1 Indiana Department of Child Services Emergency Response

Indiana Department of Child Services Emergency Response Report to the Interim Study Committee

on Public Health, Behavioral Health, and Human Services

Table of Contents

Introduction 3

Report Summary 3

Indiana DCS: Child Welfare 4

- Overview of operations or services reduced or suspended during COVID-19 4

- Overview of preparations to address and recover from future emergencies 7

- Recommendations for legislation to prepare for future emergencies 7

- Recommendations for legislation based on COVID-19 8

Indiana DCS: Child Support 8

- Overview of operations or services reduced or suspended during COVID-19 9

- Overview of preparations to address and recover from future emergencies 9

- Recommendations for legislation to prepare for future emergencies 10

- Recommendations for legislation based on COVID-19 10

Attachment A 12

Attachment B 15

I. Introduction

Pursuant to Section 7 of Legislative Council Resolution 20-02 (as amended and corrected May 13, 2020), the

Indiana Department of Child Services (DCS) is required to submit a report to the Interim Study Committee

on Public Health, Behavioral Health, and Human Services outlining agency operations during the COVID-19

pandemic, agency preparations for future emergencies, and agency legislative recommendations for future

emergencies.

More specifically, Section 7 required DCS to provide the following information:

(1) Overview of which, if any, operations or services were reduced or suspended during the COVID-

19 pandemic, including the following information:

(a) Whether the suspension or reduction was required by an Executive Order or an internal

agency decision?

(b) To the extent applicable, include citations for the laws, rules and policies affected by or

authorizing the reduction or suspension.

(2) Overview on preparations to address future emergencies and recovery from emergencies based

on the state agency's experience with the COVID-19 pandemic. To the extent applicable, include

citations for the laws, rules and policies that are affected by or authorize the preparations.

(3) Recommendations, if any, for legislation that may be needed to help ensure the agency is

prepared to address future emergencies.

(4) Recommendations, if any, for legislation to permanently repeal or modify any regulations or laws

that were or are partially or fully suspended due to the COVID-19 pandemic.

II. Report Summary

The Indiana Department of Child Services was established in January 2005 by an executive order of Gov.

Mitch Daniels. The Department was charged with two critical responsibilities: (1) protection of children from

abuse and neglect; and (2) child support enforcement.

Section III of this report focuses on operations, preparations and recommendations as it relates to child

welfare. The department’s mission with regard to child welfare is naturally interpersonal and interactive,

which presented unique challenges as DCS adapted to the COVID-19 pandemic. Like countless other

Hoosiers around the state, DCS staff rose to the occasion and met these challenges head on. To safeguard the

health and safety of the families DCS serves and our staff in the field, agency leadership immediately began to

acquire needed personal protective equipment (PPE). The department also made use of the important

regulatory flexibility created by Gov. Holcomb’s Executive Order 20-05. This was done by providing foster

parents more time upon initial placement to secure medical examinations of children in their care. As was

previously mentioned, child welfare critically requires interacting with the people we serve. To protect those

involved, the department quickly issued guidance to transition many of the agency’s face-to-face activities to

virtual formats when possible and deployed the use of COVID-19 screening questions when it was not

possible. Prior to the pandemic, the agency’s face-to-face interactions typically included: initial assessments of

child abuse and neglect, parent and children visitation, sibling visitation, family case manager visits to children

and parents, community-based and residential services to families, court proceedings and trainings. Another

important change was made for those DCS serves by Gov. Holcomb in Executive Order 20-31. The

department’s Collaborative Care program provides supportive services to older youth age 18 to 21, and Gov.

Holcomb’s executive order provided that those older youth who were aging out of the program during the

pandemic could remain in the program for the duration of the public health emergency. As the department

prepares for any future emergencies, two legislative proposals have been included in this report that reflect

actions taken during this pandemic: (1) discretion to extend Collaborative Care services to older youth during

an emergency declaration; and (2) discretion to modify the initial timeline for foster parents to secure medical

examinations when children come into their care.

Section IV of this report focuses on operations, preparations and recommendations as it relates to child

support. The Child Support Bureau (CSB), located within the Department of Child Services, administers child

support enforcement under Title IV-D of the Social Security Act. During the COVID-19 pandemic, certain

administrative child support enforcement actions were suspended to provide some level of relief for those

individuals suffering from the economic consequences brought on by the virus. To prepare for future

emergencies, CSB partnered with the Indiana Prosecuting Attorney’s Council (IPAC) to develop guidance for

essential child support services that would need to proceed in the event of a full or partial emergency

shutdown. Finally, in the event of a future emergency, one legislative proposal has been included to, if

needed, provide CSB additional flexibility to assume responsibility for carrying out IV-D functions for a

county which is unable to provide child support services due to emergency conditions.

