Appeals Court Rules In Favor Of DCS Caseworker | Northeast Indiana Public Radio
See on Scoop.it – Parental Responsibility Many parents embroiled in child custody cases might only dream of bringing their cases to the highest court in the land, yet this became reality for …
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DCS director Mary Beth Bonaventura and Governor Mike Pence discuss caseloads at an August 2015 press conference (Brandon Smith/IPB News)
Indiana law says DCS must provide enough caseworkers so that the average caseload doesn’t exceed 17 children. All but one of the 19 regions in the state exceeds that standard. The ACLU of Indiana sued DCS on behalf of Mary Price, a caseworker who oversees 43 children. The lawsuit aimed to force the agency to hire more caseworkers.
A trial court judge ruled that Price had no right to sue and should use administrative channels. But a Court of Appeals’ decision says Price has no administrative remedy and her suit should proceed.
“The case will go back to the trial court and now we’ll have a trial on whether or not the state is violating the case manager standards – which I think the state clearly is – and then what remedies should be imposed,”