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The Indiana Department of Child Services either can’t find or has failed to produce some documents in a case involving a 4-year-old who was tortured and killed shortly after the department placed him in his parents’ home, a plaintiff’s filing alleges.
DCS is a nonparty to the case — Estate of Judah Morgan, by Jenna Hullett, Personal Representative v. Alan Morgan, 32D01-2301-CT-000004 — but has become a central figure as the plaintiff has accused the department of not being forthcoming with documents related to the child and parents.
A Hendricks County judge scheduled a hearing for 1 p.m. Monday and ordered DCS Director Eric Miller to attend and explain why the department shouldn’t be held in contempt.
The court has ordered DCS to produce certain requested documents, including those regarding the death and the child’s biological parents.
In a brief supporting its motion to vacate the hearing, the Indiana Attorney General’s Office said DCS has not acted in bad faith or willfully violated court orders.
The court denied the motion.
In a response to DCS’s motion, the plaintiff in the case — a second cousin to the deceased — said the department should have known immediately after Judah Morgan was killed that its records would be important for an investigation.
“If DCS is unable to account for documents in this case, it calls into question the ability (or desire) of DCS to preserve records in tens of thousands of other cases,” the response says.
According to the filing, missing records include text messages and voicemails. The department is also accused of producing photos in PDF form rather than their native format, which would contain metadata.
The filing also says DCS hasn’t produced documentation of face-to-face contact with Judah or his siblings during temporary home visits.
DCS has requested and received extensions to produce documents and said in a filing that it had discovered approximately 17,000 previously unproduced emails, along with five additional mailboxes that may contain responsive material.
The plaintiff’s filing says DCS’s efforts to comply with the production order have been selective and only started when Miller was ordered to appear at the hearing.
The response was filed Tuesday, and the judge’s order denying DCS’s motion to vacate the hearing was filed Wednesday.
“Director Miller’s Department has failed to obey this Court’s Order,” the response says. “As the person responsible for administering the department, he should answer for this disobedience.”
The Indiana Department of Child Services declined to comment Thursday.
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