Garcia Wilburn celebrates signing of child safety law, honors life of Kinsleigh Welty

Today, Gov. Mike Braun ceremonially signed House Bill 1036 into law, marking the culmination of a legislative effort led by State Rep. Victoria Garcia Wilburn (D-Fishers) to strengthen child safety oversight within Indiana's Department of Child Services (DCS). The new law requires DCS caseworkers to conduct an in-person visit with a child within 30 days before any case closure or discharge.

While this legislation secures crucially important protections for Indiana children, it was born from tragedy. Multiple times, DCS was called out to five-year-old Kinsleigh Welty's mother's home on allegations of abuse and neglect. But the agency closed the cases on Kinsleigh, and she died of starvation without getting the help she deserved. Kinsleigh's tragic death exposed a dangerous gap in the state's child protection system: Caseworkers could close cases or discharge children from oversight without having physically laid eyes on them in recent weeks. Kinsleigh's grandfather, Brian Welty, shared Kinsleigh's story through testimony during the bill's Senate committee hearing. Her death galvanized Indiana lawmakers on both sides of the aisle, and HEA 1036 passed both chambers of the Indiana General Assembly unanimously.

With today's signing, that gap is now closed by law.

Garcia Wilburn issued the following statement at the bill signing ceremony:

"Today is for Kinsleigh, a little girl who deserved more protection than she received. With this legislation, we honor Kinsleigh's life by making sure every single child in the DCS system has the right to be seen, heard and treated with compassion. 

"House Enrolled Act 1036 is a simple law with a profound purpose: Before Indiana closes a case, a caseworker must look that child in the eye. Not rely on old notes or make assumptions. This one requirement could mean the difference between life and death for a child who has no other voice.

"This has been a long road, but at every step, this bill earned unanimous support. Protecting kids is something all of us, regardless of party, can agree is worth fighting for.

"I am deeply grateful to my co-authors, Reps. Alex Burton, Lori Goss-Reaves and Julie McGuire, Senate sponsor Sen. Linda Rogers, Braelynn Yerington and Champions for Children for their tireless advocacy, and Gov. Braun for signing this legislation into law. And above all, I am grateful to Brian Welty, who turned unimaginable grief into action so that no other family has to endure what his did.

"Kinsleigh deserved to be seen. Now, every child in her situation will be."

This bill, along with Garcia Wilburn's advocacy for HEA 1303 and 1408, marks her third piece of child welfare legislation signed into law this year.