In re M.R., 031419 INCA, 18A-JC-2076

Docket Nº:18A-JC-2076
Opinion Judge:Bailey, Judge.
Party Name:In the Matter of M.R. and T.L. (Children in Need of Services) v. The Indiana Department of Child Services, Appellee-Petitioner. A.R. (Mother), Appellant-Respondent,
Attorney:Attorney for Appellant Gregory L. Fumarolo Fort Wayne, Indiana Attorneys for Appellee Curtis T. Hill, Jr. Attorney General of Indiana Katherine A. Cornelius Deputy Attorney General Indianapolis, Indiana
Judge Panel:Bradford, J., and Brown, J., concur.
Case Date:March 14, 2019
Court:Court of Appeals of Indiana
 
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In the Matter of M.R. and T.L. (Children in Need of Services)

A.R. (Mother), Appellant-Respondent,

v.

The Indiana Department of Child Services, Appellee-Petitioner.

No. 18A-JC-2076

Court of Appeals of Indiana

March 14, 2019

Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

Appeal from the Allen Superior Court Trial Court Cause Nos. 02D08-1712-JC-758, 02D08-1712-JC-759 The Honorable Charles F. Pratt, Judge, The Honorable Sherry A. Hartzler, Magistrate Judge

Attorney for Appellant Gregory L. Fumarolo Fort Wayne, Indiana

Attorneys for Appellee Curtis T. Hill, Jr. Attorney General of Indiana Katherine A. Cornelius Deputy Attorney General Indianapolis, Indiana

MEMORANDUM DECISION

Bailey, Judge.

Case Summary

[¶1] A.R. ("Mother") appeals the trial court's order adjudicating M.R., aged sixteen, and T.L., aged thirteen, ("Children") as Children in Need of Services ("CHINS"), upon the petition of the Allen County Department of Child Services ("DCS"). Mother presents a single issue: whether the CHINS determination is clearly erroneous. We affirm.

Facts and Procedural History

[¶2] On December 7, 2017, Fort Wayne Police Officer Christopher Brautzsch ("Officer Brautzsch") was dispatched to Mother's residence in response to a 9-1-1 call from M.R.'s boyfriend, K.J., reporting that Mother had battered M.R. Although M.R. and K.J. maintained a relationship, K.J. was subject to a protection order forbidding him from contacting Mother or M.R.

[¶3] K.J. met Officer Brautzsch outside the residence. Mother answered the door and began yelling vulgarities, insisting that the police leave, and threatening K.J. that he was going to "end [up] dead" for seeing M.R. and threatening Mother. (Tr. Vol. III, pg. 8.)

[¶4] Officer Brautzsch attempted to speak with Children but Mother stood between the officer and her daughters. Officer Brautzsch asked if Children were okay, and each nodded in response. However, M.R. broke down in tears and Mother "shut the door in [the officer's] face." Id. at 9. Officer Brautzsch persisted, threatened forced entry, and eventually entered the house through a back door. He could see that M.R. had a cut inside her mouth and it appeared to be a fresh cut. According to Officer Brautzsch, Mother was behaving toward both the police and K.J. in a manner that was "angry," "hostile," and "vulgar." Id. at 10. Mother was handcuffed and placed on the sofa so that officers could conduct their investigation and interview M.R. in private.

[¶5] M.R. reported to officers that Mother had become very angry about M.R. seeing K.J. at their mutual workplace and then bringing home a backpack containing K.J.'s shoes. M.R. alleged that she and Mother had struggled over the backpack, Mother ordered the younger sibling, T.L., to get a knife to cut the backpack strap, and Mother had then taken the knife and stabbed the backpack. Unable to wrest the backpack away from M.R., Mother grabbed M.R.'s hair, repeatedly struck her in the face, and sat on her. M.R. complained to Mother that she could not breathe, and Mother responded "[she] didn't care." Id. at 25. M.R. stated that...

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