Less than a month after a federal court denied a motion to dismiss, the Indiana Department of Child Services is asking the judge to reconsider the original motion as well as review a second motion to dismiss in an attempt to derail a lawsuit alleging the state violated the constitutional rights of children in its care.
New law gives moms, dads behind bars hope in TPR cases
Christina Kovats and Kristina Byers previously served time at the Indiana Women’s Prison, and this year they became advocates who worked to draft Indiana legislation aimed at dismantling the black-and-white mentality regarding termination of parental rights for incarcerated mothers. A new law now gives judges discretion in TPR cases involving parents behind bars.Read More
Lawsuit claims DCS failing to protect children and inflicting further harm
Children going into the state’s child welfare system end up more broken, attorneys suing the Department of Child Services say, because they are not being provided with therapy and treatment to help them heal. Rather, the lawyers contend, DCS is just finding beds to stick the kids in and forgetting about their other needs.Read More
A lawsuit alleging harm and constitutional violations by the Department of Child Services has survived a motion for summary judgment after a federal judge found the children plaintiffs have sufficiently claimed the state failed to protect them.
An Indiana Court of Appeals panel has reversed for two parents in a termination of parental rights case after finding that reasonable efforts were not made by the Department of Child Services to reunify them with their children.
Criticizing the Department of Child Services for attempting to take a “second bite of the proverbial apple” by filing a successive CHINS petition, the Indiana Supreme Court has reversed a CHINS adjudication and instead dismissed the petition with prejudice.
A child in need of services adjudication was upheld Thursday by the Indiana Court of Appeals after it found that the admission of testimony by phone from a doctor amounted to harmless error.
A unanimous Indiana Supreme Court has affirmed the denial of a mother’s motion to dismiss her termination of parental rights petition after finding she wasn’t entitled to a dismissal under the circumstances.
An Indianapolis mother convicted of felony battery after striking her son with an electrical cord failed to convince the Indiana Court of Appeals that the charges against her could be defeated by the concept of parental privilege.
The admission of positive drug test results under the business-records exception was affirmed by the Indiana Court of Appeals in a Monday child in need of services case, despite a father’s argument that admission of the evidence was erroneous.
Compassion. Persistence. Patience. These are shared qualities that Indiana’s court appointed special advocates have when working with thousands of Hoosier kids in the child welfare system each year. Indiana Lawyer spoke with a few of those advocates about their personal experiences as CASAs following a 30th anniversary celebration of the Indiana Office of GAL/CASA on March 4.
Hundreds of CASA volunteers formed a wave of blue at the Indiana Statehouse on Wednesday in celebration of the 30th anniversary of the Indiana State Office of GAL/CASA.
A lawsuit filed by 10 Hoosier children who argued Indiana should be required to provide legal counsel to youngsters involved in children in need of services proceedings was dismissed Tuesday in federal court. Attorneys who filed the case, however, indicated the matter is far from over.
Hoosiers who volunteer their time and energy advocating on behalf of kids in the child welfare system will have a chance next week to celebrate more than three decades of effort.
The Indiana Supreme Court declined to hear 19 cases out of 23 petitions for transfer last week but agreed to hear cases involving post-conviction relief and termination of parental rights, among others.
A father will have his parental rights restored after an Indiana Court of Appeals ruling that reiterated the Department of Child Services does not have the authority to set policy inconsistent with the law.
In a case of first impression, the Indiana Supreme Court found a trial rule trumped the CHINS statutory deadline after a mother was first granted a continuance, then moved to have the case dismissed because the court took longer than 120 days to complete the factfinding.
A mother and father whose parental rights were terminated did not persuade the Indiana Court of Appeals to reverse the termination because they were deprived of the right to determine their child’s adoptive placement.
A trial court erred in terminating a mother’s parental rights to her two minor children, finding the potential of the children’s reunification with their father and their continuing bond with their mom made the termination of their relationship with their mother not in their best interests.
Indiana’s largest organization that advocates for the interests of child victims of abuse has received the largest donation in its history — a $5 million grant from the Lilly Endowment. “They call it a transformational gift, and it certainly is for us,” Child Advocates CEO Cindy Booth said of the award.
The parents of four children who were all adjudicated as children in need of services have lost their appeal of the CHINS determinations, with the Indiana Court of Appeals dismissing arguments claiming error on the part of the trial court and the Department of Child Services.
Courts as conveners: Task force led by Rush releases recommendations for judicial response to opioid crisis
The National Judicial Opioid Task Force was created in 2017 to delve into ways the judiciary could get a handle on the opioid crisis. Co-chaired by Indiana Chief Justice Loretta Rush, the task force’s work culminated late last month in the release of a report that includes four findings and six recommendations for how courts can respond to the current drug scourge and be better prepared for the next addiction crisis.