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Concerns about CHINS petitions raised during budget hearings

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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.”


 

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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