A MOTHER'S FEAR AND
HEARTBREAK - LOSING
HER DAUGHTER
WITHOUT HAVING A
CHANCE TO FULLY
DEFEND HERSELF IN
COURT.
TONIGHT -- THAT'S
EXACTLY WHAT THE
INDIANA DEPARTMENT
OF CHILD SERVICES IS
ACCUSED OF DOING
OVER AND OVER AGAIN.
AND IT'S NOT JUST
PARENTS MAKING THE
ACCUSATIONS.
SENIOR INVESTIGATIVE
REPORTER BOB SEGALL
SAYS SOME OF THE
STATE'S MOST
POWERFUL JUDGES ARE
CONCERNED... AND
TAKING ACTION.
THIS IS VERY UNUSUAL.
13 INVESTIGATES HAS
LEARNED THE INDIANA
COURT OF APPEALS IS
NOW BLASTING DCS
FOR REPEATEDLY
VIOLATING PARENTS
RIGHTS.
THE APPELLATE
JUDGES SAY THEY'VE
DETECTED A
DISTURBING PATTERN
AND IT'S TAKING PLACE
ALL ACROSS THE
STATE.
:16-:21
1:20-1:27
2:13-2:20
YOU WERE THIS CLOSE TO
LOSING YOUR DAUGHTER
FOREVER.
YES.
STEFANIE THOMAS DID
LOSE CUSTODY OF HER
DAUGHTER LAST
SUMMER. STEFANIE
WAS BATTLING MENTAL
HEALTH ISSUES AND
DRUG ADDICTION WHEN
HER DAUGHTER WAS
SENT TO FOSTER CARE.
WHAT HAPPENED NEXT
IS NOT SUPPOSED TO
HAPPEN.
THE ONLY THING I GOT
WAS A TEXT..... THE CASE
WORKER WOULDN'T TALK
TO ME NO MORE. SHE SAID
YOUR RIGHTS HAVE BEEN
TERMINATED.
DCS DIDN'T TELL YOU THEY
WERE HAVING A HEARING?
NP. I DIDN'T GET NO
PAPERS.
STEFANIE IS NOT
ALONE. OVER THE
PAST SEVERAL
MONTHS... 10
SEPARATE CASES WERE
ALL SENT SENT BACK
TO COURT AFTER DCS
ESSENTIALLY
ADMITTED IT VIOLATED
PARENTS DUE PROCESS
-- AND FAILED TO TELL
THEM THE STATE WAS
TERMINATING THEIR
PARENTAL RIGHTS.
THIS TROUBLING
PATTERN WAS FIRST
NOTICED BY THE
INDIANA STATE COURT
OF APPEALS... WHICH
INTERVENED WITH A
SCATHING REPRIMAND.
IT ISSUED THIS
ORDER... CITING
"REPEATED,
SIGNIFICANT
VIOLATIONS OF DUE
PROCESS OCCURRING
IN TERMINATION OF
PARENTAL RIGHTS
CASES THROUGHOUT
THIS STATE."
IN ONE CASE, THE
APPEALS COURT WAS
SO FRUSTRATED, IT
WROTE "WE ARE AT A
LOSS AS TO ANY
POSSIBLE, JUST
REASON FOR SUCH
CONDUCT."
ADDING... "THIS IS A
DISURBING TREND ...
THE COURT IS
OBLIGATED TO
FORMALLY ADMONISH
DCS FOR ITS FAILURE..."
IT'S NOT THE FIRST TIME
I'VE SEEN A SITUATION LIKE
THIS.
DOROTHY FURGUSON IS
STEFANIE'S ATTORNEY.
YOUR KIDS ARE THE MOST
PRECIOUS THING THAT
YOU HAVE SO TO LOSE
THEM WITHOUT NOTICE IS
ESSENTIALLY THROWING
YOU INTO PRISON
WITHOUT BEING NOTIFIED
OF THE CHARGES.
SHE SAYS EVEN THE
ATTORNEY GENERAL'S
OFFICE -- WHICH
REPRESNETS DCS --
WAS DISTURBED BY
WHAT DCS HAD DONE
AND OFFERED TO FILE A
MOTION TO HELP HER
CLIENT.
I WAS LIKE "WHAT??? THIS
IS CRAZY. THIS HAS NEVER
HAPPENED TO ME IN MY
ENTIRE CAREER. THAT'S
REALLY UNHEARD OF.