III. Indiana DCS: Child Welfare

The Department of Child Services protects children who are victims of abuse or neglect and strengthens

families through services that focus on family support and preservation. DCS operates a toll-free hotline (1-

800-800-5556) for people to call and report suspected cases of child abuse or neglect.

Families receive services based on the severity of the abuse or neglect, an assessment of the child's and the

family's needs, and an assessment of the relative safety and risk to the child in the home.

The Department of Child Services’ vision is that children will live in safe, healthy and supportive families and

communities.

(1) Overview of which, if any, operations or services were reduced or suspended during the COVID-19

pandemic:

 [Standby Guardians] – Under IC 29-3-3-7, a parent of a minor or the guardian of a protected

person may designate a standby guardian in the event of their death or incapacity. Section 4 of

Executive Order 20-19, dated April 7, 2020, suspended the requirement under IC 29-3-3-7(c) that a

notary witness the signing of a standby guardianship declaration. Instead, the standby guardianship

declaration may be witnessed by a single person.

 [Foster Care Licensing Requirements] – On April 15, 2020, DCS Director Terry Stigdon issued

Administrative Letter DCS-20-01 titled Temporary Modification to Foster Care Licensing

Requirements. To protect the health and safety of staff, families and the community during the

COVID-19 pandemic, temporary exceptions were made to select Foster Family Home Licensing

Policies. DCS moved all pre-service and in-service training requirements outlined in DCS Policies

12.5 Pre-Service Training Requirements and 12.14 In-Service Training Requirements to a virtual

format. Cardiopulmonary Resuscitation (CPR) training, as outlined in DCS Policy 12.6 Medical

Training Requirements, continued to be required, but when classroom learning was not available,

CRP training was required virtually or online by a certified program. The letter also recognized DCS

Policy 12.9 Waivers, which allows the Central Office Licensing Unit to grant a waiver for a foster

family home to be noncompliant with a specific rule or regulation. This waiver process was

administered on a case-by-case basis. 465 IAC 2-1.5-22 (Foster parent training); IC 31-27-2-8

(Granting of variances and waivers).

 [Face-to-Face Contacts]:

o [Assessments] – Beginning March 20, 2020, DCS Hotline intake staff began using

COVID-19 pre-screening questions when receiving reports of child abuse and neglect. IC

31-33-8-1 prescribes the response times for initial contact by family case managers. DCS

Policy 4.4 (Required Interviews) prescribes the interviews that must occur during an

assessment.

o [Parent Time and Sibling Visitation] – IC 31-34-21-5.5 states that the department shall

make reasonable efforts to preserve and reunify families, and IC 31-28-5-2 states that the

department shall make reasonable efforts to promote sibling visitation. DCS Policy 8.12

provides guidelines for parental and sibling visitation. Further, juvenile courts require DCS

to facilitate parenting time between parents and their children as well as between siblings.

Starting March 20, 2020, DCS instructed staff and stakeholders that visitation was not

required to take place in person, but could be provided virtually, unless required by the

court. Beginning June 15, 2020, at least one visit per week was required to be in-person while

remaining visits could be provided virtually. Courts also issued updated orders regarding

visitation.

o [Family Case Manager Residential Child Visitation] – Under DCS Policy 8.10, the

department has monthly face-to-face contact with every child under DCS care and

supervision. On March 20, 2020, in person face-to-face visits at residential facilities by FCMs

were suspended and transitioned to virtual visits. In May 2020, DCS staff resumed in-person

face-to-face visits with children in residential facilities. To provide for the safety and well-

being of children and staff in the facilities, a limited number and specific family case

managers were assigned with the responsibility to perform residential visits.

o [Family Case Manager Child Visits] – Under DCS Policy 8.10, the department has

monthly face-to-face contact with every child under DCS care and supervision. As a result of

the COVID-19 pandemic, on March 20, 2020, DCS Director Terry Stigdon notified field

staff that virtual tools would be an option to facilitate monthly FCM visits. In-person FCM

visitation remained a priority subject to the results of COVID-19 screening questions and

certain preferences of the placement home. This policy remained in effect until June 15, after

which time in-person face-to-face FCM visitation resumed.

