Child in need of services

Concerns about CHINS petitions raised during budget hearings

March 28, 2013
Marilyn Odendahl
After the Indiana Department of Child Services made its presentation to the Senate Appropriations Committee Thursday, the discussion quickly turned to Child in Need of Services petitions.
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Prosecutor can’t grant use immunity to parents of injured infant

March 28, 2013
Jennifer Nelson
The Indiana Supreme Court held Wednesday that a prosecutor can’t petition a court to compel a party to testify under the grant of use immunity when the party is the primary target of the investigation and has invoked his constitutional right against self-incrimination if no charges have been filed or a grand jury proceeding hasn’t been initiated.
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Mother not denied due process by not having appointed counsel in CHINS case

March 28, 2013
Jennifer Nelson
While disappointed that a trial court did not follow through with the appointment of counsel for a mother regarding a child in need of services action, any error in that failure was harmless, the Indiana Court of Appeals ruled Thursday. It upheld the termination of mother J.A.’s parental rights to her son G.P.
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House Committee approves CHINS bill returning power to prosecuting attorneys

March 13, 2013
Marilyn Odendahl
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.
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Bills on magistrates; custody and visitation pass House

February 21, 2013
IL Staff
The Indiana House of Representatives passed House Bill 1041 Thursday morning 96-0. The bill addresses petitions to modify custody and visitation involving children who have been abused or neglected.
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Court reverses DCS order requiring mother to take prescribed meds

February 20, 2013
Jennifer Nelson
A mother whose child was adjudicated as child in need of services won a partial victory before the Indiana Court of Appeals Wednesday.
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Indiana GAL/CASA program gets national grant

December 12, 2012
IL Staff
Indiana’s State Office of the GAL/CASA has been awarded a $40,000 grant from the National Court Appointed Special Advocate Association. The money will be used to support local programs that provide volunteer advocacy for abused and neglected children in Indiana.
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DCS launching pilot to address children with mental health issues

September 18, 2012
Jennifer Nelson
The Department of Child Services announced Monday that it will fund a two-month pilot program that will utilize local services to provide help for juveniles with mental health issues.
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Appeals court reverses termination of father’s rights

September 11, 2012
Dave Stafford
The Department of Child Services failed to prove that a father’s children were removed for cause required under state statute, and the trial court erred in terminating the parental rights of the Dearborn County man.
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Mom’s progress leads court to reverse termination

August 13, 2012
Dave Stafford
A Grant County mother who lost parental rights to twin children won a reversal of the termination order after the Indiana Court of Appeals noted her progress in areas of concern to the Department of Child Services.
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Judges reverse CHINS determination

June 13, 2012
Jennifer Nelson
The Indiana Court of Appeals reversed the determination that a brother and sister are children in need of services, finding there was “simply no evidence” to support the finding.
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Legislature announces summer study committees

May 24, 2012
Jennifer Nelson
The Legislative Council of the Indiana General Assembly has assigned the study topics various committees will examine this summer and fall. Some of the areas include creating a centralized department of administrative law judges and review of various Department of Child Services practices.
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Appeals court reverses DCS judgment of CHINS

May 22, 2012
Dave Stafford
A 16-year-old Indianapolis girl was improperly adjudicated a child in need of services, and her mother should not have been subject to Department of Child Services oversight, the Indiana Court of Appeals ruled Tuesday.
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Courts not responsible to find person named in subpoena

April 27, 2012
Jennifer Nelson
It is not up to the court to find someone named in a subpoena if the person requesting it doesn’t know where to send the subpoena, the Indiana Court of Appeals ruled. That argument was being made by an incarcerated father appealing a determination that his child is in need of services.
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On rehearing, COA affirms original opinion

February 14, 2012
Jenny Montgomery
On petition for rehearing, the state Department of Child Services claims that the appellate court imposed an undue burden upon the agency by recognizing that DCS has to make a prima facie showing regarding current conditions before the parent is obliged to come forward with evidence.
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A decade of court data is revealed

January 4, 2012
Michael Hoskins
Figures in the latest Judicial Service Report show near record-level filings continue and that the state needs more judges.
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Guidance offered on incarcerated parents' attendance at termination hearings

October 11, 2011
Michael Hoskins
Scolding the Indiana Department of Child Services for how it handled a parental termination case, the Indiana Supreme Court has found an incarcerated mother’s due process rights were not violated when she did not receive adequate notice about pending proceedings that would affect her rights as a parent or when she was not allowed to attend the hearings.
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Court: CHINS fact-finding hearing required by due process

September 28, 2011
Michael Hoskins
The Indiana Court of Appeals disagrees with the state Department of Child Services that fact-finding and dispositional hearings in a child in need of services case are interchangeable. The appellate panel has ruled a Marion County father’s due process rights were denied because he didn’t receive the opportunity for a fact-finding hearing.
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Indiana makes gains in permanent placement

September 14, 2011
Jenny Montgomery
The state sees improvement, but aims to do better.
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Meth use linked to increase in CHINS

August 31, 2011
Jenny Montgomery
Leslie Dunn, Indiana state director for GAL/CASA, said the number of Child in Need of Services cases over time remains stable, but she’s seen some remarkable variations in cases per-county from year to year. In Vanderburgh County, for example, new CHINS cases jumped from 448 in 2008 to 818 in 2010. People who are watching these numbers with concern cite several possible reasons for these variations.
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Rising CHINS cases cause concern

August 17, 2011
Jenny Montgomery
Southern Indiana counties struggle with increase in child abuse cases.
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Indiana Supreme Court takes 3 cases; denies 27

July 11, 2011
Jennifer Nelson
The state’s highest court has granted transfer to three cases, including one in which they vacated the Indiana Court of Appeals decision and sent it back to the appellate court.
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COA: Judge can cite statutes and facts not in CHINS petition

July 6, 2011
Michael Hoskins
The Indiana Court of Appeals has found that a Hendricks Superior judge didn’t step outside his authority when referencing statutes and facts not specifically cited in a Department of Child Services petition alleging two minor boys were Children in Need of Services.
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Court awarding grants for CHINS, parental termination programs

July 6, 2011
IL Staff
The Indiana Court Improvement Project is giving out up to $350,000 in grants aimed at helping children and families who are navigating through the state’s child welfare system.
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Encouraging diversity in CASA programs

March 16, 2011
Rebecca Berfanger
Having volunteers and staff who can relate to families that interact with Court Appointed Special Advocates programs has proven invaluable to a number of county-level CASA programs in Indiana. Indianapolis-based Child Advocates Inc. received the National CASA Inclusion Award for its inclusion and diversity plan March 20 at the National CASA conference in Chicago.
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  1. Uh oh, someone is really going to get their panti ... uh, um ... I mean get upset now: http://www.theguardian.com/us-news/2015/mar/31/arkansas-passes-indiana-style-religious-freedom-bill

  2. Bryan, stop insulting the Swedes by comparing them to the American oligarchs. Otherwise your point is well taken.

  3. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  4. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  5. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

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