A class action lawsuit has been filed against the Indiana Department of Child Services by nine foster children on August 16, representing 11,000 children in the state's child welfare system.
Governor Eric Holcomb, DCS Director Eric Miller, and the Indiana Department of Child Services are named as the defendants for the lawsuit.
The lawsuit alleges Indiana has failed to provide "reasonable care and safety" to the children in its custody, a violation of the children’s rights under the U.S. Constitution and federal law.
The lawsuit reads, "state and federal data indicate that Indiana’s foster children are languishing in state custody longer than ever before. The state’s refusal to correct these well-documented failures leaves Indiana’s most vulnerable children at substantial risk of serious and unconstitutional harm.”
The lawsuit was pushed along by A Better Childhood, a national nonprofit that files lawsuits on behalf of abused and neglected children. Meeting with several children and families affected by Indiana DCFS's failures, A Better Childhood hopes the lawsuit will ensure changes are made to better protect and assist the vulnerable children in the system.
A Better Childhood is pushing DCS to make changes, including developing a policy that prohibits retaliation against foster parents. The lawsuit also claims DCS fails to recruit and retain an adequate number of caseworkers. Leaving children in limbo and delaying permanency, the lawsuit claims workers often fail to maintain and update medical records for foster children, and, particularly on children with disabilities, over relies on institutional placement.
This is not DCS's first rodeo with criticism of their practices in form of a lawsuit. A Better Childhood filed a similar lawsuit against DCS in 2019, but was later dismissed in court.
Going in for round two with extensive research, victims to testify if needed, A Better Childhood is hopeful the federal court finally hears the voices of the vulnerable victims behind the lawsuit.
A DCS spokesperson from the agency has declined to comment on the lawsuit at this time.
