Child in need of services

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 placementRestricted Content

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

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 concernRestricted Content

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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DCS to impose 5 percent reduction for reimbursement in 2011

February 18, 2011
Jennifer Nelson
The Indiana Department of Child Services and IARCCA, an Association of Children and Family Services, announced their agreement today in a dispute regarding reimbursement rate cuts. The dispute led to a lawsuit filed in late 2009 between the two organizations.
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COA reverses and remands CHINS finding regarding stepfather

February 15, 2011
Rebecca Berfanger
After the juvenile court adjudicated two minor children as children in need of services following their mother’s admission to allegations filed by the Indiana Department of Child Services, the majority of a Court of Appeals panel today reversed and remanded that finding in favor of the stepfather, who denied the allegations and asked for a fact-finding hearing. One Court of Appeals judge dissented, writing that she disagreed that the trial court violated the stepfather’s right to due process in this case.
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Courts offer CHINS facilitationsRestricted Content

January 19, 2011
Rebecca Berfanger
Because mediations have become commonplace in family law cases, it may come as no surprise that a number of Indiana counties have been implementing a similar strategy to determine if a child is a child in need of services, or CHINS.
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Court reverses because of DCS notification policy

December 7, 2010
Michael Hoskins
The Indiana Court of Appeals has reversed the parental right termination decision made by a trial court, ruling that both the court and Indiana Department of Child Services in Porter County denied a biological father his due process by not notifying him of CHINS proceedings that ultimately led to his paternal rights being taken away.
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Programs target older foster youth

November 24, 2010
Rebecca Berfanger
For foster youth who are about to age out of the system or have already done so, there often is no support system. That decreases one’s chance of getting a good education and increases the likelihood that the former foster youth will end up homeless or become involved in illegal activity and be arrested after aging out.
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  1. Oh my lordy Therapist Oniha of the winexbackspell@gmail.com I GOT Briggs BACK. Im so excited, It only took 2days for him to come home. bless divinity and bless god. i must be dreaming as i never thoughts he would be back to me after all this time. I am so much shock and just cant believe my eyes. thank you thank you thank you from the bottom of my heart,he always kiss and hug me now at all times,am so happy my heart is back to me with your help Therapist Oniha.

  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

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