LilMtnCbn
07-01-2004, 07:02 AM
http://www.fortwayne.com/mld/newssentinel/news/local/9048273.htm
New adoptive custody law not in agreement with federal legislation
From The Associated Press
INDIANAPOLIS - A new state law requiring criminal background checks on
relatives taking custody of abused children does not match federal laws, which
is why the state was denied permission to use a national database for
information, an FBI official said.
Agent James H. Davis of the Indianapolis office said Tuesday that Indiana
officials contacted the FBI after the law was passed. If the agency had been
consulted sooner, the state law could have been crafted to be in agreement with
federal statutes.
Caseworkers will not have access to a national criminal database. The
information was necessary if, under the new law due to take effect Thursday,
the state was going to be able to place children with relatives in a timely
manner.
Davis said the FBI received a letter in May asking for access to the database.
"That did not give us a lot of time to work with the state and in fact, the
General Assembly was already out of session by then," Davis said.
Under the law, children removed from their biological parents' homes would not
be placed with relatives until everyone in the children's new home received
criminal background checks.
He said the FBI on June 7 sent the state sample wording, but it was too late to
change the law.
Indiana will have to include wording that shows urgent circumstances exist for
caseworkers to access the database. Otherwise, caseworkers would have to get
relatives' fingerprints and submit them for FBI check, which could take time.
The FBI's action prompted the Indiana Civil Liberties Union to seek a temporary
injunction against the law Friday.
ICLU legal director Ken Falk said the organization was seeking to have the
eventual decision in the case decided on behalf of all Indiana children who
might be placed in foster care instead of with suitable relatives. Marion
County juvenile court Judge James W. Payne is expected to rule Wednesday on the
ICLU action.
The Indiana Family and Social Services Administration acknowledged the ICLU's
legal action restrained the ability of the agency and the courts to conduct
background checks.
The agency said the legal action would not delay the placement of endangered
children with relatives or in other homes. FSSA said it does limited criminal
background checks on all adults in a prospective household and checks with
local police. It also searches the agency's computer database for records of
child abuse or neglect.
Rep. Dennis Avery, D-Evansville, sponsored the new law after Indianapolis
toddler Anthony Bars died in 2002 at the hands of his adoptive parents, who
were distant relatives and had faced previous accusations of abuse involving
their own daughter. State caseworkers did not catch the history of abuse.
Avery said numerous legislators and lawyers were involved in writing the bill
and six public hearings were held to collect comment. "I don't think we're that
far off. We just need to refine the legislation."
-------------------------
A good friend will come and bail you out of jail . . . but, a true friend will
be sitting next to you saying, "Damn . . . that was fun!"
-----Unknown
New adoptive custody law not in agreement with federal legislation
From The Associated Press
INDIANAPOLIS - A new state law requiring criminal background checks on
relatives taking custody of abused children does not match federal laws, which
is why the state was denied permission to use a national database for
information, an FBI official said.
Agent James H. Davis of the Indianapolis office said Tuesday that Indiana
officials contacted the FBI after the law was passed. If the agency had been
consulted sooner, the state law could have been crafted to be in agreement with
federal statutes.
Caseworkers will not have access to a national criminal database. The
information was necessary if, under the new law due to take effect Thursday,
the state was going to be able to place children with relatives in a timely
manner.
Davis said the FBI received a letter in May asking for access to the database.
"That did not give us a lot of time to work with the state and in fact, the
General Assembly was already out of session by then," Davis said.
Under the law, children removed from their biological parents' homes would not
be placed with relatives until everyone in the children's new home received
criminal background checks.
He said the FBI on June 7 sent the state sample wording, but it was too late to
change the law.
Indiana will have to include wording that shows urgent circumstances exist for
caseworkers to access the database. Otherwise, caseworkers would have to get
relatives' fingerprints and submit them for FBI check, which could take time.
The FBI's action prompted the Indiana Civil Liberties Union to seek a temporary
injunction against the law Friday.
ICLU legal director Ken Falk said the organization was seeking to have the
eventual decision in the case decided on behalf of all Indiana children who
might be placed in foster care instead of with suitable relatives. Marion
County juvenile court Judge James W. Payne is expected to rule Wednesday on the
ICLU action.
The Indiana Family and Social Services Administration acknowledged the ICLU's
legal action restrained the ability of the agency and the courts to conduct
background checks.
The agency said the legal action would not delay the placement of endangered
children with relatives or in other homes. FSSA said it does limited criminal
background checks on all adults in a prospective household and checks with
local police. It also searches the agency's computer database for records of
child abuse or neglect.
Rep. Dennis Avery, D-Evansville, sponsored the new law after Indianapolis
toddler Anthony Bars died in 2002 at the hands of his adoptive parents, who
were distant relatives and had faced previous accusations of abuse involving
their own daughter. State caseworkers did not catch the history of abuse.
Avery said numerous legislators and lawyers were involved in writing the bill
and six public hearings were held to collect comment. "I don't think we're that
far off. We just need to refine the legislation."
-------------------------
A good friend will come and bail you out of jail . . . but, a true friend will
be sitting next to you saying, "Damn . . . that was fun!"
-----Unknown
