Brown, J.
V.H. (“Mother”) appeals the trial court’s order granting Petitions to Interview Children filed by the Indiana Department of Child Services (“DCS”). Mother raises one issue, which we revise and restate as whether the court erred in issuing the order. We affirm.
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This case involves the ability of the DCS to interview a child as part of an initial assessment in response to a report of child abuse or neglect. Ind. Code §§ 31-33-8 govern the investigation of reports of known or suspected child abuse or neglect. Ind. Code § 31-33-8-1(a) provides that “[t]he department shall initiate an appropriately thorough child protection assessment of every report of known or suspected child abuse or neglect the department receives, whether in accordance with this article or otherwise.” At the time of the petitions, Ind. Code § 31-33-8-1(c) provided that “[i]f the report alleges a child may be a victim of child abuse, the assessment shall be initiated immediately, but not later than twenty-four (24) hours after receipt of the report.” (Supp. 2009) (subsequently amended by Pub. L. 205-2013, § 339 (eff. Jul. 1, 2013), moving language to subsection (e)). Ind. Code § 31-33-8-6 provides: “The department shall promptly make a thorough assessment upon either the oral or written report. The primary purpose of the assessment is the protection of the child.”
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The statutory provisions set forth above provide requirements and guidance for DCS to undertake a child protection assessment in response to the receipt of a report of child abuse or neglect, and the provisions provide that the assessment must include the conditions of the children in the home. According to the statute, at the stage or point that a report is received by DCS, the report and any allegations made by way of the report have not yet been investigated and are not yet classified as substantiated or unsubstantiated. The determination to classify a report as substantiated or unsubstantiated is made following the completion of the assessment, which may include an interview of the child under Ind. Code § 31-33-8-7(b) and as set forth in Ind. Code § 31-33-8-7(d) and (e). The assessment as described by Ind. Code § 31-33-8-7 is a preliminary process undertaken by DCS following the receipt of a report in order to evaluate or determine whether a basis exists to substantiate the report and which may require action of some nature by the state to protect the child or children. See Ind. Code § 31-33-8-6 (noting that the “primary purpose of the assessment is the protection of the child”). While we recognize the fundamental right of a parent to raise her child without undue interference by the state, we cannot say that due process requires DCS to conduct an assessment or a portion of an assessment in order to obtain information which would provide a basis supporting the accuracy or reliability of the report, prior to interviewing the child or children. Indeed, an interview of the child or children as part of this initial evaluation may provide the information needed for DCS to classify a report as substantiated or unsubstantiated. We cannot say that legislation allowing DCS the ability to interview a child as part of the initial assessment and after obtaining a court order if necessary violates due process. See G.W., 977 N.E.2d at 386 (noting that this court was aware of no constitutional prohibition against the proposed child interview arrangements). Further, as noted above, parents’ fundamental right to raise their children without undue interference by the state, and the state’s interest in protecting the welfare of children are both substantial, see In re C.G., 954 N.E.2d at 917-918, and we cannot say that the risk of error created by the legislature’s chosen procedure in Ind. Code § 31-33-8-13 or the actions of DCS or the trial court in this case is substantial or favor reversal in this case. [Footnote omitted.]
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Affirmed.
BRADFORD, J., concurs.
RILEY, J., dissents with separate opinion.
RILEY, Judge, dissenting
I respectfully dissent from the majority’s decision to affirm the trial court’s order granting the DCS’s petitions to interview the minor children as part of an assessment in response to a report of child abuse or neglect. Although the majority analyzes the merits of Mother’s claim, I would dismiss the appeal as moot.
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