THE COURT OF
APPEALS DID NOT JUST
CALL OUT DCS. IT ALSO
TOOK AIM AT TRIAL
COURTS FOR NOT
DOING THEIR PART TO
PROTECT THE RIGHTS
OF PARENTS.
ANY TIME YOU GET AN
ADMONISHMENT FROM AN
APPELLATE COURT, IT'S
SOMETHING TO BE TAKEN
SERIOUSLY.
KATIE KELSEY IS
DIRECTOR OF THE
CHILDREN'S LAW
CENTER OF INDIANA.
SHE SAYS VIOLATING
RIGHTS IN CUSTODY
CASES ISN'T JUST BAD
FOR PARENTS, IT'S
ALSO TERRIBLE FOR
KIDS.
IF YOU HAVE MANAGED TO
TERMINATE A PARENT'S
RIGHTS TO THAT CHILD BUT
YOU DIDN'T DO IT
PROPERLY THEN THAT
TERMINATION CAN GET
OVERTURNED ON APPEAL
AND YOU'VE PUT THAT
CHILD'S STABILITY BACK IN
PLAY AGAIN AND IT
CREATES THIS MASSIVE
LIMBO FOR THE CHILD.
THAT'S EXACTLY WHAT
HAPPENED TO
STEFANIES' DAUGHTER.
I HAD NO CONTACT. I WENT
11 MONTHS WITHOUT
SEEING HER.
THAT'S RIGHT... SHE
COULDN'T SEE HER 12-
YEAR-OLD DAUGHTER
FOR ALMOST A YEAR
AFTER DCS
IMPROPERLY TOOK
AWAY HER PARENTAL
RIGHTS.
SHE TOLD ME I THOUGHT
YOU FORGOT ABOUT ME
MOM.
STEFANIE AND HER
DAUGHTER ARE NOW
REUNITED....
LAUGH? IT'S
WONDERFUL....
AND DCS IS UNDER THE
MICROSCOPE -- AS
MANY WONDER HOW
MANY OTHER PARENTS
LOST THEIR CHILDREN
AND THIER RIGHTS AT
THE SAME TIME.
IF THIS IS A WIDESPREAD
PROBLEM THEN, YES, IT IS
DEFINTELY SOMETHING
THAT NEEDS TO BE
ADDRESSED AND FIXED
BECAUSE YOUR CAN'T
CREATE THIS TYPE OF
INSTABILITY IN A SYSTEM
THAT WIELDS A LOT OF
POWER OVER PEOPLE'S
LIVES.
LATE THIS AFTERNOON,
13 INVESTIGATES
RECEIVED A
STATEMENT FROM THE
DIRECTOR OF DCS,
ACKNOWLEDGING A
PROBLEM AT THE
AGENCY. SHE TELLS
EYEWITNESS NEWS...
"WE AGREE WITH THE
INDIANA COURT OF
APPEALS... AFTER A
THOROUGH REVIEW OF
THE CASES IN
QUESTION, I BELIEVE
OUR LEGAL WORK HAS
FALLEN SHORT OF THE
STANDARDS I HAVE SET
FOR OUR AGENCY. WE
ARE WORKING TO
RECRUIT AND RETAIN
TOP LEGAL TALENT AND
PROVIDE ADDITIONAL
STAFF TRAINING ... AS
WELL AS BUILD AND
MAINTAIN STRONG
RELATIONSHIPS WITH
JUDGES ACROSS
INDIANA."
SOME PUBLIC
DEFENDERS TELL ME
THERE ARE LIKELY
MORE CASES LIKE THIS
STILL TO COME
FORWARD.
YOU MAY REMEMBER..
JUST YESTERDAY.. THE
DEPARTMENT OF CHILD
SERVICES.. RELEASED A
REPORT.. SHOWING 59
CHILDREN DIED OF
ABUSE AND NEGLECT..
IN 2016.
AND MANY OF THOSE
KIDS WERE UNDER THE
AGE OF 3.
IN MOST CASES. D-C-S
CLAIMED.. THE
BIOLOGICAL PARENTS..
WERE TO BLAME.
YOU CAN READ THE
FULL REPORT.. AND SEE
THE OTHER FINDINGS..
ON OUR WEBSITE.. W-
T-H-R DOT COM.