Appeals court reverses CHINS finding
A trial court erred in declaring a boy in the custody of his father to be a child in need of services on account of his meth-abusing mother, the Indiana Court of Appeals ruled Tuesday.
Indiana Department of Child Services
Articles
COA reverses termination of parental rights, finds DCS exhibited ‘troubling behavior’
The Indiana Court of Appeals reversed Wednesday a decision terminating a mother and father’s parental relationships with their son, writing that the Department of Child Services had exhibited an “extraordinarily troubling pattern of behavior.”
Gov-elect Holcomb keeping Bonaventura in child services post, names general counsel
Indiana Republican Gov.-elect Eric Holcomb has reappointed Mary Beth Bonaventura as director of the Indiana Department of Child Services and selected his general counsel.
Justices deny transfer of CHINS ADA case with 3-2 vote
The Indiana Supreme Court has denied transfer of a case in which a father argued that the Department of Child Services’ failure to comply with the American with Disabilities Act when providing discretionary services should void the termination of his parental rights. However, two justices dissented from that decision, writing that DCS should always be required to comply with the ADA.
Indiana Supreme Court grants transfer in parental rights case
Indiana’s highest court has agreed to hear a case regarding the termination of two parents’ rights to their children, with the father arguing that his rights should be restored because the Indiana Department of Child Services failed to file the termination petition within the required legal time frame.
Mother’s suit alleging DCS caseworker abuses proceeds
An Indiana Department of Child Services case manager who allegedly pursued meritless child-abuse allegations against an Indianapolis mother must face a federal civil lawsuit, though her DCS supervisors will not, a judge has ruled.
Park Tudor gets prosecution deferral after Cox case
Park Tudor School will not face further penalties arising from its handling of an investigation of former basketball coach Kyle Cox, who was convicted and sentenced to 14 years in prison for trying to entice a 15-year-old student to have sex with him.
Justices weigh whether child abuse reporter can sue DCS for breach of confidentiality
A southern Indiana church van driver who suspected children to be in need of services due to dangerous living conditions in his small community followed the law requiring him to report his suspicions. He didn’t want to provide his name, but he did so after a Department of Child Services hotline worker assured him his identity would remain confidential, as the law also requires.
DCS insists no right to sue over disclosed identity
A state attorney argued before the Indiana Supreme Court Thursday that the Department of Child Services cannot be sued by a man who reported suspected child abuse but whose promise of confidentiality was violated when his identity was disclosed to those he reported.
State appealing $31M judgment against DCS workers
The state of Indiana is asking the 7th Circuit Court of Appeals to review the $31 million jury verdict awarded to a Pulaski County family after they sued Department of Child Services workers and others for the wrongful removal of their children and prosecution of the parents.
Appeals court rules that DCS employee can proceed with caseload claims
An employee of the Department of Child Services can continue in her complaint that alleges violations of the state-mandated caseload maximums despite a ruling that the employee has no private right of action under Indiana Code.
Legislative group delays action on ALJ panels to retain subject-matter expertise
Perceived bias of administrative law judges in favor of the state agencies for which they adjudicate disputes has led to calls for Indiana to join 30 other states that have moved to central panels of ALJs to give them more independence. But that won’t happen anytime soon, a General Assembly study committee decided.
Judge: State must reply to lawyers seeking fees of $2.8M in DCS case
A judge has ordered the state to reply to the petition of four lawyers for fees of $2.8 million for winning a $31 million judgment for a northern Indiana family victimized by the state Department of Child Services.
Judge denies state bid to reduce $31 million award against DCS
A federal judge Friday rejected the state of Indiana’s motion to reduce a jury’s $31 million award last year against Department of Child Services workers and a state police officer for the wrongful removal of a couple’s children and prosecution of their parents.
On rehearing, appeals court reins in DCS on CHINS custody change
The Department of Child Services lost on rehearing its argument that a custody modification ordered in a child in need of services case survives the CHINS proceeding.
Justices take case on DCS caller confidentiality
The Indiana Supreme Court will decide whether the Indiana Department of Child Services may be sued for failing to maintain the confidentiality of a caller who reported suspected child neglect.
Safe Families effort wins favor in Legislature
A new law furthers the group’s power of attorney arrangement in order to keep kids out of the child welfare system.
Caseworker vs. DCS
Despite a caseworker’s lawsuit against the Indiana Department of Child Services, her employer says she’s right: There aren’t enough caseworkers to handle the exploding growth in cases of Indiana children and families in crisis. But that’s where the agreement ends.
DCS agrees more caseworkers needed, argues against suit
Indiana’s Legislature and governor have failed to provide resources to ensure sufficient case managers to protect children and families, a lawyer representing the Department of Child Services told the Indiana Court of Appeals Wednesday. But she argued a caseworker’s lawsuit against the agency was the wrong way to enforce state law requiring those workers have no more than 17 cases each.
Indiana abuse, neglect deaths up 25 percent in 2014 to 66
The Indiana Department of Child Services says the number of Indiana children who died from abuse or neglect during the 2014 state fiscal year rose by more than 25 percent over the previous year.