o [Monthly FCM Parent Visits] – Under DCS Policy 8.10, the department has monthly

face-to-face contact with the parents, guardians, and custodians of children under DCS care

and supervision. On March 20, 2020, DCS Director Terry Stigdon notified field staff that

virtual tools would be an option to facilitate monthly FCM visits. In-person FCM visitation

remained a priority subject to the results of COVID-19 screening questions and certain

preferences of the home. This policy remained in effect until June 15, after which time in-

person face-to-face FCM visitation resumed.

o [Interstate Compact on the Placement of Children (ICPC)] - The Interstate Compact

on the Placement of Children (ICPC) is a compact between all 50 states, the District of

Columbia and the U.S. Virgin Islands. It is a uniform law which establishes procedures for

the placement of children across state lines. The Indiana ICPC statute is located at IC 31-28-

4. Under DCS Policy 8.10, the department visits out-of-state placed children once every four

months. Beginning in March 2020, DCS suspended placing children out-of-state as well as

visiting children already placed out-of-state. In May 2020, DCS began prioritizing visitations

to those children whose visits were suspended as well as resuming placing children out-of-

state.

o [Community-based Services] – The Department of Child Services contracts with agencies

and individuals to provide community-based services to children and families. To perform

these services, contracted agencies are required to follow DCS service standards. These

service standards include a requirement for face-to-face delivery of services. To provide for

the safety of children and families, in March 2020, DCS authorized services to be

administered using virtual platforms, subject to the Child and Family Team agreeing that the

individual services referred were appropriate to be completed in this fashion. Importantly,

each Child and Family Team could determine the risk, needs and safety of each family being

served. To ensure coordination between the department and service providers, DCS held

weekly COVID-specific provider calls throughout the pandemic. Answers to questions and

guidance from these calls were then posted on the department’s website.

o [Residential Services] – Under IC 31-27-2, the department is charged with the licensing

and monitoring of residential facilities including private secure facilities, child caring

institutions and group homes. DCS also contracts with residential facilities to provide

treatment and care for youth involved with the department or probation. On March 16,

2020, DCS adopted the Indiana State Department of Health’s (ISDH) visitation guidelines

that were issued on March 14, 2020, that restricted visitation of all visitors and non-essential

healthcare personnel. DCS issued its own guidance and, effective June 1, parental visits

resumed at facilities and youth with pending discharges were allowed to have home passes.

To ensure coordination between the department and residential facilities, DCS held weekly

COVID-specific calls throughout the pandemic.

o [Child and Family Team (CFT) Meetings] – Under DCS Policy 5.7, the department

facilitates child and family team (CFT) meetings to engage with each families and children to

create plans for assessment, safety, service delivery, and permanency. Due to the pandemic,

beginning on March 20, 2020, planning for CFT meetings were required to use COVID-19

screening questions before setting up and meeting. CFT meetings were eventually

transitioned to a virtual format by default with the option of an in-person meeting.

 [Medical Examinations] -- 465 IAC 2-1.5-19 requires, in part, a foster parent to schedule a child to

be examined by a physician within 10 days of admission to the foster family home, except under

certain circumstances. Pursuant to Section 13(B) of Executive Order 20-05, dated March 19, 2020,

the Indiana Department of Child Services modified this 10-day requirement to a 45-day requirement.

 [Older Youth and Collaborative Care] -- Collaborative Care is Indiana’s extended foster care

program. Collaborative Care is designed for young adults from age 18 until they turn 21 who

voluntarily request to remain or reenter into foster care with services. For the duration of the public

health emergency, Section 1 of Executive Order 20-31, dated June 3, 2020, suspended the relevant

portions of IC 31-28-5.8-5(a) to allow the Department of Child Services to continue providing

collaborative care services to individuals who are participating in these services and who have

exceeded the age of 21 years and consent to continued services.

 [Court Proceedings] – As the result of county courts experiencing closures or limited dockets,

some filings and hearings were delayed. Many courts eventually transitioned to virtual hearings,

which provided for the resumption of proceedings.

 [Administrative Law Proceedings] – Virtual proceedings began to be offered in May 2020.

Pursuant to IC 4-15-10.5 (HEA 1223-2019), on July 1, 2020, DCS administrative law judges were

transitioned to the newly created Office of Administrative Law Proceedings. 465 IAC 3-3-9

(Scheduling of hearings); 465 IAC 3-3-18 (Hearing continuances).

