ILNews

House Committee approves CHINS bill returning power to prosecuting attorneys

Back to TopCommentsE-mailPrintBookmark and Share

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.

 

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. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

ADVERTISEMENT