O., Children Alleged to be Children in Need of Services; M.O. (Mother), Appellant-Respondent,
v.
Indiana Department of Child Services, Appellee-Petitioner.
Appeal
from the Tippecanoe Superior Court Cause
Nos.79D03-1806-JC-173, 79D03-1806-JC-174, 79D03-1806-JC-175,
79D03-1806-JC-176 The Honorable Faith A. Graham, Judge, The
Honorable Tricia L. Thompson, Juvenile Magistrate
Attorney for Appellant Steven Knecht Vonderheide &
Knecht, P.C. Lafayette, Indiana
Attorneys for Appellee Curtis T. Hill, Jr. Attorney General
of Indiana Natalie F. Weiss Deputy Attorney General
Indianapolis, Indiana
NAJAM,
JUDGE.
Statement
of the Case
[¶1]
M.O. ("Mother") appeals the trial court's
adjudication of her four minor children, A.R., A.S., L.S.,
and J.O. (the "Children"), as children in need of
services ("CHINS"). Mother raises a single issue
for our review, which we restate as whether the trial court
erred when it adjudicated the Children to be
CHINS.[1] We conclude that the evidence does not
support the CHINS determination that the coercive
intervention of the court is required to protect the
Children. Accordingly, we reverse.
Facts
and Procedural History
[¶2]
In June 2018, Mother was pregnant and living at her
parents' house. At that time, Mother had three children:
A.R., born February 18, 2007; and A.S. and L.S., born March
9, 2015. On June 15, Mother's parents informed her that
she could no longer live at their house. That same day,
Mother checked into a hospital and gave birth to her fourth
child, J.O. Shortly after J.O.'s birth, the hospital
tested J.O.'s cord blood, which tested positive for
methamphetamine.
[¶3]
While Mother was still at the hospital, Indiana Department of
Child Services ("DCS") Family Case Manager
("FCM") Andrea Woodard spoke with Mother about
Mother's living situation. Mother admitted that she was
not sure where she was going to live when she left the
hospital. FCM Woodard also asked Mother about the presence of
methamphetamine in J.O.'s cord blood. Mother told FCM
Woodard that she did not know how methamphetamine got into
J.O.'s system, but that it "could've gotten
there from being around a friend" who was using
methamphetamine for approximately thirty minutes. Tr. Vol. II
at 12. After her conversation with Mother, FCM Woodward
determined that an emergency existed and removed the Children
from Mother's care "on the spot." Id.
[¶4]
On June 20, DCS filed a petition alleging that the Children
were CHINS. Specifically, DCS alleged that the Children were
CHINS due to Mother's homelessness. DCS additionally
alleged the J.O. was a CHINS because she had been born with
methamphetamine in her system. The next day, Mother, A.R.,
A.S., and L.S. submitted to a hair follicle test. Mother,
A.S., and L.S. all tested positive for methamphetamine, with
Mother's level being "fatal." Id. at
98.
[¶5]
The trial court held an initial hearing on the CHINS
petition. During that hearing, the trial court ordered Mother
to submit to drug tests. The court also approved Mother's
participation in parenting time if her drug tests came back
negative but ordered visitations to stop should Mother test
positive.
[¶6]
After DCS removed the Children from Mother's care, DCS
offered Mother case management and visitation services.
Mother met with her case manager, Molly Craig, once per week
and was doing "well." Id. at 20. Mother
also regularly participated in visitation with the
Children.[2] Mother visited with the Children three
days per week for two and one-half to three and one-half
hours per visit.
[¶7]
The trial court held a fact-finding hearing on the CHINS
petition on August 17 and 20. During the fact-finding
hearing, DCS presented evidence that, in 2009, Mother, who is
a registered nurse, had been convicted of possession of a
controlled substance, as a Class C felony, after she had
stolen prescription pain pills from patients. DCS also
presented as evidence the results of the June 21 hair
follicle test, which results indicated that Mother had tested
positive for methamphetamine on that date. DCS also called
Nathan Elkins, an employee in the permanency department of
DCS. Elkins testified that, during one random drug screen,
Mother admitted that she had used methamphetamine while she
was pregnant with J.O. and that the last time she had used
methamphetamine was approximately one month prior to
J.O.'s birth. Other than the June 21 hair follicle test,
DCS did not submit as evidence the result of any other drug
test during the fact-finding hearing. Rather, at the
dispositional hearing, Elkins testified that Mother was
"testing negative for everything" but her
prescriptions and that she had not tested positive for
methamphetamine "since the start of the case."
Id. at 127.
[¶8]
Elkins also testified regarding the visits between Mother and
the Children. Elkins testified that the visits have been
"outstanding . . . every time." Id. at 20.
Elkins stated that he "never had concerns" during
any of the visits that he had supervised and that the
Children "are very, very bonded to" Mother.
Id. at 20-21. Further, Marcus Jackson, who took over
supervising Mother's visitation with the Children on
August 1, testified that the visits between Mother and the
Children "are going really, really great" and that
Mother is "doing very well" with the Children.
Id. at 105. He further testified that Mother is
"parenting and providing everything they need" such
as "bottles, food, . . . all those things, and just . .
. bonding." Id. He also testified that Mother
does "a great job" at multitasking between the
Children. Id. Jackson further testified ...