James M. Redwine

Mary Beth Bonaventura

A Gordian Knot

by 2 Comments

Perhaps we need to channel Alexander the Great (356 – 323 B.C.) to help us address our Gordian Knot type problem of child welfare. You will recall Alexander eschewed the niceties of trying to unravel the problem step by laborious step and simply slashed through the morass of hemp with his sword. A tempting approach to any complicated puzzle but probably of little lasting benefit.

As we know from experience, every complicated situation can be papered over with a simple, wrong answer. We naturally yearn for quick and cheap solutions but these never cure the “disease” and often result in fatalities. That is what the former Indiana State Department of Children’s Services Director Mary Beth Bonaventura pointed out in her letter of resignation. She told Governor Eric Holcomb our current failure to adequately fund and analyze our child welfare needs will, “[A]ll but ensure children will die.”

And while this dramatic statement grabs our attention, what former Judge Bonaventura did not say was that Indiana child welfare is not just a DCS problem; it involves numerous other state and county level agencies such as courts, prosecutor offices, police departments, healthcare providers, schools, and several others in addition to families, immediate and extended.

I have plenty to do as Posey Circuit Court Judge when it comes to children who have need of or who use up taxpayer provided services. While I know we must approach this crisis of Children in Need of Services from all angles, I also know all hard problems call for careful, incremental approaches. So I will stay within my jurisdiction and address how the Judicial branch of government could help if the Legislative and Executive branches assist us to.

First let me give you an idea of how most Indiana courts, especially in small counties, must address the needs of families. Posey County has two judges. We divide all legal matters in such a way about half of the cases go to each court. The Circuit Court hears the Child in Need of Services cases. Frequently a family in DCS cases consists of one mother, two or more children and two or more fathers.

These are critical matters. Children may be at physical or mental risk, parents may be at risk of losing their children and the DCS has the duty to protect everyone’s interests while the Court must protect everyone’s rights. Each parent needs an attorney and in every case a Guardian Ad Litem must be appointed by the Court to concentrate on the children’s interests. Of course, wealthy people rarely are inconvenienced by such legal matters so the taxpayers must provide. You can readily see where we are headed.

This scenario also calls for Family Case Managers, police officers, mental and medical professionals, court personnel and a courtroom with lights, heat, recording equipment, etc.

Okay, I know this is exhausting. However, there is no Gordian Knot solution. It comes down to hard, complicated and expensive work. On the other hand, what could be more important?

The Seen And The Unseen

by Leave a Comment

Sometimes we see damage after it has been done by kids to public property, such as library grounds and city parks. Usually we do not see the damage as it is being done to children by their neglectful or abusive caretakers. The financial and aesthetic loss to public property upsets us. The financial and psychic loss resulting from child neglect and abuse dwarfs the related juvenile vandalism.

Napoleon’s soldiers used the Sphinx for target practice and the Taliban destroyed priceless religious icons. Vandalism is neither new nor novel. Neither is child abuse and neglect. They have both been with us since Eve stole that apple and Cain was not sufficiently supervised. However, since America has become entangled in the opioid crisis we have seen an exponential increase in juvenile misbehavior and damage to those juveniles from the adults who are entrusted with their care.

In 2012 the State of Indiana’s Department of Child Services removed 8,897 children from their families. Only 5 years later 16,834 children had to be removed for their own care and safety or to protect others. The national average of child removals is 5.5 per 1000. Indiana’s removal rate is 13 per 1000. Of course, these figures only include the children who come to the DCS’s attention. There is little doubt the real need for child protection is a great deal higher.

Our state-wide crisis in needed intervention and provision of services such as food, shelter, education, counseling, clothing and medical care is so dire the state DCS Director, former Judge Mary Beth Bonaventura, just quit in despair in December, 2017. As she left she told Governor Eric Holcomb who had to appoint her replacement that Indiana’s policies in DCS matters, “…[A]ll but ensure children will die.”

In response the Governor has initiated a study to investigate the problems we face as a state in caring for our most vulnerable citizens. The Child Welfare Policy Practice Group, a non-profit agency located in Montgomery, Alabama, has been contracted to study Indiana’s problems and needs. Ms. Frieda Baker of that agency came by the Court last week to speak with me about our situation in Posey County.

I will bring you up-to-date in the next few weeks.