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Indiana Department of Child Services urged to set course for new direction

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With a new governor taking over Indiana’s executive branch in January, what changes, if any, will come to the Department of Child Services are unknown. However, some contend that should not stop the agency from addressing criticism and implementing new policies or programs now.

DCS, established in 2005, has faced a continuing barrage of outrage stemming from allegations that several children have died despite having been reported to the agency as being abused or neglected. It has also drawn ire for its centralized hotline and how it has handled children who have mental health issues.

cindy noe Noe

Currently, the Indiana General Assembly has two groups – the Indiana Commission on Mental Health and Addiction and the Department of Child Services Interim Study Committee – examining the agency, its policies and processes.

Sen. Travis Holdman, R-Markle, and Rep. Cindy Noe, R-Indianapolis, co-chairs of the interim study committee, have already outlined legislation regarding the hotline they intend to introduce during the next legislative session. Moreover, both have met with DCS Interim Director John Ryan and have encouraged him to move forward with addressing the concerns he can administratively.

In the three months remaining before a new governor takes the oath of office, Noe has recommended to Ryan that he first identify three to five of the most pressing issues and concentrate on finding resolutions or the pathway to a remedy. Then he should work toward putting these solutions into operation with the goal of having them in place by the end of the 2012.

Any new director will have to quickly gauge where the agency is headed then shepherd it in that direction rather than charting a new course, Holdman said. Upending the entire structure and changing direction would, in his words, be fatal.

Larry Landis, executive director of the Indiana Public Defender Council and member of the study committee, also advocated the agency be proactive in addressing concerns. He advised hiring an independent management consultant to do an objective, nonpartisan assessment of the organization, including its mission, priorities, strategic direction and operations, and then provide recommendations. These would be passed along to the next governor, giving the new administration a starting point.

He does not see the problems currently plaguing the agency as being beyond solutions.

“I think there are obviously a number of issues about DCS, but my guess is that is because of the difficult subject of what they are dealing with,” Landis said. “You’re never going to get it right all the time. … I don’t think the problems are insurmountable. I think they have to do an organizational reassessment.”

Tweaking the hotline

Neither Holdman nor Noe wants to dismantle the centralized hotline and return to the previous system, but they are calling for more involvement at the local level. A key provision in their proposed legislation would provide a separate line for community professionals such as police officers, judges, prosecutors, physicians, school personnel and mental health providers to use that would give them direct contact with the local child protective services branch.

travis holdman Holdman

The centralized hotline, Noe said, brings consistency and removes the unevenness in the screening process that had arisen when calls were handled at the local level. In addition, the current single hotline collects data that can be used to spot trends and help determine where best to focus the state’s resources.

“We have increased the efficiency,” she said. “We have done it in a way some people say is ineffective. I think what we need to do is adjust to where we find the sweet spot between trying to be efficient and effective.”

Adding a local element to the hotline would reduce the workload at DCS by separating out the calls from community professionals who traditionally have a better quality of information, Holdman said. Calls that come from people in the communities who work directly with children are substantiated at a rate that exceeds 80 percent. This compares to the tips from anonymous callers that are substantiated at a 17 percent rate.

The legislative proposal by Holdman and Noe also calls for more staff at the local and state levels to handle the incoming calls. Adding more personnel would lower the amount of work each individual has and may help reduce a turnover rate that Holdman estimated equates to three to four people walking out the door every month.

In a presentation before the study committee, the DCS proposed hiring an additional 92 workers with at least one intake specialist located in every local office along with hiring another 100 new family case managers.

The decision to introduce legislation that addresses issues with the hotline was “simply a judgment call,” Noe said. Handling the changes to the hotline administratively through rules raises the potential for tweaks and modifications to be made without the Legislature being aware.

However, Landis is skeptical of imposing a legislative solution, as doing so can limit any changes the DCS may need to make to improve the system.

“It’s premature for the Legislature to say we know what the problems are and we’re going to fix them through legislation,” Landis said.

CHINS 6

The outcry over DCS providing mental health services to children reached a peak in May when Morgan Circuit Court Judge Matthew Hanson wrote a scathing opinion, characterizing the agency as “refusing to handle mental health/disease cases as they should be” and charging that the system DCS uses for reviewing and filing CHINS 6 cases is broken.

Prosecutors contend that since the Legislature took away their ability to file Child In Need of Services petitions to get minors treatment for mental health and behavioral issues, these children are landing in court where the only option is to treat them as juvenile delinquents. In addition, some parents, desperate to get their child help, are having to declare themselves to be abusive or neglectful.

DCS is launching a pilot program in Lawrenceburg to address these concerns. In a presentation to the Indiana Commission on Mental Health and Addiction, the agency outlined its plan to rely on community mental health centers to assess the child and coordinate care. For children who need services but are not covered by private insurance or are not Medicaid eligible, DCS will step in and provide the funding.

Noe, who is also the chair of the commission, applauded the plan, saying it charts a new path because the child and parents will not have to become involved with DCS to receive services. School teachers, judges and other professionals in the community, along with the parents, will be able to recommend services for the minor.

While calling it innovative, Andrew Cullen, legislative liaison at the Indiana Public Defender Council, said the DCS proposal does not go far enough. The program will never be able to compel uncooperative children to participate in their mental health treatment, he said. Only the courts can do that and, therefore, prosecutors should be again given the ability to file CHINS 6 petitions.

Noe acknowledged she has not made up her mind regarding what to do about CHINS 6 petitions. She said she wants to get all the discussion on the table then find the places of obvious agreement before making a decision.

The Indiana Commission on Mental Health and Addiction’s last scheduled meeting is Oct. 15. The DCS Interim Study Committee is scheduled to have its final meeting Oct. 25.•

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  1. This guy sounds like the classic molester/manipulator.

  2. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  3. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  4. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  5. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

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