EXPLAINER: HB 1307

What House Bill 1307 Would Change at Indiana’s Department of Child Services

---

When families interact with Indiana’s Department of Child Services (DCS), it is often life-altering. For years, advocates and families have raised concerns about what happens when the agency meant to protect children is accused of failing them.

House Bill 1307, authored by State Rep. Alex Burton (D-Evansville), seeks to strengthen oversight of DCS by expanding and requiring key duties of the agency’s Ombudsman’s office. The bill passed the Indiana House on Jan. 28 and now moves to the Senate for consideration. Here’s what the bill does and does not do.

What is the DCS Ombudsman?

The DCS Ombudsman’s office is independent watchdog over the Department of Child Services. They receive complaints, review agency actions, and help resolve concerns raised by families, foster parents, and others who interact with DCS.

Under current law, many of the Ombudsman’s responsibilities are optional, which means the office may investigate complaints, employ experts, or issue recommendations, but is not required to do so. HB 1307 changes that.

What House Bill 1307 DOES

1. Requires investigations — not optional reviews

The bill mandates that the Ombudsman’s office must receive, investigate, and attempt to resolve complaints alleging that DCS:

• Failed to protect a child’s physical or mental health or safety, or
• Failed to follow specific laws, rules, or written policies

---

2. Strengthens the Ombudsman’s independence

HB 1307 requires the Ombudsman’s office to:

• Employ technical experts and staff necessary to carry out its work
• Act as an active oversight body rather passive

Supporters say this reinforces the office’s role as an independent check on DCS, rather than an extension of the agency itself.

---

3. Requires formal recommendations when problems are found

If the Ombudsman determines that:

• A complaint has merit, or
• An investigation reveals a broader problem with an agency, facility, or program

The office must issue recommendations to correct those issues.

---

4. Prevents conflicts in child protection investigations

If a local child protection team was involved in the original investigation of a case, HB 1307 requires that a different local child protection team assist the Ombudsman’s investigation.

This change is intended to reduce conflicts of interest and strengthen objectivity when reviewing DCS actions.

---

What House Bill 1307 DOES NOT DO

• It does not restructure the Department of Child Services itself
• It does not create criminal penalties for DCS failures
• It does not guarantee outcomes for individual cases
• It does not automatically discipline DCS employees

The bill focuses on oversight, investigation, and accountability mechanisms, not direct enforcement or punishment.

---

Why this bill matters

In a press release issued January 28^th, Rep. Burton said, “dozens of Indiana children are harmed each year despite being under DCS supervision. Families have long complained that when things go wrong, there is little transparency and few avenues for independent review.”

The bill reflects a broader push to ensure that agencies tasked with protecting vulnerable children are themselves accountable when they fall short.

---

What happens next?

HB 1307 now moves to the Indiana Senate, where it will be assigned to a committee for further review. If passed by the Senate, it would head to Gov. Mike Braun’s desk to be signed into law. If enacted, the changes would mark a significant shift in how complaints against DCS are handled.