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Rising CHINS cases cause concern

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In some of Indiana’s rural southern counties, the number of substantiated abuse cases has risen dramatically in recent years. And some of the least populous areas of the state report the most per-capita abuse cases. In fiscal year 2009, Scott County – with its population of about 24,000 people – had 42.2 substantiated child abuse and neglect cases per 1,000 people under the age of 18. That figure from the Indiana Department of Child Services Demographics and Trending Report is one of many that is significantly higher than the state average of 15.6 cases per 1,000.

Judges, lawyers, and police officers in some of these counties don’t need to see the numbers to tell you there’s a problem. They’ve seen their communities being slowly eroded by family violence, poverty, and addiction. Jennings County attorney Chuck Waggoner, who practices in North Vernon, said that in many cases, families have fought the same challenges for generations.

“Can you move from one place to another place in the course of 12 hours without having a truck? We have a lot of folks who can do that,” he said. “And those folks seem to go from crisis to crisis to crisis. And those children – from the time they’re born – they never get a positive stroke for anything.”

Recent trends

Scott Circuit Judge Roger Duvall knows that his county is at the top of the list when it comes to Children In Need of Services cases. But he said he wonders about the accuracy of child abuse statistics collected before January 2010, when the DCS centralized its child abuse call center. Instead of all calls going to local DCS offices, they are now answered in Marion County, and DCS workers there refer the calls back to local counties for investigation.
 

duvall-roger-mug Duvall

“For us, traditionally our numbers have always been high,” Judge Duvall said. “I do think for some counties, I believe the call-in center maybe has provided better access. I wonder if generally just the gross calls – all calls in reporting abuse or neglect – went up after the call-in center came into play for all the Indiana counties.”

When calls are kicked back to the county of origin for local DCS caseworkers to investigate, small-town communities have perspective that caseworkers in urban areas may not have.

Jennings Circuit Judge Jon Webster said in his county, “Everybody almost knows everyone.” Waggoner said that caseworkers in small counties may be more inclined to investigate an allegation of abuse, based on what they know about that family’s history.

“I can tell you that there was a time when I had three generations – grandpa, dad, and son – all in prison for armed robbery,” Waggoner said. “Right now I can tell you probably 15 cases of various crimes in our small community where that family is central to the case, whether it’s a civil case or criminal case.”


webster-jon-mug Webster

In Marion County – where the population exceeds Jennings County’s by roughly 877,000 people – a caseworker who receives a report alleging child abuse may not recognize a family name or remember a family’s past interactions with the law.

“What are the chances of a caseworker in Marion County who’s going to conduct a screen and is going to know this name off the top of their head?” Judge Duvall said.

The family unit

Maria Burks has been a licensed counselor for 30 years. The county in which she resides – Washington – is below the state average in per-capita child abuse cases. Most clients she sees come from her own county or neighboring Scott County, although she said she has had clients travel to her office from 50 to 75 miles away. As the economy has shifted away from farming and toward manufacturing, she has seen a change in the population.

“Fifty years ago, kids were very involved in day-to-day operations of what was going on,” she said. “Everybody pitched in and had to do a part, and I don’t feel like that kind of families working together to achieve something together is happening much at all anymore.”

Burks says over time, she has seen the traditional family – two parents, both present in the home and sharing in the responsibility of raising children – begin to fade away.

“It’s a very difficult thing to blend families – a lot of people don’t realize that – but I see a lot of people in my practice trying to do that,” she said. “It’s a great need for people to address blended families, stepfamilies … most of these young parents are just repeating whatever has happened to them, and if that was good, that’s good.” But she has seen her share of parents repeating the abusive behavior of their own parents.

Waggoner has observed the same trend.

“I credit a lot of it to fractured families … it’s not their birth child. Either they haven’t taken the time or don’t even want to try to become a parent to the child,” he said. “I literally sit down with cases and have to chart the family tree so that I know whose child is whose, so I know which one is a half-brother, which one is a stepbrother … the water has gotten muddy.”

Waggoner said that children growing up in blended families may be confused by contradicting rules between households.


waggoner-chuck-mug Waggoner

“When you have stepdads and stepmoms and stepbrothers and stepsisters … it’s hard for a child to know, ‘Whose rules are my rules?” Waggoner said.

Some children in Southern Indiana grow up with only one parent. Teen pregnancy rates in Jennings and Scott counties are high – and on-par with Marion County’s rates. But single moms in poor, remote counties may not have the same access to services and supports that city populations have.

“I think kids 30 years ago had more people in their lives,” Burks said. “It wasn’t unusual for grandparents to live with families, so there were other adults around. That’s very helpful to kids sometimes, when they’re not only depending on one person.”

Socioeconomic factors

Judge Webster has noticed that Dubois County seems to be an anomaly in the Southern part of the state. The DCS trending report shows the county as having 7.42 cases of substantiated child abuse and neglect per 1,000 people under the age of 18. Its western neighbor, Pike County, has 44.8 such cases, and its eastern neighbor, Crawford County, reports 30.8.

Judge Webster noted that Dubois is known for having a “pocket of wealth” – the city of Jasper. In such counties, he said, it’s likely that a well-to-do, educated minority could be lowering the average incidences of child abuse.

“I think if you look at the numbers for all 92 counties, there’s a real direct correlation between the socioeconomic situation and the CHINS cases.chinschart

The Robert Wood Johnson Foundation and the University of Wisconsin Population Health Institute create the County Health Rankings report for each county in all 50 states. Its 2011 report shows Scott County as number 92 in Indiana, meaning it has the worst overall health in the state. Researchers consider a wide range of factors in determining a county’s health, among them low birth weight, education level, and unemployment. Scott County’s unemployment rate is about 12.6 percent, the rankings show, placing it above the estimated 10 percent for the state of Indiana.

The report shows that the Southern Indiana counties of Switzerland and Pike are numbers 89 and 90, respectively. Jennings County is 85th in overall health – a statistic that seems to support Judge Webster’s assessment of what’s happening in his community.

“I don’t think it’s coincidence that Jennings and Scott counties are so close in their numbers,” he said of the annual DCS trending statistics. “We’re at the top of almost every category – number of calls to the call center, number of removals, number of children adjudicated as CHINS cases,” he said. “We have far too many people who don’t finish school. Out-of-wedlock pregnancies are skyrocketing in this county. You have so many women out here trying to raise children with no help and no money.”

And where socioeconomic difficulties have become overwhelming, so, too, has drug and alcohol abuse.•

In the Aug. 31 edition of Indiana Lawyer, read Part II of this story to learn about how methamphetamine and other drug abuse has fueled an increase in the number of children being removed from their homes. Trends in Northern Indiana, as well as statewide efforts to mitigate child abuse, will also be featured in Part II.
 

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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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