Indiana Department of Child Services

Legislature's end suspenseful for legal community

March 15, 2010
Michael Hoskins
As the Indiana General Assembly got down to its final hours in a short-session, significant changes for the Hoosier legal community were on the table to possibly increase the number of appellate judges, change how one county chooses its trial judges, and impact how juveniles can be placed outside the state.
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Houses active as session nears end

March 5, 2010
IL Staff
As this year's legislative session winds down, several bills of interest to the legal community have made it through both houses, but many remained stuck in conference committee Thursday.
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Mistake invalidates termination of dad's rights

March 3, 2010
Jennifer Nelson
A father's consent to voluntarily terminate his parental rights so his sister could adopt his daughter was invalidated by misrepresentations made by a family case manager for the Department of Child Services. As such, the father's petition to set aside the judgment should have been granted, the Indiana Court of Appeals ruled today.
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House OKs child support-casino bill

March 3, 2010
Michael Hoskins
Lawmakers have passed a bill that allows the Indiana Department of Child Services to more efficiently collect delinquent child support, including a gaming intercept requiring casinos to check whether gamers are on a state delinquency list before releasing large jackpots to them.
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DCS to appeal injunction on rate cuts

February 19, 2010
Jennifer Nelson
The Indiana Department of Child Services wants the 7th Circuit Court of Appeals to review a judge's decision to temporarily stop DCS rate cuts.
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Out-of-state placement bill goes to House

January 29, 2010
Michael Hoskins
A legislative committee has given its OK to a bill that would repeal a last-minute 2009 special session provision, which gave the Indiana Department of Child Services key control in deciding whether juveniles can be placed outside the state.
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'Quality of care' at stake in DCS rate-cut case

January 27, 2010
Jennifer Nelson
The federal judge who granted a preliminary injunction in the combined suits against the Department of Child Services for cutting reimbursement rates for adoptive and foster parents and child care agencies found the quality of care for children would suffer if the rate cuts stood.
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Judge blocks DCS rate changes for now

January 21, 2010
Michael Hoskins
A federal judge in Indianapolis has temporarily blocked the Indiana Department of Child Services from reducing the amounts it pays to foster and adoptive parents and juvenile-service providers.
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Bill seeks to repeal placements statute

January 20, 2010
Michael Hoskins
Lawmakers are considering legislation that would repeal a last-minute 2009 special session provision that gave the Indiana Department of Child Services key control in deciding whether juveniles should be placed outside the state.
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Provision in new bill would withhold 'big' wins from deadbeat parents

January 20, 2010
Michael Hoskins
State lawmakers want to crack down on child support collections and make it tougher for deadbeat parents to not pay what's owed.
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Senate panel approves gaming intercept tool

January 13, 2010
Michael Hoskins
The full Senate will now decide whether casinos should be forced to check if certain gamblers winning larger jackpots are on a delinquent child support list, and if those gaming winnings should be automatically frozen and put toward the amount owed.
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Parents, child service provider group sue DCS over subsidies

January 6, 2010
Michael Hoskins
In a one-two punch, a pair of lawsuits filed a week apart in December hit the Indiana Department of Child Services square in the gut over how the agency planned to reduce payment rates for foster and adoptive parents and juvenile service providers.
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Nonprofit sues over DCS rate cuts

December 16, 2009
Jennifer Nelson
A nonprofit organization made up of agencies that provide services to abused and neglected kids is suing the Indiana Department of Child Services for cutting rates paid to the agencies next year.
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Governor names first DCS ombudsman

November 16, 2009
IL Staff
An Indianapolis woman with nearly three decades of experience working in child welfare, social work, and family counseling has been named the state's first Department of Child Services ombudsman. Gov. Mitch Daniels announced the selection Nov. 13.
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Committee ponders DCS authority of juveniles

October 2, 2009
Michael Hoskins
An interim legislative committee is deciding what it should do about a last-minute, special session addition giving the Department of Child Services even more control over juvenile justice decisions that judges have historically been entrusted to make.
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Court erred in ordering DCS to pay costs

September 28, 2009
Jennifer Nelson
The Indiana Department of Child Services isn't responsible for the costs of a minor's secure detention because it never entered into a written agreement with the juvenile court to cover the costs, the Indiana Court of Appeals ruled today.
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Court upholds out-of-state juvenile placement

August 10, 2009
Jennifer Nelson
The Indiana Court of Appeals affirmed the placement of a juvenile delinquent in an out-of-state shelter care facility over the objection of the Indiana Department of Child Services, finding the trial court complied with statutes that allow it to place the juvenile in a non-Indiana facility. A recent change to one of those statutes now shifts the burden of payment to out-of-state facilities from DCS to the counties.
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County must pay for parent's appointed attorney

August 7, 2009
Jennifer Nelson
Noting a paradigm shift in parental rights termination cases due to House Enrolled Act 1001, one Indiana Court of Appeals judge believed the Department of Child Services instead of the counties should be responsible for the costs of appointed counsel in these types of proceedings.
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High court hears first 'rocket docket' appeal

April 17, 2009
Jennifer Nelson
In the first appeal of a juvenile case under Indiana Appellate Rule 14.1, the "rocket docket," the Indiana Supreme Court ruled the juvenile court's determination that a child shouldn't be immediately reunited with his mother until after the school year concluded - contrary to what the Department of Child Services recommended - wasn't clearly erroneous.
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Lawyers challenge imbalance of power

March 18, 2009
Michael Hoskins
Budget statute affected juvenile codes and gives the Department of Child Services oversight of judicial decision-making.
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'Rocket docket' now set for juvenile appeals

January 8, 2009
Michael Hoskins
New rules from the Indiana Supreme Court this week officially create an expedited "rocket docket" for certain juvenile cases going through the appellate system.
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Statute must be followed in all CHINS cases

November 18, 2008
Jennifer Nelson
The Indiana Court of Appeals today affirmed the involuntary termination of parental rights of a mother and father, but cautioned the Marion County Department of Child Services to continue to follow the statutory procedures in child in need of services cases and termination cases even if a court determines reunification efforts aren't required.
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COA reverses child welfare molestation case

October 31, 2008
Michael Hoskins
The Indiana Court of Appeals has tossed out the convictions and 106-year sentence of a former Hamilton County child welfare worker accused of molesting two boys, including an autistic boy who he'd mentored.
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Court: CHINS records aren't available to media

October 10, 2008
Jennifer Nelson
The circumstances that led to two siblings being deemed as children in need of services and the media attention their family received don't justify the trial court allowing the media access to the children's CHINS records, the Indiana Court of Appeals ruled today.
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  1. Applause, applause, applause ..... but, is this duty to serve the constitutional order not much more incumbent upon the State, whose only aim is to be pure and unadulterated justice, than defense counsel, who is also charged with gaining a result for a client? I agree both are responsible, but it seems to me that the government attorneys bear a burden much heavier than defense counsel .... "“I note, much as we did in Mechling v. State, 16 N.E.3d 1015 (Ind. Ct. App. 2014), trans. denied, that the attorneys representing the State and the defendant are both officers of the court and have a responsibility to correct any obvious errors at the time they are committed."

  2. Do I have to hire an attorney to get co-guardianship of my brother? My father has guardianship and my older sister was his co-guardian until this Dec 2014 when she passed and my father was me to go on as the co-guardian, but funds are limit and we need to get this process taken care of quickly as our fathers health isn't the greatest. So please advise me if there is anyway to do this our self or if it requires a lawyer? Thank you

  3. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  4. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  5. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

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