Garcia Wilburn successfully offers fix to DCS residential care facility reporting issue

INDIANAPOLIS — Today (Jan. 25), Rep. Victoria Garcia Wilburn (D-Fishers) offered an amendment to House Bill 1164 that would resolve some of the statutory ambiguity that led to the Department of Child Services not investigating several allegations of sexual abuse at the Pierceton Woods Academy residential care facility. 

Her amendment clarifies in Indiana's child abuse and neglect 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.

Currently, this definition of “child” already exists in Indiana’s residential care facility code, but not in the child abuse and neglect statute. The Indianapolis Star’s 2023 investigation into Pierceton Woods and its parent organization, Lasting Change, found that DCS screened out reports of sexual abuse or inappropriate behavior because the resident turned 18 before the report was made. 

“This is about empowering DCS to do their job,” Garcia Wilburn said. “Some of the most vulnerable young Hoosiers who have already experienced extreme trauma reside at residential care facilities like Pierceton Woods. The law should be crystal-clear that DCS has an obligation to protect children under their care who turn 18 but still reside at a residential facility through the age of 21. It’s my hope that this language, when it becomes law, will help DCS better protect all the children under their watch.” 

Garcia Wilburn previously promised to address some of the concerns raised by the allegations against Pierceton Woods via an op-ed published in the Indianapolis Star.

House Bill 1164, including this language, now heads to the full House for consideration.