Appeals court rules against father in DCS dispute
A father fighting child welfare investigations that resulted in his son’s removal from his custody has lost his appeals of multiple motions granted by the trial court that damaged his case.
Department of Child Services
-
Year in Review: In 2019, troubles dominated legal news
When those in the legal community look back at 2019, they may turn their heads and look forward instead. While the year had bright spots, several sordid sagas dominated the headlines.
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
Articles
Reversal: Father’s due process rights violated in TPR case
The Indiana Court of Appeals on Thursday reversed the termination of a father’s parent-child relationship after concluding his due process rights had been violated. The Department of Child Services, the appellate court found, did not make reasonable efforts to reunify the father and child.
DCS seeks to keep records sealed in class-action care suit
Lawyers for Indiana’s Department of Child Services are pushing to seal records in a federal class action lawsuit accusing the child welfare agency of inadequately protecting thousands of children in its care.
Report: Indiana deaths up from child abuse, neglect
The Indiana Department of Child Services says child neglect and abuse deaths increased during fiscal year 2017. A report released Friday details 65 deaths that resulted directly from abuse or neglect.
DCS director claims lawsuit is ‘misleading and harmful’
Claiming outside advocates were relying on “an inflammatory and outdated account,” Indiana Department of Child Services director Terry Stigdon released a video statement Monday in response to the lawsuit filed last week charging the state agency with inflicting further harm on children entering the foster care system.
Supreme Court rejects DCS ‘piecemeal litigation’ in CHINS cases
In response to the question of whether the Department of Child Services can file successive CHINS petitions based on evidence available at the time of the original petition — a practice that has drawn ire from the Indiana Court of Appeals — the Indiana Supreme Court has ruled that such a practice is barred. However, the specifics of the case the court addressed Thursday did not require reversal.
DCS lawsuit details harm to children
An 81-page lawsuit filed Tuesday against the Indiana Department of Child Services claims the agency is failing to protect children and further inflicting trauma by placing foster children in inappropriate, unstable or overly restrictive facilities and not providing the necessary medical and mental health care.
Reversal: Insufficient evidence to support termination of mother’s rights
A mother’s efforts to get her life back on track and reunite with her daughter were recognized by the Indiana Court of Appeals on Friday, which reversed an order terminating the mother’s parent-child relationship for insufficient evidence.
COA reverses $66K restitution order for insufficient evidence
A father will still get time behind bars for failing to pay at least a decade’s worth of child support, but questions as to how much he owes led to the reversal of his more than $66,000 restitution order on Friday.
Indiana father acquitted in starvation death of 2-month-old
An Indianapolis man has been acquitted in the 2017 starvation death of his 2-month-old daughter. A jury returned the verdict late Wednesday in the case against William Moss following two days of testimony in Marion County Criminal Court.
COA affirms CHINS adjudication in timeliness argument
The Indiana Court of Appeals has affirmed a child in need of services adjudication after concluding the dismissal sanction for failure to timely conduct a CHINS factfinding hearing is not a mechanism to collaterally attack a CHINS adjudication.
Cameras permitted in courts to celebrate National Adoption Day
Hoosier families celebrating adoption later this year will have the chance to commemorate the experience with cameras in the courtroom.
IPS pays $600K to settle counselor sex abuse lawsuits
Indianapolis Public Schools paid almost $600,000 to settle three lawsuits in a case involving a former school counselor who was accused of having sex with students.
Man’s conviction for harassing DCS case manager stands
A man convicted of harassing his Department of Child Services case manager to the point that she quit her job and moved to another county lost an appeal of his conviction Thursday, failing to convince the appellate court that the offense didn’t occur in Indiana.
Res judicata leads to remand of CHINS determination
Saying it was “troubled” by how the Department of Child Services chose to litigate two nearly back-to-back child welfare cases, the Indiana Court of Appeals has ordered a trial court to re-evaluate a 2018 CHINS petition without relying on facts that were available for litigation during a 2017 CHINS proceeding.
State argues more lawyers not needed in CHINS, TPR cases
In response to a lawsuit seeking to require the state appoint attorneys to represent children in termination of parental rights or children in need of services proceedings, Indiana is arguing that adding more lawyers would only flatter the legal professionals and not mollify tragic circumstances.
CHINS case dismissed for untimely fact-finding hearing
A child in need of services case has been dismissed after an appellate panel concluded that a mother’s motion to dismiss because the fact-finding hearing was not completed within the statutory timeframe was incorrectly denied by the trial court.
General Assembly passes DCS reforms
As Senate Enrolled Act 1 was heading for its third and final reading in the Indiana House of Representatives, Rep. Vanessa Summers reminded her colleagues that their work in helping reform the Department of Child Services is not finished.
Lawmakers approve $34.6B budget to wrap up session
The Indiana General Assembly has approved the state’s $34.6 billion budget for the next two years, sending it to Gov. Eric Holcomb for his signature days ahead of the legislative deadline.
Parents charged in suspected starvation death of 2-month-old
An Indianapolis woman has been sentenced to seven years in prison for the 2017 starvation death of her 2-month-old daughter.