(South Bend, IN) - An area family has joined forces with others in a lawsuit against the Department of Child Services.
A class-action civil suit has been filed by a nationwide child advocacy group called A Better Childhood on behalf of the families of ten Hoosier children who were negatively impacted by DCS policies.
The lawsuit blames Governor Eric Holcomb and the Director of DCS, Holcomb’s former Chief of Staff Eric Miller, for failing to provide children in custody with reasonable care and safety. It alleges that the former DCS Director Mary Beth Bonaventura had her authority usurped by Holcomb and his staff and places failures of the department at their feet. Specifically, Bonaventura has claimed that Miller hired unqualified employees for DCS, slashed budgets, and created a hostile work environment. The lawsuit also points to federal and independent investigations revealing major flaws in Indiana’s foster care system.
One of the ten plaintiffs is Jenna Hullett, the former foster-mom of 4-year-old Judah Morgan, who was brutally and fatally neglected and abused after being returned to his parents’ custody. One of Judah’s brothers, referred to anonymously as 8-year-old “Miles M.,” is named in the suit, along with another brother, an 11-month-old called “Daniel.” Details of their tragic situation are outlined in the 66-page lawsuit filed two weeks ago in South Bend’s U.S. District Court.
According to the documents, both boys were present during Judah’s ordeal. Miles was also abused and forced to sleep in a dog cage. Lawyers say Miles continues to suffer emotional and psychological harm due to lack of necessary services and adequate counseling.
Stories of the other nine plaintiffs paint a similarly sad picture: lack of professional intervention; abused children bounced around to multiple, ill-equipped foster homes; placement of children in situations where, at best they’re forgotten, at worst they’re further abused.
A Better Childhood is looking to add more plaintiffs to the lawsuit, which alleges over 11,000 Hoosier children have been adversely affected by DCS failures. The suit does not seek specific punitive damages, only concrete changes to DCS policies and procedures. Among the changes requested are adequate and timely mental health treatment for children in custody, the hiring of more DCS caseworkers, better record keeping, and better supervision of children throughout their foster care.
