David, J.
This case shines a spotlight on the precarious nature of CHINS proceedings and emphasizes the need to draw measured and appropriate procedural boundaries in these actions. Our Court has frequently weighed in on the delicate balance between the State’s authority to provide protection for children’s health, safety, and stability and the procedural safeguards put in place to protect parents from State overreach. One procedural issue that has evaded our review, however, is whether the State may file repeated petitions alleging children are CHINS without any new or substantially different evidence.
In this case, the Department of Child Services filed an initial petition alleging five Children were CHINS but failed to present sufficient evidence of Parents’ alleged substance abuse. After a fact-finding hearing, the trial court dismissed the case without prejudice and DCS filed a second petition containing nearly identical allegations the day after the first petition was dismissed. After considering evidence and testimony that could have been presented during the first proceeding, the Children were ultimately adjudicated CHINS.
The central issue we address in today’s opinion is whether, in light of the nature of CHINS proceedings, the doctrine of res judicata—and more specifically claim preclusion—applies to bar a repeated filing of a CHINS petition based on evidence that could have been produced in the first filing. We find that the doctrine does apply in these proceedings, but because the issue was not properly raised in the trial court and because we find no fundamental error in the proceedings below, we affirm the trial court’s finding that the Children are CHINS.
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Today we address three central questions that have been raised for our review. First, we examine whether res judicata applies in the context of a CHINS proceeding. Second, we determine whether Mother preserved her res judicata claim for appellate review. Finally, if Mother did not preserve her claim, we must decide whether a court in a CHINS proceeding commits fundamental error by failing to sua sponte apply the doctrine of res judicata. Each of these issues will be discussed in turn.
In short, we find that the claim preclusion branch of res judicata applies to CHINS proceedings. Specifically, if the State wishes to refile after a CHINS petition is dismissed, it must show that the new CHINS petition contains allegations of material fact that could not have been included in the dismissed action. [Footnote omitted.] Further, we also find that Mother failed to preserve this issue for appellate review and that the trial court did not commit fundamental error. As such, we ultimately affirm the trial court’s judgment.
- I. The doctrine of res judicata applies in CHINS proceedings.
We turn first to whether the doctrine of res judicata applies in the context of a CHINS proceeding. Because we can find no decisional caselaw in our state specifically applying this doctrine in a CHINS context, we must first explore the doctrine to better understand its breadth and application. We next examine the nature of a CHINS proceeding to see if res judicata harmonizes with the overall purpose of these proceedings. Finding that res judicata does apply in a CHINS proceeding, we will outline its scope and application.
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We agree with the State’s general position that past acts by parents can be relevant to new CHINS filings involving the same parents and children. There are several compelling reasons to stand by this approach, none clearer than the legislature’s express approval of this practice. See Ind. Code § 31-34-12-5. Additionally, as discussed above, the nature of a CHINS proceeding is such that a trial court must consider a broad range of evidence to ensure the State has met its burden in proving its case, including “consider[ing] the family’s condition not just when the case was filed, but also when it is heard.” In re D.J., 68 N.E.3d 574, 580 (Ind. 2017) (citation omitted). But we also think that this procedure is ripe for potential abuse by the State. The dispute before us today emphasizes this point.
Here, DCS filed its first petition alleging the Children were CHINS on June 27, 2017. Distilled to its essential material facts, the petition was based on Mother and Father’s alleged impairment, prior DCS involvement due to substance abuse, and Parents’ ultimate arrest while several of the Children were in their presence. Because DCS’s motion to present telephonic testimony of Parents’ drug screen results was denied and because DCS apparently presented no other evidence to the court, the first petition was dismissed for the State’s failure to meet its burden of proof. The very next day, DCS filed its second petition that contained no additional allegations that would have occurred after the October 25, 2017, fact-finding hearing on the first petition.
To us, this case screams out as an obvious “second bite at the apple.” The fact of the matter is that DCS failed to present sufficient evidence to meet its burden of proof on the first go–round. While the record is unclear as to why the trial court allowed the second petition to be filed, the court specifically denied Mother’s request for dismissal with prejudice and noted that the allegations of the first petition could be combined with future allegations as evidence of the need for coercive court intervention. DCS plainly failed to follow this instruction and filed a second petition with essentially the same allegations as its first petition. While we understand the pressures placed on DCS to protect the safety and wellbeing of children in our state, we can in no way endorse the procedural tactics employed in this case to essentially string out the CHINS proceeding until enough evidence was collected, all the while keeping the children separated from their parents. There is simply too much at stake to condone these actions.
