Articles

DCS settles final issue stemming from 2009 suit over rate cuts

The Indiana Department of Child Services announced Tuesday that is has reached a legal settlement with IARCCA, an Association of Children & Family Services, over rates paid to cover additional staffing costs and cost-of-living expenses to residential facilities and foster care agencies that serve abused and neglected children.

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DCS study committee to hold last meeting Tuesday

The Department of Child Services Interim Study Committee will meet for the last time Tuesday in the Indiana Government Center to consider bill drafts, a final report and “other business,” according to the committee agenda.

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Statute granting DCS immunity applies to nearly all of family’s claims

A case involving the Department of Child Services before the Indiana Court of Appeals Wednesday provided the court with two issues of first impression – the interpretation of a statute relating to the agency, and the liberty interests that may reside with extended family members involved in the lawsuit.

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COA split over whether DCS has authority to interview sibling

An Indiana Court of Appeals judge reached the opposite conclusion of her colleagues Wednesday in finding that the Department of Child Services lacks the statutory authority to conduct a forensic interview of a non-subject child residing in the same home as a child who has claimed abuse by a resident family member.

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Payne resigns as head of DCS

James W. Payne, the director of the Indiana Department of Child Services since 2004, submitted his resignation letter Monday to Gov. Mitch Daniels. The resignation comes after news reports raised questions about his involvement in DCS actions pertaining to his grandchildren.

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DCS admits petition flawed; COA orders more proceedings

The Gibson Circuit Court committed fundamental error in terminating the parental rights of a mother and father over their young child, the Indiana Court of Appeals held Friday. The Department of Child Services admitted that it failed to comply with statute when filing the petition to terminate their parental rights.

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Case arising out of molestation not reported by DCS divides court

A lawsuit brought by parents against the Department of Child Services and Evansville Police Department for not informing them of their daughter’s molestation led each judge on the Court of Appeals panel to write his or her own opinion. The only thing the judges agreed on is that the police department is not a proper party to the case.

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COA rules trial court should have allowed DCS to withdraw adoption consent

The Department of Child Services’ failure to investigate a child’s aunt as a possible adoptive parent – and a trial court’s refusal to allow DCS to withdraw consent for foster parents to adopt after acknowledging its failure – prompted the Indiana Court of Appeals to reverse a trial court order granting the foster parents’ petition to adopt.

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Judges uphold termination of parental rights

The Indiana Court of Appeals found ample evidence that a mother took little to no steps to correct the problems that led to her son’s removal and continued placement out of her care, so it affirmed the termination of parental rights. In its opinion, the judges also discussed Indiana Evidence Rule 201(b) regarding judicial notice of “records of a court of this state.”

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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.

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