Indiana Department of Child Services
Appeals court reverses adoption; birth mother denied due process
November 30, 2012
Dave StaffordA Jasper County mother was denied due process when her children were allowed to be adopted while the birth mother’s
appeal of her termination of parental rights was pending, the Indiana Court of Appeals ruled Friday.
MoreDCS settles final issue stemming from 2009 suit over rate cuts
November 27, 2012
Jennifer NelsonThe Indiana Department of Child Services announced Tuesday that is has reached a legal settlement with IARCCA, an Association
of Children & Family Services, over rates paid to cover additional staffing costs and cost-of-living expenses to residential
facilities and foster care agencies that serve abused and neglected children.
MoreDCS study committee to hold last meeting Tuesday
November 26, 2012
IL StaffThe Department of Child Services Interim Study Committee will meet for the last time Tuesday in the Indiana Government Center
to consider bill drafts, a final report and “other business,” according to the committee agenda.
MoreBudget session will not prevent state senators from working to improve DCS
November 20, 2012
IL StaffThe Indiana Department of Child Services will be part of the legislative agenda during the Indiana General Assembly’s
2013 session.
MoreCentralized hotline and hiring more workers among issues on DCS study committee agenda
November 5, 2012
Marilyn OdendahlThe centralized hotline system is among the topics to be discussed when the Department of Child Services Interim Study Committee
meets Nov. 8.
MoreStatute granting DCS immunity applies to nearly all of family’s claims
October 17, 2012
Jennifer NelsonA case involving the Department of Child Services before the Indiana Court of Appeals Wednesday provided the court with two
issues of first impression – the interpretation of a statute relating to the agency, and the liberty interests that
may reside with extended family members involved in the lawsuit.
MoreCOA split over whether DCS has authority to interview sibling
October 10, 2012
Jennifer NelsonAn Indiana Court of Appeals judge reached the opposite conclusion of her colleagues Wednesday in finding that the Department
of Child Services lacks the statutory authority to conduct a forensic interview of a non-subject child residing in the same
home as a child who has claimed abuse by a resident family member.
MoreZoeller to speak at DCS study committee Thursday
October 10, 2012
IL StaffIndiana Attorney General Greg Zoeller is scheduled to appear before the Department of Child Services Interim Study Committee
meeting Thursday afternoon.
MoreIndiana Department of Child Services urged to set course for new direction
October 10, 2012
Marilyn OdendahlWith 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.
MorePayne resigns as head of DCS
September 24, 2012
Jennifer NelsonJames W. Payne, the director of the Indiana Department of Child Services since 2004, submitted his resignation letter Monday
to Gov. Mitch Daniels. The resignation comes after news reports raised questions about his involvement in DCS actions pertaining
to his grandchildren.
MoreDCS launching pilot to address children with mental health issues
September 18, 2012
Jennifer NelsonThe 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.
MoreAttorney general’s office will now represent DCS on appeal
September 13, 2012
Jennifer NelsonIndiana Attorney General Greg Zoeller announced Thursday afternoon that the attorney general’s office will take over
appellate representation of the Department of Child Services. DCS currently utilizes attorneys of its choice in appellate
matters.
MoreCourts, DCS, Criminal Code Evaluation committees meet this week
September 4, 2012
IL StaffThe Commission on Courts holds its first meeting of the legislative interim Wednesday, and a common theme is the need for
more judges.
MoreDCS admits petition flawed; COA orders more proceedings
August 31, 2012
Jennifer NelsonThe Gibson Circuit Court committed fundamental error in terminating the parental rights of a mother and father over their
young child, the Indiana Court of Appeals held Friday. The Department of Child Services admitted that it failed to comply
with statute when filing the petition to terminate their parental rights.
MoreCase arising out of molestation not reported by DCS divides court
August 30, 2012
Jennifer NelsonA lawsuit brought by parents against the Department of Child Services and Evansville Police Department for not informing them
of their daughter’s molestation led each judge on the Court of Appeals panel to write his or her own opinion. The only
thing the judges agreed on is that the police department is not a proper party to the case.
MoreDCS, criminal law study committees meet this week
August 20, 2012
Jennifer NelsonThe Department of Child Services Interim Study Committee will meet for the first time Wednesday afternoon to discuss various
matters including funding and child in need of services cases.
MoreDCS taking recommendations for members of child fatality review teams
August 14, 2012
Marilyn OdendahlThe Indiana Department of Child Services has begun the process of establishing child fatality review teams across the state.
MoreCOA rules trial court should have allowed DCS to withdraw adoption consent
July 10, 2012
Dave StaffordThe Department of Child Services’ failure to investigate a child’s aunt as a possible adoptive parent –
and a trial court’s refusal to allow DCS to withdraw consent for foster parents to adopt after acknowledging its failure
– prompted the Indiana Court of Appeals to reverse a trial court order granting the foster parents’ petition to
adopt.
MoreCourt upholds former DCS worker’s child molesting convictions
June 27, 2012
Jennifer NelsonThe Indiana Court of Appeals affirmed the 24-year sentence imposed on a former Hamilton County Department of Child Services’
case manager found guilty of molesting his cousin’s son.
MoreJudges uphold termination of parental rights
May 30, 2012
Jennifer NelsonThe Indiana Court of Appeals found ample evidence that a mother took little to no steps to correct the problems that led to
her son’s removal and continued placement out of her care, so it affirmed the termination of parental rights. In its
opinion, the judges also discussed Indiana Evidence Rule 201(b) regarding judicial notice of “records of a court of
this state.”
MoreAppeals court reverses DCS judgment of CHINS
May 22, 2012
Dave StaffordA 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.
MoreConfidentiality issues raised
March 28, 2012
Michael HoskinsSt. Joseph County case creates concern about protecting callers’ identities on child abuse claims.
MoreGovernor signs DCS, new judge legislation
March 19, 2012
IL StaffGov. Mitch Daniels signed legislation last week that gives Johnson Superior Court a fourth judge and Allen Circuit Court another
full-time magistrate, and an enrolled act that makes changes to the Department of Child Services.
MoreCOA remands parental rights case
March 8, 2012
Michael HoskinsFinding that a trial judge and Indiana Department of Child Services didn’t follow the law before involuntarily terminating
parental rights, the Indiana Court of Appeals has sent the case back to Elkhart Circuit Court.
MoreOn rehearing, COA affirms original opinion
February 14, 2012
Jenny MontgomeryOn 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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Court Calendar
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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June 18, 2013 State of Indiana v. Robert Owens - 6/18/13
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June 18, 2013 Winston K. Wood v. State of Indiana - 6/18/13
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Never heard of remand to another state. How often does that happen?
I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.