Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Br.B.

Court of Appeals of Indiana

December 20, 2019

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,
v.
Indiana Department of Child Services, Appellee-Petitioner

          Appeal 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, Indiana

          ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General Robert J. Henke Deputy Attorney General Indianapolis, Indiana

          CRONE, JUDGE

         Case Summary

         [¶1] 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.

         Facts and Procedural History

         [¶2] 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.

         [¶3] 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:[1]

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 Father's house.
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 room.
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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.