ILNews

Concerns about CHINS petitions raised during budget hearings

Back to TopCommentsE-mailPrintBookmark and Share

After the Indiana Department of Child Services made its presentation to the Senate Appropriations Committee Thursday, the discussion quickly turned to Child in Need of Services petitions.

Sen. Patricia Miller, R-Indianapolis, asked DCS Chief of Staff John Ryan if giving prosecutors the ability to file CHINS petitions is appropriate.

“It’s fine,” Ryan replied.

Senate Bill 164 would allow a prosecuting attorney to request a juvenile court to authorize the filing of a petition alleging that a child is in need of services. Prepared by the Department of Child Services Interim Study Committee, the bill has been returned to the Senate with amendments.

Ryan went on to explain that these children are not being neglected or abused, they have behavioral health problems. Prosecutors say these youngsters do not belong in the juvenile justice system, but in a care facility. He also noted that DCS is working with 25 community mental health centers around the state to provide the services needed for the children.

Ryan served as the agency’s director from September 2012 until Gov. Mike Pence appointed Judge Mary Beth Bonaventura to the post. Both Ryan and Bonaventura appeared before the Senate committee today.

Appropriations chair Sen. Luke Kenley, R-Noblesville, raised concerns about giving prosecutors the ability to file CHINS petitions. Prior to DCS being established, he said, services and costs varied from county to county with some areas not having services at all.

When DCS was separated from the Family and Social Services Administration, prosecutors lost their ability to file CHINS petitions. Kenley said he is troubled that proposed legislation returning that ability gives prosecutors complete veto power over the handling of these cases.

Specifically, he said he is concerned if the DCS makes a recommendation that the prosecutor disagrees with, the prosecutor would have the sole authority to decide not to follow it and could then proceed in another way contrary to the system DCS has set up to try to handle these situations. He wants language added to the measure that would require the prosecutor to place the child back into the system of care the state has already built.

Both Ryan and Bonaventura said they would have no problem with such language.  

After the hearing, Kenley said, “We’ve set up that framework and both the prosecutor and the judge have ways that they can object to a particular treatment … , but they do not have the power to take the child out of that system which we’ve set up for those services.”


 

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

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. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. My situation was hopeless me and my husband was on the verge of divorce. I was in a awful state and felt that I was not able to cope with life any longer. I found out about this great spell caster drlawrencespelltemple@hotmail.com and tried him. Well, he did return and now we are doing well again, more than ever before. Thank you so much Drlawrencespelltemple@hotmail.comi will forever be grateful to you Drlawrencespelltemple@hotmail.com

  4. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  5. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

ADVERTISEMENT