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Meth use linked to increase in CHINS

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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.

Scott Wylie, plan administrator for the Volunteer Lawyer Program of Southwestern Indiana, said that he noticed during that same time period, the number of methamphetamine labs found in Vanderburgh County increased significantly. Indiana State Police show that in 2008, law enforcement seized 47 clandestine meth labs in the county. Last year, that number climbed to 95. While one might draw the conclusion that an increase in meth labs is directly tied to an increase in reported CHINS cases, data alone cannot reveal the complex reasons numbers are increasing in some counties, while dropping in others.

Wylie recalled that in 2008, 3-year-old Kalab Lay died after being returned to his parents’ Evansville home.

“There was a large amount of criticism in the Southwestern part of the state that the system had failed the young person by returning him to drug-addicted parents who ended up killing him and significantly injuring his sister,” he said.

Wylie said that perhaps the increasing number of CHINS cases in the Evansville area was a reaction to that incident, with nervous caseworkers reacting more strongly to allegations of abuse. In Marion County, that’s exactly what happened following the death of 3-year-old TaJanay Bailey in 2007.

After TaJanay

In November 2007, 3-year-old TaJanay Bailey died. She was just a few months old when the Indiana Department of Child Services first removed her from her mother’s care, and during her short life, she shifted back and forth between foster care and her mother’s home, where she sustained the injuries that caused her death.

Public outcry over TaJanay’s death made DCS caseworkers skittish about leaving neglected children in their homes.

“They began to remove kids right and left because they didn’t want to be on the front page of the paper,” said Dave Judkins, deputy director of field operations for the DCS. “We watched as that kind of played out in the press, the impact it had on our workers when they went out and dealt with these families.”

But, Judkins said, removing children from their homes can be terribly traumatic.

“The easiest thing to do to stay out of the paper would be to just remove kids, but you can’t do that; it’s just not right,” he said.

In the past few years, Judkins said, the DCS has begun to shift its approach to keeping children in homes whenever possible. About 80 percent of CHINS cases result from neglect, he said, with physical or sexual abuse accounting for a minority of the cases.

“I would tell you that I don’t think kids being raised in the system is a good thing,” Judkins said. “Kids should be raised in families, and preferably in their own families.”

Changing methods

In 2005, Indiana Gov. Mitch Daniels created DCS as a cabinet-level organization, reporting directly to his office. Before then, the Division of Family and Children – under the umbrella of the Family and Social Services Administration – oversaw child welfare issues. Along with the restructuring in 2005 came a renewed focus on creating uniformity in how child abuse and neglect is reported and processed. As part of that goal, in 2010 the DCS launched the new toll-free Indiana Child Abuse and Neglect Hotline.

Prior to the creation of the hotline, Judkins said, Indiana had 392 phone numbers for reporting child abuse. And after 4:30 p.m., when DCS workers went home for the day, incoming calls would roll over to local law enforcement. Little uniformity existed in how calls were handled.

“It was really that way every day at 4:30. And then on weekends, we frankly didn’t answer the phones either,” he said. “Two-thirds of the time, they weren’t going to get DCS; they would get probably a law enforcement agency or a contractual agency.”

Judkins said he’s uncertain about the accuracy of reported abuse and neglect calls prior to 2010. He also said that screen-outs – calls that are determined to not be about abuse or neglect – should have been noted in the system, but knowing that those calls would be purged in 30 days anyway, overworked operators may have neglected to log them.

Now, all hotline calls are answered in Marion County, 24 hours a day, every day of the week. And operators there apply the same criteria in evaluating reports across all counties. Dunn said that the slow drive toward uniformity could be causing the fluctuation in CHINS numbers from county to county.

“DCS has implemented a lot of new procedures and policies, and I think that those policies and the hotline have had different effects in different counties, depending on what their prior practice was,” she said. “So if you had a county that screened-out a lot to begin with, or tried to work with families before they filed a CHINS to begin with, and now, with the new hotline being centralized and new people answering it …. they may be more inclined to file a case because of the policies.” As a result, some counties’ numbers are going up.MethFeverChart.gif

When DCS rolled-out the new hotline, it also launched an advertising campaign to ensure people knew how to report abuse and neglect.

Substance abuse

Although the change in the way DCS handles reports of abuse and neglect may account for some of the unpredictable changes in new CHINS numbers, child welfare advocates say that substance abuse increases the odds that children will be neglected at home – particularly if the parents are abusing methamphetamine.

“I don’t think there’s any question that there’s neglect at a greater rate when parents are on a drug like that and are not able to give their attention to their kids,” Dunn said.
 

crawford-niki-mug.jpg Crawford

First Sgt. Niki Crawford, commander of the Indiana State Police Meth Suppression Section, said police are finding more meth labs in Indiana than ever before – and not just because they’ve become more adept at detecting them. Through June 30, 2011, police seized 741 clandestine meth labs, compared to 672 in the same timeframe last year. And in the first six months of this year, police identified 181 children living in meth homes. In all of 2010, 282 children were living in meth lab homes.

“Probably the number one issue is neglect,” Crawford said. “These children are simply neglected. They’re having to get themselves up and get ready for school, they have to make their own meals.”

A more grim side effect of meth use, Crawford said, is that it causes sexual arousal combined with poor judgment and erratic behavior, which often leads to sexual abuse in homes where meth is being used and manufactured.

Judkins said children would not necessarily be removed from homes where parents have abused drugs, but if the children are in danger or if the parents are taken to jail, DCS will remove the child.

Judkins, who lives in northeastern Indiana, said, “I think up there, every time you read the paper, it’s people getting arrested for meth use, meth labs, precursors – it’s cheap, it’s easy. I don’t know that we can do a lot about the meth issues; we’re in a reactive mode, and we get called after there’s a problem.”

The National Association of Children of Alcoholics reports that 79.6 percent of welfare professionals say drug and alcohol abuse contributes to at least half of all cases of child maltreatment.•

__________

In the next issue of Indiana Lawyer, read about how DCS efforts are reuniting broken families and exceeding national benchmarks for child permanency.

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  1. 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.

  2. 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.

  3. 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)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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