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Indiana DCS questions and assistance

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IG123456

Member
What is the name of your state? Indiana
There have been 3 DCS reports made against the mother of my children
2 for abuse
1 for continuous bug bites
DCS entered all parties into an Informal Adjustment
DCS opened a case after entering all parties into an Informal Adjustment and substantiated abuse (on the 3rd report)
DCS did not remove the children from the mother
Once the substantiation of abuse was made known to me, I felt that DCS did not do their job to protect the children, I filed a protective order Ex-parte.
this protective order was granted, but the Judge submitted an interim order stating that the mother's parenting time should not be affected by the protective order.
This does not seem to be correct. If there is a protective order in place hindering the mother from speaking to the children directly or indirectly, going to their school, excluding her from their household, abusing them, then why does she get to have her parenting time where they are experiencing the abuse?
There is a court date coming. The investigation by the detective has been short lived, as the mother refused a polygraph test and the boyfriend has refused to speak to her, and this has forced her to turn in her report to the prosecutor with what she has on hand. DCS and prosecutor and detective were present for the forensic interview, but I am afraid they will do nothing additional with the continuous physical abuse due to the fact all parties are involved in the Informal Adjustment.
There has been a CASA assigned to the case and I have not spoken with her face to face yet, not from lack of trying.
The FCM is not responsive and I have asked for meetings for her as well.
The GAL on our case from before is not fully informed of the abuse with the DCS reports and is stating I am trying to make the other parties life harder by filing for protective orders for the children in my attempt to protect my children.
I am not getting great information from my lawyer as he is looking for technicalities to drown the other party instead of letting me know what I need to present in court to protect my children from further abuse.
Any assistance, experience, help, would be appreciated.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state? Indiana
There have been 3 DCS reports made against the mother of my children
2 for abuse
1 for continuous bug bites
DCS entered all parties into an Informal Adjustment
DCS opened a case after entering all parties into an Informal Adjustment and substantiated abuse (on the 3rd report)
DCS did not remove the children from the mother
Once the substantiation of abuse was made known to me, I felt that DCS did not do their job to protect the children, I filed a protective order Ex-parte.
this protective order was granted, but the Judge submitted an interim order stating that the mother's parenting time should not be affected by the protective order.
This does not seem to be correct. If there is a protective order in place hindering the mother from speaking to the children directly or indirectly, going to their school, excluding her from their household, abusing them, then why does she get to have her parenting time where they are experiencing the abuse?
There is a court date coming. The investigation by the detective has been short lived, as the mother refused a polygraph test and the boyfriend has refused to speak to her, and this has forced her to turn in her report to the prosecutor with what she has on hand. DCS and prosecutor and detective were present for the forensic interview, but I am afraid they will do nothing additional with the continuous physical abuse due to the fact all parties are involved in the Informal Adjustment.
There has been a CASA assigned to the case and I have not spoken with her face to face yet, not from lack of trying.
The FCM is not responsive and I have asked for meetings for her as well.
The GAL on our case from before is not fully informed of the abuse with the DCS reports and is stating I am trying to make the other parties life harder by filing for protective orders for the children in my attempt to protect my children.
I am not getting great information from my lawyer as he is looking for technicalities to drown the other party instead of letting me know what I need to present in court to protect my children from further abuse.
Any assistance, experience, help, would be appreciated.
You really need to work harder with your attorney. If you are not happy with your attorney, then it might be time to fire him and find a new one.
 

