Garcia Wilburn bill to keep kids in DCS system safe passes out of committee

Today, Jan. 26, House Bill 1036 passed unanimously out of the House Judiciary Committee. Authored by the committee's ranking Democrat State Rep. Victoria Garcia Wilburn (D-Fishers), the bill requires that Indiana Department of Child Services (DCS) caseworkers must see a child in person within 30 days before a case closure or discharge.

This legislation was drafted in response to tragedies like the death of Kinsleigh Welty, a five-year-old who died of starvation, and is aimed at ensuring children are safe before investigations and cases by DCS are closed.

Garcia Wilburn issued the following statement after the bill's committee passage:

"House Bill 1036 was written in the memory and in the honor of Kinsleigh Welty, a 5-year-old Indianapolis girl who died tragically and whose story was shared by her grandfather Brian via written testimony today. This legislation aims to close a dangerous gap in child safety oversight with codifying one simple protection – the necessity of an in-person visit by a DCS caseworker before a case closure. This is a commonsense protection that guarantees decisions are based on the child’s current condition, not outdated information. A caseworker’s last visit may be the only physical verification of a child’s safety.

"Children deserve more than assumptions. They deserve to be seen. This bill ensures that before Indiana closes a case or steps away from a child's life, the department has laid eyes on that child and verified their safety. No child should fall through the cracks. This is a simple, powerful step toward a safer and more accountable child protection system. 

"I'm thankful to the House Judiciary Committee for their unanimous support of my legislation today and to my co-authors Reps. Alex Burton, Lori Goss-Reaves and Julie McGuire. I also appreciate Braelynn Yerington, a former foster parent and founder of Champions for Children, for testifying in favor of the bill and sharing Kinsleigh and Brian's story. I look forward to advocating for HB 1036 to advance further in the legislative process so we can keep more kids safe."

The bill now heads to the House floor for further consideration.