Articles

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Claiming outside advocates were relying on “an inflammatory and outdated account,” Indiana Department of Child Services director Terry Stigdon released a video statement Monday in response to the lawsuit filed last week charging the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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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