Just Blue

Senior Member
What is the name of your state? Indiana
There have been 3 DCS reports made against the mother of my children
2 for abuse
1 for continuous bug bites
DCS entered all parties into an Informal Adjustment
DCS opened a case after entering all parties into an Informal Adjustment and substantiated abuse (on the 3rd report)
DCS did not remove the children from the mother
Once the substantiation of abuse was made known to me, I felt that DCS did not do their job to protect the children, I filed a protective order Ex-parte.
this protective order was granted, but the Judge submitted an interim order stating that the mother's parenting time should not be affected by the protective order.
This does not seem to be correct. If there is a protective order in place hindering the mother from speaking to the children directly or indirectly, going to their school, excluding her from their household, abusing them, then why does she get to have her parenting time where they are experiencing the abuse?
There is a court date coming. The investigation by the detective has been short lived, as the mother refused a polygraph test and the boyfriend has refused to speak to her, and this has forced her to turn in her report to the prosecutor with what she has on hand. DCS and prosecutor and detective were present for the forensic interview, but I am afraid they will do nothing additional with the continuous physical abuse due to the fact all parties are involved in the Informal Adjustment.
There has been a CASA assigned to the case and I have not spoken with her face to face yet, not from lack of trying.
The FCM is not responsive and I have asked for meetings for her as well.
The GAL on our case from before is not fully informed of the abuse with the DCS reports and is stating I am trying to make the other parties life harder by filing for protective orders for the children in my attempt to protect my children.
I am not getting great information from my lawyer as he is looking for technicalities to drown the other party instead of letting me know what I need to present in court to protect my children from further abuse.
Any assistance, experience, help, would be appreciated.
What type of abuse was substantiated by DCS? ie...sexual? Physical?
 

IG123456

Member
You really need to work harder with your attorney. If you are not happy with your attorney, then it might be time to fire him and find a new one.
I am working on that, it is difficult to find a new attorney this fast, as well as come up with the money for another retainer quickly. The attorney will not even file motions for me, I have had to do it all myself. And pick up paperwork from the clerks to know what has been filed by the judge. Thanks for your time.
 

IG123456

Member
What type of abuse was substantiated by DCS? Do you have an attorney?
Physical Abuse. Yes, I have a pretty "low interest" attorney. I hired this attorney for child support modification, and then this all blew up. I think this attorney has no idea how to handle this. I am in the process of trying to find an attorney to assist better.
 

Just Blue

Senior Member
I am working on that, it is difficult to find a new attorney this fast, as well as come up with the money for another retainer quickly. The attorney will not even file motions for me, I have had to do it all myself. And pick up paperwork from the clerks to know what has been filed by the judge. Thanks for your time.
When did this happen?
 

Zigner

Senior Member, Non-Attorney
Physical Abuse. Yes, I have a pretty "low interest" attorney. I hired this attorney for child support modification, and then this all blew up. I think this attorney has no idea how to handle this. I am in the process of trying to find an attorney to assist better.
Have you signed a new agreement with the attorney to represent you in this new matter?
 

IG123456

Member
Have you signed a new agreement with the attorney to represent you in this new matter?
I have not. They wrapped this case into the custody hearing, so the attorney is wrapped into this because the attorney was on the custody hearing.
 

Just Blue

Senior Member
Physical Abuse. Yes, I have a pretty "low interest" attorney. I hired this attorney for child support modification, and then this all blew up. I think this attorney has no idea how to handle this. I am in the process of trying to find an attorney to assist better.
Perhaps an Attorney/GAL would have more experience in this sad type of situation.
I am a bit unclear...do you have the final RO? If so, what exactly does it state, word for word, regarding Mom's parenting time? Also...is it the boyfriend who was abusing them and Mom is being charged with failure to protect?
 

IG123456

Member
Perhaps an Attorney/GAL would have more experience in this sad type of situation.
I am a bit unclear...do you have the final RO? If so, what exactly does it state, word for word, regarding Mom's parenting time? Also...is it the boyfriend who was abusing them and Mom is being charged with failure to protect?
I do have the physical copies of the PO. It states "except for all matters of visitation as decided by a court"
No, the mother is the abuser. The boyfriend was present, and participated in some form of physical abuse, but the majority of it was the mother.
The GAL is basically stating that being a single mom is hard and I should not make it difficult by filing for a PO.
I am only trying to protect my children, it makes no sense.
The attorney wants the GAL thrown off the case because of that statement.. However, I do not know if that is the correct move to make..
 

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