COA Discourages Interlocutory Appeals of CHINS Status Changes

From The Indiana Lawyer:

The Indiana Court of Appeals affirmed on interlocutory appeal a change in the permanency plan for two children from reunification to termination of parental rights while also cautioning that such trial court rulings are “generally not suitable for interlocutory review.”

The appeal pertains to a children in need of services case involving a “nontraditional couple” who have a long history with the Department of Child Services. In 2006, DCS brought sexual misconduct claims against C.Q., now 79, involving R.O., now 27, when R.O. was 15 years old. Since then, however, R.O. and C.Q. have continued their relationship and have three children together: A.Q., K.Q., and R.Q.

Claims of neglect of A.Q. and K.Q. were filed after a domestic-violence incident between the mother and father in 2013. Two months later, A.Q. and K.Q. both presented with injuries, and DCS again substantiated claims of neglect against mother and father. The two children were later removed from the home and adjudicated as CHINS. But after engaging in services with DCS, the parents regained care of the children.

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