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.
Web exclusive: Judges, lawyers invest time in hobbies under stay-at-home orders
Extra hours away from the outside world because of stay-at-home orders offered Indiana’s judges and attorneys at least one positive thing during the coronavirus-pandemic – time. Whether spending time with family or using quiet moments of solitude to revive rusty creative skills, many legal professionals are finding the joy and peace of everyday tasks in the midst of uncertain times.Read More
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
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
An appellate court has dismissed a case involving allegations made against a father to the Indiana Department of Child Services, finding that it doesn’t have jurisdiction over the proceedings in his case.
Indiana trial courts and the Department of Child Services continue to deprive parents of their due process rights after years of warnings, the Indiana Court of Appeals said Wednesday, reversing the termination of a mother’s parental rights when the termination hearing went on without her or her lawyer present. In doing so, appellate judges strongly restated that courts and DCS have a duty to ensure parents’ rights aren’t violated.
Senior Indiana Court of Appeals Judge Michael Barnes died Friday morning in South Bend, leaving a legacy of more than 40 years in public service.
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.
A father who sued the Indiana Department of Child Services after his son died in the custody of his mother and her boyfriend was barred from continuing with his lawsuit Wednesday by the Indiana Court of Appeals. A panel of judges ruled for DCS, finding the father had not timely given the agency tort claim notice.
A juvenile delinquent and her mother successfully appealed an order requiring that they pay more than $11,000 for secure detention costs after an appellate panel found no inquires were ever made concerning the mother’s ability to pay.
Former employees of the Indiana Attorney General’s Office and the Indiana Department of Child Services who were listed as ineligible for rehire after being let go did not convince the Indiana Court of Appeals that their dismissed cases against the state deserved reversal.
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.
A man seeking to adopt his ex-wife’s child had his case dismissed by the Indiana Court of Appeals on Monday after it found no indication that he sought certification from the trial court or permission from the appellate court to file a discretionary interlocutory appeal, among other things.
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.
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.
A Virginia woman accused of abducting her four children and leading authorities on a nationwide chase for several months was taken into custody Wednesday morning in Plainfield, authorities said.
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 new report shows that 65 Indiana children died from abuse or neglect during 2018, the same number as its last year-long review. The Indiana Department of Child Services said it investigated 242 child fatalities that happened in 2018, determining 26% of those deaths were from abuse or neglect.
The former DCS worker facing criminal charges is scheduled to be in Madison Circuit Court Friday, arguing the indictment against him should be dismissed because not only are the allegations too vague to comply with state law and constitutional guarantees, but also because he is protected by immunity.
A federal appeals court’s reversal of Madison County killer Fredrick Baer’s death sentence was the most-read story on the Indiana Lawyer’s digital edition, www.theindianalawyer.com. Indiana Lawyer readers clicked on stories on our website more than 2.6 million times between Jan. 1 and Dec. 10, 2019, according to Google Analytics. Here are the 50 most-viewed story headlines during that time.