Prosecutor takes on Department of Child Services

INDIANAPOLIS (WISH) - A Morgan County prosecutor said troubled kids aren't receiving the help they need from the state.

Morgan County Chief Deputy Prosecutor Bob Cline said he is working on three cases involving juveniles who are in trouble and need help.

"I recognize the difference between a criminal act and a child that has problems that needs help" he said.

Help for kids in Indiana can come in one of two ways. The Department of Child Services can file what's called a CHINS or "Child in Need of Services" petition with the court. Or the kids can be treated as delinquents and sent to juvenile court.

"There's more you can do to fix the problem in CHINS than you can do in juvenile delinquency," Cline said.

Prior to 2008, he said, Indiana law clearly gave prosecutors the power to file CHINS cases. But a re-wording of the law now opens it up to interpretation. Cline feels prosecutors should be able to and are able to file CHINS cases on their own without DCS approval.

"You've got someone local, the prosecutor, who can look at the facts and go, ‘This is really a CHINS, not a juvenile delinquency case. I should file it as a CHINS."

DCS attorneys disagree. The department said the law clearly states prosecutors do not have the authority to file CHINS cases.

Wednesday, both sides will argue the issue in Morgan County Circuit Court.

"We want to fix the problem, and the best tool for the job is a CHINS petition. That's why we filed this motion" Cline said.

DCS has filed a motion to dismiss the case. Arguments begin Wednesday at noon.