Except for presidential politics, I tend to blog mostly about things on the eastern side of the Atlantic. That’s probably because living here, most of the things that affect my life on a daily basis are here. However, having visited the blog of a commenter to a previous post, my attention is drawn westward.
Each of Mark McGaha’s children have been declared a Child in Need of Services (CHINS) by an Indiana Circuit Court at the behest of the Department of Child Services. I can’t opine on whether they should be CHINS or not, or whether they should be in foster care.
As a lawyer I used to handle occasional CHINS cases in Indiana, usually representing the interests of one or both parents. One of my longest-running cases was a CHINS case involving what I called the family tree that didn’t fork. So I’m not denying that there can be situations whether the State needs to step in.
Unless there have been significant changes in my absence, like all buraucrats, DCS workers range from good to bad. If McGaha’s allegations are true, then there are some in Fountain County who are very bad. One thing that concerns me is that there is no mention of McGaha’s lawyer. He needs one. If he is doing this on his own, sadly he is fighting at a severe disadvantage.
This may be why the Fountain County Circuit Court judge got away with an outrageous unconstitutional act. She issued a restraining order preventing WXIN in Indianapolis from showing McGaha’s face or even allowing him to make his complaints against DCS. As one of my old law professors commented to the Indianapolis Star, “I don’t know what’s more outrageous: the judge ordering this and not knowing it violates the Constitution, or knowing and still issuing the injunction.” He described this as bordering on judicial misconduct. “Quite simply, a judge does not have the authority to stop the press from publishing or airing a story. Any person has a right to contact the press and say a public agency is not treating them right.”
Because of the inherent power of the bureaucracy, the press is one of the only checks upon it. That is why it is so important that access to the press not be denied. The greater the power, the more important the power to question it and challenge it. The more important that it stay on the straight and narrow. Otherwise rights get trampled upon. Otherwise democracy is meaningless.