|Can you hear me now?|
By Elizabeth Kruska
This is an appeal of a CHINS case, but the issue is really about evidence. So, although the name of the case is B.C., the appeal isn’t exactly about B.C. Sort of like how “Alice’s Restaurant” was not the name of the restaurant, it was always just the name of the song.
The child involved in this case is B.C., who was born December 31, 2016. At that point, Mom had 2 other children and was already working with DCF relative to those kids. DCF’s work with Mom centered around issues of domestic violence and substance abuse.
I could get bogged way down in the facts of this case, and honestly, in my first draft of this post I did. The truly relevant facts are these. There was an existing CHINS case involving Mom, Dad, and B.C., which was filed shortly after his birth. The child was taken into DCF custody and lived apart from his parents. Initially the goal was to get B.C. home with both parents, but the parents split up, and Mom wanted to try to get to parent B.C. on her own. A merits hearing was held in early spring 2017 and taken under advisement. While that decision was under advisement, DCF started to worry about Mom, due to a relapse and the fact she missed a visit and a counseling appointment.