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Divided Supreme Court reinstates claim DCS mishandled abuse case

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Claims that the Department of Child Services was negligent in its handling of child-molestation allegations were reinstated Tuesday, when a divided Indiana Supreme Court in a 3-2 opinion reversed in part a trial court grant of summary judgment.

The parents of three children sued DCS and other public-agency defendants after an investigation into allegations that a 12-year-old relative had molested one of their much younger children. DCS investigated and discovered the relative also had admitted to molesting another of the children and had been adjudicated delinquent – facts that the mother learned from a third party and which later were confirmed to her when she contacted the agency.

The trial court granted summary judgment to the public-agency defendants on the basis of immunity, but justices reversed as it pertained to DCS in F.D., G.D., and T.D. b/n/f J.D. and M.D.; and J.D. and M.D., individually v. Indiana Dept. of Child Services, Evansville Police Dept., and Vanderburgh County Prosecutor's Office, 82S01-1301-CT-19.

Chief Justice Brent Dickson wrote for a majority joined by Justices Steven David and Robert Rucker that the trial court grant of summary judgment was appropriate under the Tort Claims Act as it pertained to the Evansville Police Department. “However, because plaintiffs' claims against DCS do not result from the 'initiation of a judicial or an administrative proceeding,' DCS is not immune under Indiana Code Section 34-13-3-3(6) and summary judgment in favor of DCS is therefore improper," he wrote.

Likewise, summary judgment is improper under the child-abuse reporting statute, I.C. 31-33-6-1.

Justices Loretta Rush and Mark Massa dissented and would have affirmed immunity in part  because the claim arose from DCS’s participation in the initiation of a judicial proceeding.

"In the absence of immunity, Indiana law requires us to analyze whether the Legislature intended the violation of the Notice Statute to give rise to a negligence action. Applying that analysis, I can find no such legislative intent here. I do not condone DCS’s egregious conduct of allegedly not notifying parents of their child’s abuse, but not every breach of a statutory duty provides plaintiffs with a negligence action,” Rush wrote in dissent.

“I conclude DCS is immune from liability, and even if it weren’t, the Notice Statute would not provide plaintiffs with a private right of action,” she wrote.

 


 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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