Senior COA Judge Michael Barnes dies, leaving public service legacy
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.
Indiana Department of Child Services
Articles
Federal judge lets suit alleging DCS failed to protect children proceed
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.
Reversal: DCS failed to take reunification steps in TPR case
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.
Reversal finds for DCS in dad’s negligence suit after son’s death
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.
Reversal: Court must determine whether mother can pay $11K in delinquency costs
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 state employees lose appeal in rehire dispute
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.
COA: Striking child with cord not protected parental discipline
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.
COA affirms admitted drug test lab results in CHINS case
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.
COA dismisses man’s appeal in adoption dispute
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.
Court dismisses suit that sought to provide attorneys to CHINS children
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.
Volunteers to gather Wednesday for CASA Day celebration
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.
DCS, trial court reprimanded in reversal of parental rights termination
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.
Virginia woman accused of abducting 4 kids found in Plainfield
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.
COA: Parents have no say in child’s adoption placement after TPR
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.
Report blames 65 Indiana child deaths on abuse or neglect
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.
Former DCS worker seeking dismissal of criminal case
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.
Year in Review: Baer death penalty reversal most-read IL story of 2019
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.
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.
COA reverses for father in TPR case, citing ‘no evidence at all’
The termination of a father’s parental rights has been reversed after a panel of the Indiana Court of Appeals found insufficient evidence proved he would threaten the wellbeing of his daughter.
DCS troubles continue with arrest of former caseworker
Despite the attention the Statehouse has given to the Indiana Department of Child Services in the past two years – hiring outside consultants to review the agency and passing numerous laws regarding policies and practices within the department – an arrest of a former caseworker on neglect charges is bringing another call for more changes.