Slow It Down, DCS

Indiana Court of Appeals redefines limits of DCS authority in a landmark case. Justice Baker emphasizes that unemployment or living on food stamps alone doesn't make a Child in Need of Services (CHINS). Learn more about what this means for Indiana families.
January 25, 2016

The Indiana Court of Appeals recently reminded the Department of Child Services (DCS) of the limits of DCS authority. Justice Baker admonished DCS in case where the father tested positive for drugs, but there was no evidence the father used drugs or was under the influence of drugs around the children: "The mere fact of an unemployed parent does make a Child in Need of Services (CHINS). The mere fact of a family on food stamps does not make a CHINS. Even the mere fact of a family living in a shelter while seeking stable housing does not make a CHINS.....The record is wholly devoid of a single example of the children's needs going unmet.....We are well aware that DCS and the courts are overwhelmed with the growing numbers of CHINS cases statewide. All would be better served if the system focused its time, efforts, and resources on the families who really need them. This one did not." In the Matter of S.M., J.M., A.M., H.G., Children in need of Services v. The Indiana Department of Child Services, 49A02-1505-JC-377

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Why mediation?

No one knows your family better than you. No matter how well a judge listens to the evidence presented in court, he/she will never truly understand what it is like to be a part of your extended family experience.  

That's why Indiana law allows you to use mediation to design your own agreement for the court's review.