Concerns about CHINS petitions raised during budget hearings
After the Indiana Department of Child Services made its presentation to the Senate Appropriations Committee Thursday, the discussion quickly turned to Child in Need of Services petitions.
Child in need of services
Articles
Prosecutor can’t grant use immunity to parents of injured infant
The Indiana Supreme Court held Wednesday that a prosecutor can’t petition a court to compel a party to testify under the grant of use immunity when the party is the primary target of the investigation and has invoked his constitutional right against self-incrimination if no charges have been filed or a grand jury proceeding hasn’t been initiated.
Mother not denied due process by not having appointed counsel in CHINS case
While disappointed that a trial court did not follow through with the appointment of counsel for a mother regarding a child in need of services action, any error in that failure was harmless, the Indiana Court of Appeals ruled Thursday. It upheld the termination of mother J.A.’s parental rights to her son G.P.
House Committee approves CHINS bill returning power to prosecuting attorneys
A bill giving prosecuting attorneys the ability to file a Child in Need of Services petition continues to garner strong support in the Indiana General Assembly.
Bills on magistrates; custody and visitation pass House
The Indiana House of Representatives passed House Bill 1041 Thursday morning 96-0. The bill addresses petitions to modify custody and visitation involving children who have been abused or neglected.
Court reverses DCS order requiring mother to take prescribed meds
A mother whose child was adjudicated as child in need of services won a partial victory before the Indiana Court of Appeals Wednesday.
Indiana GAL/CASA program gets national grant
Indiana’s State Office of the GAL/CASA has been awarded a $40,000 grant from the National Court Appointed Special Advocate Association. The money will be used to support local programs that provide volunteer advocacy for abused and neglected children in Indiana.
DCS launching pilot to address children with mental health issues
The Department of Child Services announced Monday that it will fund a two-month pilot program that will utilize local services to provide help for juveniles with mental health issues.
Appeals court reverses termination of father’s rights
The Department of Child Services failed to prove that a father’s children were removed for cause required under state statute, and the trial court erred in terminating the parental rights of the Dearborn County man.
Mom’s progress leads court to reverse termination
A Grant County mother who lost parental rights to twin children won a reversal of the termination order after the Indiana Court of Appeals noted her progress in areas of concern to the Department of Child Services.
Judges reverse CHINS determination
The Indiana Court of Appeals reversed the determination that a brother and sister are children in need of services, finding there was “simply no evidence” to support the finding.
Legislature announces summer study committees
The Legislative Council of the Indiana General Assembly has assigned the study topics various committees will examine this summer and fall. Some of the areas include creating a centralized department of administrative law judges and review of various Department of Child Services practices.
Appeals court reverses DCS judgment of CHINS
A 16-year-old Indianapolis girl was improperly adjudicated a child in need of services, and her mother should not have been subject to Department of Child Services oversight, the Indiana Court of Appeals ruled Tuesday.
Courts not responsible to find person named in subpoena
It is not up to the court to find someone named in a subpoena if the person requesting it doesn’t know where to send the subpoena, the Indiana Court of Appeals ruled. That argument was being made by an incarcerated father appealing a determination that his child is in need of services.
On rehearing, COA affirms original opinion
On petition for rehearing, the state Department of Child Services claims that the appellate court imposed an undue burden upon the agency by recognizing that DCS has to make a prima facie showing regarding current conditions before the parent is obliged to come forward with evidence.
A decade of court data is revealed
Figures in the latest Judicial Service Report show near record-level filings continue and that the state needs more judges.
Guidance offered on incarcerated parents’ attendance at termination hearings
Scolding the Indiana Department of Child Services for how it handled a parental termination case, the Indiana Supreme Court has found an incarcerated mother’s due process rights were not violated when she did not receive adequate notice about pending proceedings that would affect her rights as a parent or when she was not allowed to attend the hearings.
Court: CHINS fact-finding hearing required by due process
The Indiana Court of Appeals disagrees with the state Department of Child Services that fact-finding and dispositional hearings in a child in need of services case are interchangeable. The appellate panel has ruled a Marion County father’s due process rights were denied because he didn’t receive the opportunity for a fact-finding hearing.
Indiana makes gains in permanent placement
The state sees improvement, but aims to do better.
Meth use linked to increase in CHINS
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.