NEWS

Indiana Court of Appeals: Juvenile judge erred by putting kids in child welfare system

Despite previous evidence of neglect, the appellate court chastised the judge and DCS in the most recent case for wasting limited resources.

Marisa Kwiatkowski
IndyStar

Marion Juvenile Court officials ordered four children into the child welfare system despite "wholly lacking" evidence of the need to do so, the Indiana Court of Appeals decided Monday.

The appellate judges reversed the juvenile court's decision. In a unanimous opinion, the appeals court determined the Indiana Department of Child Services had failed to prove the children were seriously endangered, failed to prove the parents were unable or unwilling to properly care for the children and failed to prove the intervention of the court was necessary.

Magistrate Danielle Gaughan decided the juvenile case, and her order was approved by Marion Juvenile Court Judge Marilyn Moores. On Tuesday, Moores said the judicial code of conduct prohibited her from commenting on a pending case.

DCS spokesman James Wide said the agency received the appellate court's decision and will be meeting with legal counsel to decide how to address the case.

DCS officials filed the Child In Need of Services petitions, also known as CHINS, in December 2014, after the youngest child tested positive for marijuana when he was born, court records state. The boy's mother tested negative for marijuana at that time.

The woman, who was not named in the opinion, admitted she had smoked marijuana once while she was pregnant but before she knew about it. She said she stopped as soon as she found out she was pregnant, court records state.

According to the opinion, DCS had found evidence of neglect against the parents three times before — twice involving domestic violence among the parents and once for marijuana use by the mother while she was pregnant.

In this most recent case, the boy's mother voluntarily took random drug screens about every two weeks from January through April. All of her drug screens came back negative, according to court records. She also participated in home-based therapy.

The youngest child's father, who struggled with substance abuse, voluntarily moved out of the home so the children wouldn't be exposed to his drug use, records state. But he still paid rent and utilities for the family. The boy's mother testified she could maintain housing and stability for her kids, even if her son's father asked them to move out.

In the opinion written by Judge John Baker, the appeals court said "there is no evidence in the record that at any point in time any of the children were endangered." There also was no evidence they ever lacked food, shelter, love or care, according to the opinion.

Attorney Danielle Gregory, who represented the children's mother, could not immediately be reached for comment.

"The juvenile court found four children to be in need of services when the record is devoid of evidence supporting such a finding," Baker wrote in the opinion.

"We are well aware that DCS and the courts are overwhelmed with the growing numbers of CHINS cases statewide," he wrote. "All would be better served if the system focused its time, efforts and resources on the families who really need them. This one did not."

Call Star reporter Marisa Kwiatkowski at (317) 444-6135. Follow her on Twitter: @IndyMarisaK.