S.J. v. Ind. Dep't of Child Servs. (In re C.B.) (2024)

Foley, Judge.

[¶1] S.J. ("Mother[1]") appeals from the juvenile court's order adjudicating C.B. ("Child") to be a child in need of services ("CHINS"). Mother raises several issues for our review, which we consolidate and restate as:

Facts and Procedural History

[¶3] On October 27, 2021, a driver informed Trooper Smith that a person in a white SUV "had shot at her vehicle" and that "three people got out of the vehicle and busted her window with bats." Tr. Vol. II p. 15. Trooper Smith observed the white SUV fleeing the scene "at a high rate of speed." Id. at 16. Trooper Smith "activated [his] lights and sirens" and immediately pursued the white SUV. Id. The white SUV did not stop until the driver parked at an apartment complex. Mother got out of the driver's side door of the white SUV and three juveniles- one of them holding Child-got out of the passenger side of the white SUV. Trooper Smith drew his gun and told Mother to get on the ground. The three juveniles[2]-one of them still holding Child-ran inside the apartment. Trooper Smith ordered them to come back outside of the apartment, and once they did, he secured everyone. Trooper Smith observed a "shell casing on the front windshield of the SUV that [Mother] got out of." Id. at 17. Trooper Smith obtained a search warrant for the apartment and the SUV. Trooper Smith searched Mother's vehicle and found, in addition to the shell casing in the windshield area, a shell casing on the seat and a bag on the passenger side seat floor area that contained a handgun. Trooper Smith also searched Mother's apartment and found various types of narcotics in different areas of the apartment, a handgun with ammunition in a purse in Mother's closet, marijuana, cocaine, pills, and some other items in Mother's bookbag.

[¶4] Mother was arrested. Because Trooper Smith had safety concerns for the three juveniles and Child, Indiana Department of Child Services ("DCS") "received a report and assessment relating to child endangerment" and reported to Mother's apartment. Id. at 54. DCS Family Case Manager Cummings ("FCM Cummings") attempted to speak with Mother, but Mother was not cooperative. FCM Cummings observed Mother's apartment and saw marijuana on the floor in one of the bedrooms, "marijuana that had been rolled up on top of a PlayStation in a different bedroom," an unsecured firearm in Mother's closet, marijuana tucked inside a bag, and marijuana underneath Mother's bed. Id. at 55. DCS recommended that Child be placed in relative care "due to the illegal substances that were found and all the incidents that had happened with the police pursuit and having [Child] in the car and endangering [her] in that way[.]" Id. at 57.

[¶5] On October 28, 2021, DCS researched Mother's criminal history which consisted of possession of marijuana, battery/criminal mischief, and multiple convictions of driving while suspended: knowing violation and prior conviction within 10 years. DCS recommended filing of a petition alleging Child to be a CHINS and an out of home placement for Child because Mother "has failed to provide a home free from illegal substances and criminal activity." Appellant's App. Vol. II p. 40. On October 29, 2021, an initial hearing was held, and the juvenile court ordered that Child be placed in relative care. On November 19, 2021, a pre-trial hearing was held and the juvenile court ordered Child's placement remain the same. The juvenile court conducted a fact-finding hearing on February 18, 2022, and March 1, 2022. On March 29, 2022, the juvenile court issued its "Fact Finding Ruling Order" and adjudicated Child a CHINS ("CHINS Order"). The juvenile court conducted a dispositional hearing on April 29, 2022, and May 2, 2022, and then entered the dispositional order on May 2, 2022.[3]

[¶6] At the fact finding hearing, Trooper Smith testified regarding his observations and interactions with Mother on October 27, 2021. Mother's home-based caseworker testified that Mother's supervised visits were closed as unsuccessful because she was not able to contact nor locate Mother. Mother's mental health therapist testified that Mother's counseling services were closed as unsuccessful because Mother did not contact her. Mother's home-based case manager testified that Mother told her she did not need her services before she had the opportunity to start working with Mother. FCM Cummings testified regarding her interactions with Mother and observations of Mother's apartment on October 27, 2021. FCM Azeezat Hammed ("FCM Hammed") testified that DCS was recommending that Mother take part in "home-based therapy, parenting assessment, substance abuse assessment and [ ] random drug screening," because Mother "ha[d] not been so cooperative." Tr. Vol. II pp. 71-72.

[¶7] The CHINS Order states, in pertinent part, that:

5. On or about 10/27/21, Mother was driving a white SUV in Indianapolis, Marion County, Indiana and was involved in a collision with another vehicle. At the time, the Child, as well as three other children, were in Mother's vehicle. Following the collision, Mother fired a handgun at the scene and the three other children smashed a window out of the other vehicle.
....
7. Trooper Smith attempted to stop Mother's vehicle following the aforementioned incidents on 10/27/21, however Mother fled from Trooper Smith in her vehicle with the Child and other three children and engaged in a high speed pursuit which ended at her apartment complex. At that time, Mother exited the vehicle and the four children rushed into the apartment.
8. Trooper Smith and ISP obtained warrants to search Mother's car and apartment on 10/27/21.
9. Trooper Smith and ISP found shell casings on the windshield and seat of Mother's vehicle as well as a bag containing a handgun on the passenger side floor.
10. Trooper Smith and ISP found additional unsecured firearms inside Mother's apartment.
11. Trooper Smith and ISP found what, based upon his training and experience, was recognized as marijuana, cocaine, and pills in Mother's apartment. Due to the quantity of the drugs found and the packaging of the same, some of the drugs appeared to be prepared for dealing.
12. The drugs and firearms located by Trooper Smith and ISP inside Mother's vehicle and apartment were accessible to the Child.
13. Trooper Smith had serious safety concerns for the Child on 10/27/2 l, due to her presence in Mother's vehicle during the high speed chase and her exposure to drugs and firearms in Mother's vehicle and apartment.
14. Trooper Smith and ISP arrested Mother on [10/27/21] for dealing, intimidation, criminal mischief, resisting, and possession of paraphernalia.
....
19. FCM Cummings observed what, through her training and experience, she recognized as marijuana and firearms in Mother's apartment.
20. FCM Cummings attempted to interview Mother at the apartment on [10/27/21], however, Mother refused to cooperate or even answer demographic questions.
21. Father was at Mother's apartment on 10/27/21 and was interviewed by FCM Cummings. Father was not cooperative with FCM Cummings and he refused to submit to a random drug screen offered by FCM Cummings.
22. Due to safety concerns for the Child, including her exposure to drugs and firearms, the uncooperative nature of Mother and Father during the initial assessment, and Father's refusal to submit to an offered drug screen, DCS removed the Child from the home and the care of her parents on 10/27/21.
23. The Child was placed in relative care with her Maternal Aunt on 10/27/21 and she is currently in this relative placement as ordered by the Court.
24. Since the Child's removal, Mother has been offered a number of voluntary services by DCS, including home based case management, home based therapy, random drug screens, and supervised parenting time. The services were offered to address the concerns DCS has regarding Mother's sobriety and stability, as well as to maintain her bond with the Child.
25. Mother was unsuccessfully discharged from home based case management and home based therapy due to her failure to communicate with the service providers and cooperate with the services.
....
27. Since the Child's removal, Father has been offered voluntary services by DCS, including a parenting assessment, random drug screens, and supervised parenting time. The services were offered to address concerns DCS regarding Father's

...

S.J. v. Ind. Dep't of Child Servs. (In re C.B.) (2024)
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