 [Training] – New family case manager, attorney, service provider and resource parent trainings were

transitioned fully to a virtual format.

(2) Overview on preparations to address future emergencies and recovery from emergencies based on the

state agency's experience with the COVID-19 pandemic:

 [Technology]

o [Office and Inventory Tracker] – To facilitate accurate accounting and recordkeeping, the

DCS IT team developed and deployed (1) an office tracker; and (2) an inventory tracker. By

requiring DCS personnel to check in and check out of the office tracker, agency leadership

can monitor the amount of staff in the office to accommodate for social distancing and

other recommended safety guidelines. The inventory tracker allows agency leadership to

monitor the supply of cleaning products and personal protective equipment (PPE) across the

department.

o [Family Case Managers] – To prepare family case managers for the ability to perform their

roles well remotely, FCMs planning to transition to using tablets. In addition, the DCS IT

team is developing the capability for field staff to fully secure signatures electronically.

o [Clerical Staff] – Clerical staff will be provided laptops to be able to perform their work,

supporting agency team members, remotely.

 [DCS Back on Track Plan] – To accommodate the safety of agency personnel and those the

agency serves, DCS leadership developed the DCS Back on Track Plan. This was done in

conjunction with Gov. Holcomb’s Back on Track Indiana plan. The plan includes rotating in-office

schedules to facilitate social distancing, dedicated walking paths and doors, conference room capacity

limits, deep cleaning of offices, and personal protective equipment for field staff. DCS has also

begun creating a pandemic plan for the agency to assist the department in knowing how it should

respond to pandemics in the future.

 [Virtual Experience] – As described in Question 1, certain operations at DCS were transitioned to

a virtual format. This included visitations between biological parents and children in out-of-home

placements. When appropriate and safe, this also included family case manager visits to check on

children and placements. Finally, trainings for new employees and foster parents were also moved to

a virtual format. Because of this experience, the agency is prepared to make these transitions again

should future emergencies require it.

(3) Recommendations, if any, for legislation that may be needed to help ensure the agency is prepared to

address future emergencies:

 None.

(4) Recommendations, if any, for legislation to permanently repeal or modify any regulations or laws that

were or are partially or fully suspended due to the COVID-19 pandemic:

 [Older Youth and Collaborative Care] – To provide a smooth transition in the event of any future

disaster emergency, DCS would recommend amending the statute regarding eligibility for

Collaborative Care. The amendment would add a section authorizing the DCS Director, in the event

of a disaster emergency declaration, at his or her discretion, to extend eligibility for Collaborative

Care services to youth receiving services for the duration of the emergency declaration. This would

prevent those older youth who are aging out of services from losing important support in the middle

of an emergency.

 [Medical Examinations] – As described in Question 1, the department was able to modify the time

requirements for foster parents to seek a medical examination for a child residing in their home. DCS

would recommend a statute authorizing the DCS Director, in the event of a disaster emergency

declaration, at his or her discretion, the ability to suspend this requirement to ensure timely

adjustment.

IV. Indiana DCS: Child Support

Federal child support activities and organizations are governed by Title IV-D of the Social Security Act.

Under federal law, each state is required to have a “single and separate organizational unit” to administer

child support enforcement. In Indiana, it is the Child Support Bureau (CSB), located within the Department

of Child Services. Under Title IV-D, states are required to provide the following mandatory child support

services: (1) the location of non-custodial parents, (2) the establishment of paternity, (3) the establishment of

child support and medical support orders, (4) the enforcement of those orders, and (5) payment processing,

distribution and disbursement of child support monies.

Child support enforcement is structured in different ways in every state. Indiana is unique in that it is state

administered but locally operated by elected officials. The offices of the elected prosecuting attorneys in every

county perform all child support establishment activities, perform many enforcement activities as well as

some parental location services. Offices of the elected county clerks engage in cash payment processing and

court order entry into the state-wide child support computer system.

The Child Support Bureau is responsible for ensuring the Indiana IV-D program is administered in

accordance with federal and state law, maintaining the state-wide child support computer system and giving

the counties tools to assist with their responsibilities. CSB also is responsible for processing incoming

interstate cases, centralized parental location activities, child support payment processing and disbursing of

funds, assisting employers and some administrative child support enforcement.

