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House Committee approves CHINS bill returning power to prosecuting attorneys

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A bill giving prosecuting attorneys the ability to file a Child in Need of Services petition continues to garner strong support in the Indiana General Assembly.

The House of Representatives Committee on Family, Children and Human Affairs unanimously passed Senate Bill 164 at its meeting Wednesday. Authored by Sens. Travis Holdman, R-Markle, and John Broden, D-South Bend, the bill allows prosecuting attorneys to request authorization to file a CHINS petition.

Previously, the Senate approved the measure by a 49 to 0 vote.

Holdman served as co-chair of the Department of Child Services Interim Study Committee which made numerous proposals for legislation addressing growing concerns over the handling of child abuse cases by DCS.

Testifying before the House committee, Holdman said the Indiana Prosecuting Attorneys Council had asked that prosecutors once again be given the power to file CHINS petitions. Prosecuting attorneys had this ability previously, but when DCS was spun off from the Family and Social Services Administration, the state code was changed.

“We asked around and no one really knows why that occurred,” Holdman said.

Prosecuting attorneys told the interim study committee that the ability to file these petitions gives them another tool to use with families and helps keep the pressure on local DCS attorneys where the prosecutor believes a CHINS proceeding would be more appropriate.

Suzanne O’Malley, testifying on behalf of the Indiana Prosecuting Attorneys Council, echoed Holdman.  

“We do support the bill,” she said. “It gives us an option in the case where we’ve got a child that may be doing some criminal things that we would consider filing charges on but would prefer not to and allow them to go through the CHINS system instead.”

 An amendment has been added to the bill giving the prosecuting attorney an option once the petition has been filed. The prosecuting attorney can follow the case all the way through until it is disposed of by the court, or the attorney can agree to return the matter to the DCS lawyer and let the department follow the case.

“In most cases, I’ll just tell you having been a former prosecutor, you would want to pass that back to the DCS attorney to follow that because they’re going to be involved with the family and those issues, not on a criminal case or probation type of case,” Holdman told the House committee.

After the hearing, Holdman described SB 164 as one of the DCS bills that has been introduced to provide better protection for the children and give families and providers more voice.

“With John Ryan coming on the scene, and I can only hope with our new director coming on in a few weeks, it’s just a new day for DCS,” Holdman said. “We have seen nothing but cooperation from John Ryan. It’s been a breath of fresh air.”  

Ryan was appointed DCS director when former director James Payne stepped down in September 2012. In January, Gov. Mike Pence named Lake County Juvenile Court Judge Mary Beth Bonaventura to lead the agency.

 

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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