A Marion County court Monday dismissed a lawsuit against the state claiming a child protection case manager’s caseload was illegal.
State law prohibits caseworkers from taking on more than 17 children at a time. The lawsuit, filed in July last year, said Mary Price had 43 children under her supervision – more than double the limit.
Monday, however, a judge ruled Price does not have the legal right of to sue over the state’s failure to follow the case ratio law. Instead, they suggested Price seek help in the State Employee Appeals Commission, an administrative board under the executive branch.
“Under the law the legislature passed it was decided that the judicial branch was not the proper place for this discussion,” Indiana Attorney General Greg Zoeller said in a statement. “It ultimately is up to the people’s elected representatives in the legislature to determine resources for the DCS and up to the executive branch to manage those resources.”
The Indiana Attorney General’s Office represented the Department of Child Services and its director in the lawsuit, and would continue to do so if the ruling is appealed.
The ruling comes after the Department of Child Services added 113 additional caseworkers to offset the amount of cases on a worker.