The State is the State. Becker v State, 992 N.E.2d 697, 701-02 (Ind. 2013). Whether the police,
Department of Correction (DOC), a county prosecutor or Department of Child Services (DCS). If you have children, you should be scared for them.

There’s one letter difference between “DOC”, the arm of Indiana government in charge of prisons, and DCS, the arm that terminates parents’ rights to, and relations with, their children. Our State and Federal Constitutions protect us in criminal matters, but not so much versus DCS.

In Doyle v Ohio, 426 U.S. 610 (1976), the U.S. Supreme Court held that you can’t be punished if you invoke your right to remain silent. Contrary to TV cops, the jury never can know “why you didn’t tell us your side of the story.” It makes sense: you can’t suffer for invoking rights.

What you say can and will - out of context or bit-by-bit-or in whatever way the State can shoe-horn to make their charges - be used against you in a court of law. If what you say can’t make the charges they want to bring, they’ll threaten you with perjury, so keep your mouth shut.

DCS is different, but the same. DCS “leads the state’s responses to allegations of child abuse and neglect” (in.gov/dcs/2370.htm), even though a lot of people are unaware DCS exists. If you
are poor, DCS can be a constant. Prosecutors and DCS can play patty-cake.

Parents lose their rights as parents nearly every day in Indiana, via two procedures, a Child in Need of Services (“ChINS”) action, and, after six (6) months or 15 of the most recent 22 months, an action to terminate parental rights. (“TPR”).Criminal charges can be brought.

If you get arrested for possession of pot in your home, when your kids are at a game, a “310" - a form for reporting neglect or abuse of a child - can (and a lot of times is) filed. In the criminal case, your lawyer will tell you to keep your mouth shut. Your silence cannot be used against you.

In the ChINS case? DCS can use your silence to draw adverse inferences against you. DCS can do the same in TPR. TPR = complete loss of your rights or contact with your kid. We should not apply different standards in regard to invocation of rights in crim and ChINS.

The stakes are as high or, some would say, higher when it comes to their kids, but realize there are prosecutors and police who will threatewn you with loss of your kids to get you to “just tell your side of the story” because “the truth will make you free.” Hint: it won’t.