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Friday, April 17, 2009

Ind. Law - "Child ombudsman bill evolves: Family rights advocates claim Senate weakened powers"

On April 14th the ILB quoted from a story by Mary Beth Schneider of the Indianapolis Star that began:

An ombudsman may give new oversight to the state Department of Child Services after all, as an amendment creating the position was added Monday to the proposed state budget in the Senate.
Today Eric Bradner of the Evansville Courier & Press writes:
An independent ombudsman would review complaints about Indiana's Department of Child Services under legislation state lawmakers revived this week.

But family rights advocates say the Senate watered down the ombudsman's powers, and the new oversight would do little good.

Those advocates hope now that a joint House-Senate conference committee will strengthen the overseer's ability to provide independent reviews for children and families affected by the department's decisions.

The House unanimously approved a bill to create an ombudsman's bureau within the department in a move aimed at providing the state's understaffed child services agency a backstop to protect against ill-advised decisions and ultimately curb Indiana's high rate of child abuse deaths. * * *

The Senate Judiciary Committee allowed the Department of Child Services to rewrite much of the bill. Family rights advocates say the altered version does not allow the ombudsman to investigate complaints related to the department's interaction with children's parents or family members.

After clearing that committee, the bill went to the Senate Appropriations Committee because it authorized new spending to pay for the ombudsman bureau. There, committee Chairman Luke Kenley, R-Noblesville, refused to bring it to a vote.

After an outcry, the Senate revived the legislation by amending the bill into the state budget, which includes $142,000 each year to fund the position.

"When it came out of the House, it was really good legislation," said Dawn Robertson, spokeswoman for the Indianapolis family rights group HonkForKids. "Now, the Senate has diluted it to the point that it's going to be ineffective if these amendments stay in it."

Robertson said most complaints come from parents who allege the Department of Child Services should not have removed children from their homes. By removing the ombudsman's ability to investigate claims regarding how the department interacts with families, the legislation leaves those parents with no recourse, she said.

Carole Davis, who heads the Evansville family rights group Kiddos First, said the rewritten legislation is "going to protect the (Department of Child Services) instead of the kids."

She said a strong ombudsman could help family members who are afraid to report the problems they see for fear that affected parents will no longer allow them to see the child.

In order for the amended version of the legislation to win passage, it must survive conference committee negotiations as the Democratic-ruled House and Republican-led Senate hash out a final budget agreement.

[More] The C&P also has an editorial today on the ombudsman bill, headed "Ambushed."

Posted by Marcia Oddi on April 17, 2009 08:49 AM
Posted to Indiana Law