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Strategic planning needed to improve child services

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Years before the Department of Child Services came under scrutiny for high-profile failings of its statewide child abuse hotline, the judiciary was exploring ways to improve the entire system of juvenile justice, Indiana Justice Loretta Rush said.

Rush is a member of the DCS interim study commission and has been designated to serve on a proposed commission on improving the status of children. In an interview the day after the study panel wrapped up its work, she said its recommendation to create a commission on children represents an opportunity for stakeholders to speak with one voice.

loretta-rush-15col.jpg Justice Loretta Rush will serve on a commission on improving the status of children proposed by a DCS study panel. (IL Photo/ Perry Reichanadter)

“Even before the DCS study committee came about, we were thinking about working on something at the state level,” Rush said. “We need an organization that’s going to meet regularly with individuals with authority at the table so it can be productive.”

Scrutiny of DCS’s handling of hotline calls in the wake of child deaths spurred the study commission. But Rush said DCS reform efforts began in 2008 when she was among judges and court administration staff tapped by then-Chief Justice Randall Shepard to find ways to improve collaboration on juvenile issues among the executive, legislative and judicial branches.

Part of the result was a National Center for State Courts analysis and strategic plan completed in March. It noted that more than 30 entities, committees or groups focus on child services in the state. “The existing committees and entities tend to focus on certain specific projects or on an

immediate need/crisis, but there are no overall strategic planning efforts,” the NCSC report said.

The NCSC recommended creation of a statewide commission on children that would bring together stakeholders. Draft legislation approved by the study commission would do just that. A separate proposed commission would have direct oversight of DCS.

Morgan Superior Judge Christopher Burnham served with Rush on the interim study committee and also was among trial court judges that Shepard tasked to study reforms in 2008. Burnham is optimistic proposed reforms will have momentum in the 2013 General Assembly.

“I think with the ideas that were put forth and the unanimity that came out of the committee as far as the legislators participating, I think there’s going to be some movement in the next session,” Burnham said.

In addition to the proposed commissions, the DCS study panel also recommended legislation and policy reforms that would:

• Route calls to the statewide child abuse hotline back to local DCS offices, where determinations will be made on necessary investigation and follow up;

• Reduce the number of hotline calls “screened out” and not referred for investigation;

• Restore the authority of prosecutors to file Child in Need of Services petitions;

• Require disclosure of DCS investigations and CHINS designations in petitions to modify visitation, custody or guardianship; and

• Localize decision-making regarding child fatality review teams.

Acting DCS Director John Ryan said in an email that the agency “will continue to work to be a resource for the legislature and the new administration as we explore the feasibility of the proposals during the 2013 General Assembly.”

Christy Denault, a spokeswoman for the transition team of Gov.-elect Mike Pence, said there would be no comment on the study commission’s proposals.

The proposed commissions on DCS oversight and improving the status of children can be successful, said interim study committee co-chair Sen. Travis Holdman, R-Markle.

“There’s no reason why they shouldn’t be,” Holdman said. “We have the right people on those committees. There’s been a whole new spirit of cooperation and communication (from DCS), and it’s been invaluable,” he said.

travis holdman Holdman

Study committee co-chair Rep. Kevin Mahan, R-Hartford City, said the theme of proposed revisions is shifting power back to local DCS offices and case workers.

“I think the public perception was this study committee was going to just be a big partisan fight,” Mahan said. “I was very pleased to see Democrats, Republicans and lay people sit on a committee where we talked about what we can do to take a system that has been improved and truly make it better.”

Holdman said Rush had been an early advocate for establishing a commission on improving the status of children in addition to a panel that would oversee DCS.

Innovative approaches to the persistent problems of child abuse and juvenile crime are likelier to happen when stakeholders from DCS, the judiciary, the Legislature, education, health care, mental health service providers and the public are involved, Rush said. The proposed 12-member commission on children would have such membership.

The commission would have a broad mandate, according to the draft legislation. It would evaluate DCS policies and practices and propose legislation on services and funding. The commission also would annually review key state rankings on a host of measures of children’s well-being. Those markers include academic success, early childhood education, childhood poverty and hunger, health, child abuse and neglect, detention rates and infant mortality.

That kind of data collection hasn’t been an emphasis in the past, Rush said.

Rush presided over a Tippecanoe Superior Court that handled juvenile and family court matters before she joined the Supreme Court in November. She made a point of making the Tippecanoe County court as open as possible. “The response is just tremendous,” she said.

People respond when they learn of the traumas children are going through in their communities, Rush said. She noted examples from her experience including a child removed from a home that contained a meth lab, and a 10-year-old who appeared in her court who was pregnant.

In Tippecanoe County, Rush said youth mentoring programs and after-school programs had made a difference, as had a community program to supply young people in need with backpacks full of food when they left school each Friday. Alternatives had reduced the population of juveniles in detention by 50 percent without increasing arrests.

“The government can’t do it alone,” she said. “It has to be communitywide and statewide.”

Rush said she doesn’t expect to actively lobby for passage of the measures that emerged from the study committee. She said her role is different.

“For me, it’s to keep shining the spotlight on youth,” she said, “and don’t accept the status quo.”•

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Kids commissions

Draft legislation emerged from the interim study commission examining issues surrounding the Indiana Department of Child Services. Below are links to two pieces of proposed legislation that would:

Create a DCS oversight committee.
http://www.in.gov/legislative/interim/committee/prelim/CSIC03.pdf

Create a commission on improving the status of children.
http://www.in.gov/legislative/interim/committee/prelim/CSIC02.pdf

Other recommendations and minutes of the study commission can be viewed at:
http://www.in.gov/legislative/interim/committee/csic.html

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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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