In the Matter of Br.B., M.B., and BA.B. (Minor Children), Children in Need of Services, and B.B. (Father) and S.B. (Mother), Appellants-Respondents,
Indiana Department of Child Services, Appellee-Petitioner
from the Marion Superior Court The Honorable Mark A. Jones,
Judge The Honorable Diana J. Burleson, Magistrate Trial Court
Cause Nos. 49D15-1901-JC-72, -73, -74
ATTORNEY FOR APPELLANTS Danielle L. Gregory Indianapolis,
ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General
Robert J. Henke Deputy Attorney General Indianapolis, Indiana
B.B. ("Father") and his wife, S.B.
("Mother") (collectively "Parents"),
appeal the trial court's determination that their three
minor children, Br.B., M.B., and BA.B. (collectively
"Children"), are children in need of services
("CHINS"). Parents argue that the trial court erred
in denying their motion to dismiss for lack of venue and in
admitting certain evidence, and that the Indiana Department
of Child Services ("DCS") failed to establish that
Children's needs are unlikely to be met without coercive
court intervention. We affirm.
and Procedural History
Father and Mother are the parents of three minor children:
Br.B., born in 2012, M.B., born in 2013, and BA.B., born in
2016. Mother is also the parent, and Father is the
stepparent, of Ma.B., who was born in 2009. In January 2019,
DCS received a report of child abuse or neglect regarding all
four children. DCS Family Case Manager ("FCM")
Nicole Gibney interviewed Parents and the three oldest
children and substantiated the report as to Father. All four
children were removed from Parents' care and placed with
relatives. DCS filed a petition alleging that all four
children are CHINS based on Parents' failure to provide
them "with a safe, stable, and appropriate living
environment free from physical abuse and violence."
Appellants' App. Vol. 2 at 75.
After a factfinding hearing, the trial court issued an order
in which it determined that all four children are CHINS based
on the following relevant findings:
17. Br.B. … testified at the trial from another part
of the building via telecommunication.
18. Br.B. does not want to go home because his father is
mean. He fed him and his brother worms.
19. For discipline, Br.B. says his father washes his and
his sister's mouth out with soap. His father said that
he will kill auntie.
20. Br.B. wants to go home and live with his mother but not
if his father is there.
21. Br.B.'s father told him that if he told anybody
that he will kick their ass.
22. When asked if he liked vegetables, Br.B. answered that
he hates his dad.
23. Br.B. does not like school because it is right by
24. Ma.B. … testified at the trial from another part
of the building via telecommunication.
25. Ma.B. doesn't want to see Father because he is
dangerous and tried to hurt Ma.B.
26. Ma.B. elaborated that Father, his stepfather, would not
feed him when he said he was hungry, and sent him to his
27. According to Ma.B., Father disciplines him with a belt,
ruler and paddle.
28. One time Ma.B. was at home watching TV, and Father hit
him with a belt and left marks on him. The next day Father
hit him with a ruler, switch, and a paddle. Father said
that if Ma.B. told anybody he was going to kill him.
29. Ma.B. wants to go home but only if Father is not there.
He does not love Father because he is mean to Ma.B.
30. Spencer Ryan was assigned to work with Father on home
based case management and Father Engagement.
31. Father told Mr. Ryan that these stories from the
children were fabrications by his wife's mother due to
her wanting money. He said that grandmother was changing
their appearance, buying them toys and bribing them.
32. Father disciplines the children using foods. He bases
the discipline on what a particular child does not like,
for example, one doesn't like sweets and another
doesn't like vegetables.
33. Mr. Ryan has concerns about Father's modes of
discipline and recommends services to help him work on the
way he disciplines the children.
34. Father disciplines the children by slapping their
fingers, and hands; making them eat ...