Garcia Wilburn language to resolve DCS residential care facility reporting issue headed to governor’s desk
Today (March 6), an amended version of Senate Bill 169 was officially approved by both legislative chambers and is now headed to Gov. Holcomb's desk for signing. On Feb. 15 in the House Family, Children and Human Affairs Committee, State Rep. Victoria Garcia Wilburn (D-Fishers) successfully offered an amendment to SB 169 to resolve some of the residential care facility reporting issues brought to light by an investigation by the Indianapolis Star in 2023.
That amendment language, which is included in the version of SB 169 sent to the governor's desk, clarifies in Indiana's child abuse statute that the definition of “child” includes individuals between 18 and 21 years of age who reside or previously resided at a residential care facility licensed by the Department of Child Services. This will clarify that DCS has responsibility for children who go into the system and “age out” while residing in a residential community.
“This language is an important step forward in empowering residential care facility employees to report suspected abuse, especially as more accounts of abuse at residential facilities have come to light this week,” Garcia Wilburn said. “The law always comes before any facility 'policy,' and we've made this crystal clear for employees and administrators alike. This code clarification has been a year in the making ever since the Indianapolis Star published an investigation about several employees' abuse of residents at Pierceton Woods Academy.
“I am thankful for my fellow lawmakers' partnership in working with me to find a home for this fix this legislative session. The children who reside at residential care facilities often have experienced sexual abuse prior to their time at the facility, and it horrifies and saddens me that anyone would take advantage of a child in such a vulnerable state. I believe that this will make progress in ensuring that all children at residential care facilities are kept safe and treated with the care, concern and respect they deserve.”