Challenging DCS Substantiations: Administrative Law Judge Finds Allegations Unsupported
Alexa D. Bischoff
Challenging DCS Substantiations: Administrative Law Judge Finds Allegations Unsupported
In December 2022, a mother and her husband sought legal representation after the Indiana Department of Child Services (DCS) substantiated allegations of sexual abuse against the husband—the child’s stepfather—and neglect against the mother. The accusations originated from a teenage child with low cognitive functioning and a documented history of dishonesty and attention-seeking behavior.
Under Indiana law, DCS has 40 days to complete an assessment of abuse or neglect allegations and determine whether they are substantiated. In this case, however, DCS reached its decision in less than a week and after minimal investigation. The stepfather was criminally charged in January 2023 based on the same claims.
The family exercised its right to challenge the substantiations through an administrative appeal. The family retained The Nice Law Firm in 2023 to represent both mother and stepfather in that administrative appeal. A careful review of the records revealed significant concerns: the child had a long history of making false allegations against men—facts she herself had previously admitted—yet DCS failed to meaningfully evaluate her credibility before substantiating the claims.
In April 2025, the criminal charges against the stepfather were dismissed, allowing the administrative process to move forward. An evidentiary hearing was held before an Administrative Law Judge (ALJ) later in 2025. A few weeks ago, the ALJ released the recommendation. After hearing testimony and reviewing the full record, the ALJ concluded that the child’s credibility was so lacking that DCS failed to meet its burden of proving either sexual abuse by the stepfather or neglect by the mother.
The case now proceeds to DCS’s Final Agency Authority, which will review the ALJ’s recommendation and issue a final decision. That decision may adopt the recommendation—resulting in reversal of the substantiations and expungement from the Child Protection Index—or it may override the ALJ and leave the findings in place.
This structure raises ongoing concerns about fairness and meaningful oversight within the system. Although the law has since changed to give ALJs final decision-making authority for administrative appeals filed after July 1, 2024, earlier cases—like this one—remain subject to review by DCS itself. If the Final Agency Authority rejects the ALJ’s recommendation, the family may appeal the matter to a trial court, where an independent judge will review the evidence.
While the ALJ’s recommendation represents a significant and hard-fought victory, the ultimate outcome remains uncertain. We at The Nice Law Firm are hopeful that DCS will adopt the ALJ's findings and restore this family’s good name.
