ILNews

Committee ponders DCS authority of juveniles

Back to TopE-mailPrintBookmark and Share

An interim legislative committee is deciding what it should do about a last-minute, special session addition giving the Department of Child Services even more control over juvenile justice decisions that judges have historically been entrusted to make.

Hearing about an hour's worth of testimony from both sides Thursday afternoon, the Commission on Courts considered the issue of out-of-state placements of juvenile offenders. The topic was raised in recent appellate decisions and has been the subject of juvenile justice advocates since the 2009 legislative special session.

In the finalized budget bill, Indiana Code Section 31-37-19-3(f) was amended to read, "The [IDCS] is not responsible for payment of any costs or expenses for housing or services provided to or for the benefit of a child placed by a juvenile court in a home or facility located outside Indiana, if the placement is not recommended or approved by the director of the department or the director's designee."

Judges were surprised and not happy with this last-minute addition, particularly because many were still reeling from the sweeping statutory changes entailed in H.E.A. 1001 from the 2008 session that gave the DCS more authority over juvenile justice decisions and shifted some funding from the local level to the state.

This out-of-state placement issue arose Aug. 10 in an Indiana Court of Appeals decision when the judges affirmed a Madison Superior judge's decision to place a juvenile in an Arizona facility over the DCS' objection. While finding that the new statute wasn't yet applicable to this case, the appellate court hinted that the same situation might have a different result if considered again.

With all of that building up in recent months, DCS Director James Payne attended the Commission on Courts meeting and spoke in favor of the change, while a handful of juvenile judges appeared to express their displeasure at how the changes were put in place quickly and without discussion from the judiciary.

Commission chair Sen. Linda Lawson, D-Gary, expressed concern that the issue was tacked into the special session budget that many lawmakers failed to fully review or understand because of the last-minute action.

"I trust my juvenile judges, and I think they do a good job," Lawson told Payne as he sat before the commission and explained his position.

During his testimony, Payne told members that the DCS' main priority is to keep children close to home and "engage families" as much as possible. Out-of-state placement is used as a last resort, and Payne said states throughout the country are reducing the number of juveniles placed out of state. Indiana should do the same because research shows the state has the capacity to keep virtually every child here and offer adequate services, he said.

"Frankly, in my time on the bench, I sent a lot of kids out of state," said Payne, who served for two decades as the Marion Superior juvenile judge. "But in the early 1990s, I concluded that it wasn't the best practice. Keeping children close to home is the best practice ... that's something the state can and should support."

Tippecanoe Superior Juvenile Judge Loretta Rush said judicial discretion being taken away and placed with an executive branch state agency sets Indiana's juvenile justice system backward. She agreed with her colleagues that juveniles should be placed within Indiana if that's possible; however, they disagreed that any out-of-state placement should be reduced to a money-based decision made by a state agency.

"They want to look at pieces of paper to make decisions. Is that the way we want justice to operate for our kids and their families?" St. Joseph Probate Judge Peter Nemeth asked the commission. "For them to sit back and throw darts at a dartboard without knowing the particulars of a juvenile or a family, if there's a family ... it's not the right thing to do. It certainly interferes with judges doing their job."

Court of Appeals Chief Judge John Baker, who was sitting on the commission in the place of Chief Justice Randall Shepard, indicated he hadn't heard any discussion with the judiciary about this being an issue prior to the special session budget bill changing. His observation is that a juvenile placement used to be a judicial decision, but now it's been turned into an executive department decision.

When asked by a senator whether the state agency's authority takes the decision-making function from the juvenile judges, Payne responded by saying that, "Some judges are more attentive to this than others. As a juvenile court judge for some time, I thought I knew a lot. But I've found I didn't know it all."

No decision has been made about how to proceed with this issue, or the other two issues discussed Thursday: potential probation department consolidations and issues pertaining to asbestos-related illnesses.

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Two cops shot execution style in NYC. Was it first amendment protest, or was it incitement to lawlessness? Some are keeping track of the body bags: http://www.breitbart.com/big-government/2014/12/13/al-sharpton-leads-thousands-in-saturday-march-on-washington-dc/

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

ADVERTISEMENT