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Reason
Reason
Politics
Eugene Volokh

Court Upholds Removal of Child From Parents, Related to Child's Transgender Identity

From In the Matter of A.C., decided today by the Indiana Court of Appeals (Judge Terry Crone, joined by Judges Nancy Vaidik and Robert Altice):

M.C. (Mother) and J.C. (Father) … appeal the trial court's dispositional order (the Dispositional Order) following their child A.C.'s … admission that Child is a child in need of services (CHINS) pursuant to Indiana Code Section 31-34-1-6 (CHINS-6) because Child was substantially endangering Child's own health….

[O]n May 11, 2021, DCS received a report alleging that Mother was verbally and emotionally abusing then-sixteen-year-old Child by using rude and demeaning language toward Child regarding Child's transgender identity, and as a result, Child had thoughts of self-harm. On May 21, 2021, DCS received a second report alleging that the Parents were verbally and emotionally abusing Child because they do not accept Child's transgender identity, the abuse was getting worse, and the Parents were being mean to Child due to Child's transgender identity. A DCS family case manager (FCM) investigated these reports, met with the Parents, Child, and Child's siblings, and spoke by phone to a representative from Child's residential school.

The FCM prepared a preliminary inquiry report (PIR), which indicated the following: Mother and Child both stated that Child had been suffering from an eating disorder for the past year but had yet to be evaluated by a medical professional; the Parents had withdrawn Child from school, and DCS was unaware of the family's intent to enroll Child in a new school for the upcoming school year; Child had been in therapy, but the Parents had discontinued it; Child did not feel mentally and/or emotionally safe in the home; Mother said things such as "[Child's preferred name] is the bitch that killed my son"; and Child "would be more likely to have thoughts of self-harm and suicide if [Child] were to return to the family home due to mental and emotional abuse." The PIR also indicated that Mother stated that the family was planning to work with a doctor at a clinic for eating disorders, but Mother refused to sign any consents so that DCS could verify any medical concerns or past therapy services.

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