Davis v. Marion County Department of Child Services

I respectfully dissent from the Majority’s determination that the evidence was *1272inadequate to prove M.W. and D.D. were CHINS.

We all agree that the CHINS adjudications were based upon the trial court’s determination that Davis has an alcohol problem and that she physically abused her sons. Davis argues, and the Majority agrees, that the MCDCS presented no evidence to substantiate its allegations against Davis. As the Majority puts it, “the record is devoid of any credible evidence that Davis had physically harmed her sons or that she abused alcohol as set forth in the CHINS petition.” Op. at…