ILNews

Attorney general’s office will now represent DCS on appeal

Back to TopCommentsE-mailPrintBookmark and Share

Indiana Attorney General Greg Zoeller announced Thursday afternoon that the attorney general’s office will take over appellate representation of the Department of Child Services. DCS currently utilizes attorneys of its choice in appellate matters.

Taking over legal services for DCS on appeals has been under review in the AG’s office since March. The office sent a letter to DCS dated Thursday informing the agency of the change.

“When created by executive order as a separate state agency in 2005, DCS was best positioned to represent the interests of children in court cases, so the limited legal authorization allowed it to hire its own lawyers rather than using deputy attorneys general who normally serve as state government’s lawyers. But because appellate cases are highly complex and can result in new legal precedent, it now is necessary that the state government’s law firm – the Attorney General’s Office – harmonize the legal positions of DCS and other state agencies in appellate court, to ensure they are consistent with each other and with our state’s legal policy,” Zoeller said.

This change is triggered administratively through the revised consent letter, and it will become effective as soon as transitional details are finalized, but no later than Jan. 1, 2013, according to a release from the attorney general. DCS attorneys will continue to represent the agency in trial court.

The DCS appellate caseload volume is around 150 cases; the AG’s office currently has 144 deputy attorneys general. Zoeller said his office will work with DCS over the new few weeks on the logistics of staffing to ensure “that the change to AG management supervision of the cases is fiscally neutral and structured to maximize efficiency and effectiveness.”

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

ADVERTISEMENT