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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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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