State of Indiana

11/19/2024 | Press release | Distributed by Public on 11/19/2024 15:12

[SUPREME] Rescheduled from Nov. 19, 2024 In the Matter of E.K. (Minor Child), Child in Need of Services; J.S. (Mother) v. Indiana Department of Child Services, No. 24S JC 00300

Rescheduled from Nov. 19, 2024.

Mother asked the Department of Child Services for help with fourteen-year-old E.K.'s concerning behaviors. DCS filed a petition alleging E.K. was a Child in Need of Services under the "CHINS 1" statute-inability, refusal, or neglect-but later moved to dismiss its petition. When E.K.'s parents refused to take E.K. back into their care, DCS filed another "CHINS 1" petition. Mother asked the Whitley Circuit Court to instead adjudicate E.K. under the "CHINS 6" statute-for children whose actions substantially endanger their own or another's health. But the trial court denied this motion and adjudicated E.K. a "CHINS 1." The Court of Appeals affirmed. In the Matter of E.K., 23A-JC-2909 (Ind. Ct. App. May 6, 2024) (mem.), vacated. The Indiana Supreme Court has granted Mother's petition to transfer and assumed jurisdiction over this case.