We hold today that the claim preclusion branch of res judicata applies to CHINS proceedings. We extend this basic principle to these proceedings in large part because of the heightened due process protections we give to children and parents involved in CHINS proceedings. For example, invocation of this doctrine could prevent repeated filings by DCS with no new factual basis until one petition finally sticks. It could also prevent repetitive litigation of issues that have been or could have been decided in an initial CHINS filing. As such, application of this doctrine to CHINS proceedings encourages DCS to fully investigate and present a more complete picture of the type of alleged conduct underpinning a CHINS petition. After all, trial courts certainly do not suffer when an issue is fully briefed and supported by evidence.
That is not to say application of res judicata in a CHINS proceeding is without limits. We stand by the proposition that, “[b]y their very nature, [CHINS] cases do not fit neatly defined guidelines.” In re K.D., 962 N.E.2d at 1255. DCS must necessarily rely on the past actions of parents to give a trial court the full story of why a CHINS petition was filed in the first place. But to escape the preclusive effect of res judicata in a CHINS proceeding, the State’s subsequent petition must include new allegations of material fact separate from what was available to DCS to use at the original fact-finding hearing. 7 This new evidence will necessarily include allegations of new material facts that took place in time after the relevant CHINS petition was dismissed.
In our view, this rule bridges the gap between reliable application of claim preclusion and the unique nature of CHINS proceedings. Parties seeking to bar a subsequent CHINS petition on claim preclusion grounds must still demonstrate each of the four elements of claim preclusion we mentioned above. See Ind. State Ethics Comm’n, 18 N.E.3d at 993 (outlining the four elements of claim preclusion). But in examining the third element of claim preclusion—that the matter at issue was, or could have been, determined in the prior action—courts must also consider the rule we have enunciated today.
Practically speaking, if the parent or guardian is successful in showing claim preclusion applies to bar a subsequent petition, the CHINS petition must be dismissed. However, this dismissal does not mean the State is forever barred from filing a subsequent CHINS petition or even from using a parent’s prior actions as evidence in support of a new filing. As long as there are no other procedural bars to the filing and the State demonstrates that the subsequent petition contains new allegations of conduct that took place after the dismissal of the prior proceeding, the State may file a new CHINS petition.
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Conclusion
As a final point, we re-emphasize the critical importance of the procedural safeguards put in place at every stage of a CHINS proceeding. We in no way condone the repetitive filing put into issue in the present action. We expect a lot out of attorneys in our state and hold DCS to the same standard of practice as attorneys in other civil proceedings. We are confident that DCS can do better to protect the integrity of these proceedings and clamp down on repetitious filings, especially when it has the opportunity to present detailed evidence to the trial court and bring about a quick and fair disposition on the first try.
To summarize our decision today, we find that the claim preclusion branch of res judicata applies in the context of a CHINS proceeding. Because Mother failed to adequately raise this issue in the trial court, the issue was waived on appeal. Trial courts are not required to sua sponte address perceived res judicata issues and we find no fundamental error in these proceedings. We also summarily affirm the portion of the Court of Appeals opinion in this case that found sufficient evidence to support a CHINS adjudication for each child. Ind. Appellate Rule 58(A)(2).
Accordingly, we affirm the trial court’s judgment that each child in this case was a child in need of services.
Rush, C.J., and Goff, J., concur. Slaughter, J., concurs in part and in the judgment with separate opinion in which Massa, J., joins.
Slaughter, J., concurring in part and in the judgment
I agree with much of the Court’s opinion, including its judgment that Mother gets no relief. I write separately to clarify what I believe our governing rules of trial procedure require of litigants in child-in-need-of-services cases.
I’ll start with my three areas of agreement with the Court. First, principles of res judicata apply in CHINS proceedings. Second, Mother waived any objection on grounds of res judicata by failing to raise the issue in the trial court. Third, the trial court did not commit fundamental error by failing to raise the issue on its own. Thus, I share the Court’s view that the trial court’s CHINS adjudication against Mother must be affirmed. Despite these substantial areas of overlap, I am unable to join the Court’s opinion in full because of what strike me as its misstatements of governing law, some of which cannot be reconciled with our trial rules.