Articles

DCS director claims lawsuit is ‘misleading and harmful’

Claiming outside advocates were relying on “an inflammatory and outdated account,” Indiana Department of Child Services director Terry Stigdon released a video statement Monday in response to the lawsuit filed last week charging the state agency with inflicting further harm on children entering the foster care system.

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Supreme Court rejects DCS ‘piecemeal litigation’ in CHINS cases

In response to the question of whether the Department of Child Services can file successive CHINS petitions based on evidence available at the time of the original petition — a practice that has drawn ire from the Indiana Court of Appeals — the Indiana Supreme Court has ruled that such a practice is barred. However, the specifics of the case the court addressed Thursday did not require reversal.

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Zipping into statutes: Overview of new laws for 2019

Although the $34 billion budget dominated the session, legislators introduced and considered more than 600 bills each in both the Senate and the House. The ones they passed covered a variety of matters, including hate crimes, hemp, gambling, foster parents, electricity generation and, of course, electric scooters.

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COA affirms CHINS adjudication in timeliness argument

The Indiana Court of Appeals has affirmed a child in need of services adjudication after concluding the dismissal sanction for failure to timely conduct a CHINS factfinding hearing is not a mechanism to collaterally attack a CHINS adjudication.

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Res judicata leads to remand of CHINS determination

Saying it was “troubled” by how the Department of Child Services chose to litigate two nearly back-to-back child welfare cases, the Indiana Court of Appeals has ordered a trial court to re-evaluate a 2018 CHINS petition without relying on facts that were available for litigation during a 2017 CHINS proceeding.

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CHINS reversal: ‘State may not intrude’ where coercion unnecessary

A father who was ordered removed from the home he shared with his wife and four children despite a clean record and no prior reports of domestic violence won a ruling in his favor Wednesday. The Indiana Court of Appeals reversed a CHINS finding and concluded, “when coercion is not necessary, the State may not intrude into a family’s life.”

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State argues more lawyers not needed in CHINS, TPR cases

In response to a lawsuit seeking to require the state appoint attorneys to represent children in termination of parental rights or children in need of services proceedings, Indiana is arguing that adding more lawyers would only flatter the legal professionals and not mollify tragic circumstances.

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CHINS case dismissed for untimely fact-finding hearing

A child in need of services case has been dismissed after an appellate panel concluded that a mother’s motion to dismiss because the fact-finding hearing was not completed within the statutory timeframe was incorrectly denied by the trial court.

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General Assembly passes DCS reforms

As Senate Enrolled Act 1 was heading for its third and final reading in the Indiana House of Representatives, Rep. Vanessa Summers reminded her colleagues that their work in helping reform the Department of Child Services is not finished.

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