Child support orders are legal obligations to provide financial support for a child(ren), and are established by

a court of law. All child support obligations in Indiana are governed by the Indiana Child Support Rules and

Guidelines issued by the Indiana Supreme Court. To ensure that child support payments are made, certain

legal and administrative enforcement tools may be used. These enforcement tools include:

 Petitioning for judicial enforcement

 Withholding support payments from wages, unemployment compensation and other benefits

 Intercepting federal and state income tax refunds, lottery winnings and insurance settlements

 Reporting of unpaid child support to a credit bureau

 Suspending driver's and professional licenses as well as hunting and fishing licenses

 Applying vehicle liens

 Locating and withholding financial account assets

 Cross matching parents who owe support with employer new hire reports

 Denying/revoking passports

 Intercepting unclaimed property

 Interfacing data with numerous other federal and state agency systems

(1) Overview of which, if any, operations or services were reduced or suspended during the COVID-19

pandemic:

 The following administrative enforcement child support actions were suspended effective April 1,

2020:

o Driver’s license and recreational license suspensions (42 USC 666(a)(16); IC 31-25-4-32; IC

9-30-16-4; IC 14-11-3)

o New submissions to the credit bureau agency (42 USC 666(a)(7); 45 CFR 302.70; IC 31-25-

4-22)

o Withholding (taking) of funds from financial accounts (Financial Institution Data Match –

FIDM) (42 USC 666(a)(17); IC 31-25-4-31)

o Sanctioning public assistance benefits of non-cooperating TANF recipients (45 CFR 264.30;

IC 12-14-2-24; IC 12-14-7-2)

As a general matter, the implementation of federally-required child support enforcement measures is

left to state law and/or agency policy. Ultimately then the use of administrative child support

enforcement tools are within the discretion of Title IV-D agencies and their partners.

 Under federal law, to ensure the efficient use of federal dollars and the effective administration of

state child support programs, the Department of Health and Human Services has established certain

regulatory timeframes for the processing and completion of child support services. (See generally 45

CFR 302, 303, 307)

o Section 301 of the Stafford Act, 42 U.S.C. § 5141, provides that “Any Federal agency

charged with the administration of a Federal assistance program may, if so requested by the

applicant State [or Indian tribal government] or local authorities, modify or waive, for a

major disaster, such administrative conditions for assistance as would otherwise prevent the

giving of assistance under such programs if the inability to meet such conditions is a result of

the major disaster.”

o On June 18, 2020, CSB applied to the federal Office of Child Support Enforcement (OCSE)

for Stafford Act flexibility with regard to multiple federal performance timeframes. On June

25, 2020, OCSE approved CSB’s request.

o Attached to this report is the Stafford Act Approval Letter from OCSE.

(2) Overview on preparations to address future emergencies and recovery from emergencies based on the

state agency's experience with the COVID-19 pandemic:

After the state emergency declaration, certain county-based offices and operations, such as courthouses and

prosecutors’ office, were fully or partially shut down. This meant that certain child support services were

suspended or delayed.

To ensure that needed child support services continued without significant disruption, the Child Support

Bureau worked with the Indiana Prosecuting Attorneys Council (IPAC) to develop guidance for essential

child support services that would need to proceed in the event of a full or partial emergency shutdown.

Attached to this report is the document titled “Essential IV-D Duties During Full or Partial Office

Emergency Shutdown.”

(3) Recommendations, if any, for legislation that may be needed to help ensure the agency is prepared to

address future emergencies:

 To be better prepared for a future emergency, DCS recommends a modification to IC 31-25-4-13.1.

This modification would provide the Child Support Bureau additional flexibility to assume

responsibility for carrying out IV-D functions for a county which is unable to provide child support

services due to emergency conditions.

 The current statute requires CSB to seek an affirmative vote of two-thirds of the Interim Study

Committee on Public Health, Behavioral Health, and Human Services if it wishes to contract with a

private attorney or assume responsibility to carry out Title IV-D child support activities. This

modification would remove the requirement for approval of the Interim Study Committee.

 In the event certain county offices are closed or are limited in operation due to an emergency, it

would be helpful for the continuity of services, if needed, for CSB to be able to efficiently transition

to working with other contractors for services. During the COVID-19 emergency, CSB was unable

to step in for the local county offices due to the limitations of this provision.

(4) Recommendations, if any, for legislation to permanently repeal or modify any regulations or laws that

were or are partially or fully suspended due to the COVID-19 pandemic:

 None.

Attachment A

Attachment B