In re J.R. (2020) & More Details on CINA Proceedings

The State of Maryland uses the concept of “CINA” -- a “child in need of assistance” -- in order to protect the best interests of children in general. Although proceedings which determine CINA status may be unpleasant and seemingly invasive in many instances, these proceedings are ultimately necessary as tools to ensure the proper care and treatment of children. When a child is determined to have CINA status, the state gains the ability to take various measures to ensure that the child’s future development will be as healthy as possible. In some cases, this can involve placing the child with a third party guardian; in other cases, the parental rights of the natural parents may be entirely terminated, though this doesn’t always occur. In any event, what always happens is that the state intervenes to guarantee that the present course which initially put things en route to CINA status is altered permanently.

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As we would expect, CINA proceedings, and the investigations which surround these proceedings, are complex and often involve highly sensitive information. What sort of problematic behaviors on the part of parents may lead to CINA determination? The case of In re J.R. (2020) is a relatively recent case which illustrates how neglect alone can lead to such a determination. Let’s go over this case in detail to get a better sense of how these investigations and proceedings can occur.

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Facts of the Case

The parents in this case had the child at issue in this case – J.R. -- in September of 2018. The child suffered from severe health problems almost immediately; within 2 months of the child’s birth, the parents had to make emergency room visits due to concerns about J.R.’s health. The child suffered from dangerously low body weight, digestive problems, and other serious health issues. Given the child’s condition, as well as other parental related issues demonstrated by the parents in the past, a state ordered investigation of the child’s home was conducted.

J.R. was the fifth child of the mother, and her four older children were all forcibly removed from her care. Her parental rights to her first three children were terminated, while the fourth child was removed and placed with a guardian. The father had a lengthy criminal record, including one assault related charge which ended up leading to a 15 year prison sentence. In addition, the father had a history of drug abuse, and there was evidence of domestic violence between the father and mother.

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When the Department of Social Services (DSS) worker conducted her investigation, she ultimately found powerful evidence of child neglect. This evidence took the form of inadequate living conditions, insufficient energy devoted to the child, and so forth. Furthermore, when the worker requested a drug test, the father tested positive for multiple illicit substances. Ultimately, due to the evidence collected pertaining to neglect, the child was determined to be a “CINA” and the state eventually took the appropriate courses of action. The father and mother appealed this determination.

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Ruling & Discussion

On appeal, the appellate division affirmed the CINA classification. There were multiple issues in this appeal, but the CINA classification is the one we’re focusing on here. Again, there was powerful, convincing evidence of neglect, although no evidence of direct physical abuse toward the child. When the DSS worker first surveyed the home of the parents, she found a severe bedbug infestation, a dirty overall environment, and other pieces of evidence which supported a finding of neglect. Physical abuse isn’t a necessary component of a CINA determination, although physical abuse may provide evidence of CINA. In the end, evidence of either physical abuse or neglect is adequate, and that is precisely what occurred here.

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Contact the Murphy Law Firm for More Resources

If readers want to know more about CINA proceedings in Maryland, how the “child’s best interests” standard operates, child custody issues in general, or any other family law topic, contact one of the family law attorneys at the Murphy Law Firm today by calling 240-219-5243.

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