How Could You? Hall of Shame-Judge James Payne UPDATED

This will be an archive of heinous actions by those involved in child welfare, foster care and adoption. We forewarn you that these are deeply disturbing stories that may involve sex abuse, murder, kidnapping and other horrendous actions.

From Indianapolis, Indiana,  Department of Child  Services director Judge James Payne is under investigation for allegedly abusing his authority in his son’s custody case. In 2010, DCS took custody of his grandchildren during a nasty divorce custody battle between his son and daughter-in-law.

“Payne helped his son’s lawyer draft a legal brief critical of his own agency’s work when DCS decided to give the children back to their mother, the newspaper reported. During a time when Payne was given custody of the children, he received transportation assistance from the agency despite earning more than $130,000 and having a state-issued vehicle.

The Code of Conduct that Payne instituted at DCS also forbids employees and top officials from “personal and private interests” such as intervening in a case involving relatives, the Star reported.”

“DCS released an email from Chief of Staff John Ryan Sunday in which he summarized how the agency approached the sensitive case by saying “we were crystal clear that we had to approach this situation in a manner that definitively separated Judge Payne’s professional role from that of his personal role as a grandfather.”

The agency made phone calls to Michigan, Kentucky, Ohio and Illinois to ask if any of their child-protective agencies could take the case. No one could do so but Illinois recommended two retired, but licensed Illinois case workers to handle the case. DCS hired one of them to take over the case from June 2010 to May 2011.

DCS also released written answers that Payne provided the Star in which he said, “It was difficult to see our children and grandchildren go through this matter, and it is nothing short of despicable for The Indianapolis Star to profit from their difficulties. We have not seen our grandchildren since Christmas due to a custody case. So, to even imply that I had any professional influence on this case is preposterous.”

Daniels appointed Payne – a Marion County juvenile court judge – in 2005 to reform Indiana’s long-troubled child welfare system. After years of being the face of the agency, Payne in recent months has avoided the spotlight. He delivered good news about a drop in annual abuse and neglect deaths in February but since then has allowed Ryan to take the lead.

Ryan, for instance, announced additional child protection spending in June, accepted criticism of DCS’ flawed hotline in August and announced a new plan this month to aid mentally ill children.”

Child welfare chief’s ethics questioned

[Fort Wayne Journal Gazette 9/23/12 by Niki Kelly]

Judge Payne resigned Monday September 24, 2012 just before 1 PM EST.

“Governor Mitch Daniels announced Monday that he accepted Payne’s resignation.

“It is clear that the story of my family’s person circumstances will continue to be public and that there is no concern by those about the impact this will have especially on my grandchildren,” Payne wrote in his letter to Daniels. “Therefore, in fairness to my family and to all my fellow co-workers at DCS, I resign effective today.”

“Governor Daniels has asked DCS Chief of Staff John Ryan to serve as director of the department. Ryan accepted the responsibilities, effective immediately.”

Embattled DCS chief resigns over ethics questions

[FOX 59 9/24/12]

“Democrats had been calling for Payne to recuse himself from his duties while the inspector general investigated the complaint. Sens. Vanessa Summer (D-Indianapolis), Tim Lanane (D-Anderson) and State Rep. Ed DeLaney (D-Indianapolis) were there when news arrived of Payne’s decision to step down, and they applauded it. They are still calling for the inspector general to complete an investigation to determine whether or not any wrongdoing occurred.”

“DCS says the ordeal started in May 2011, when a call came into the agency’s hotline from law enforcement. The unidentified caller said children were left alone while their mother had taken a trip out of state. DCS says neither police nor the case worker who responded knew the children were Judge Payne’s grandchildren.

After authorities contacted the mother, who is Payne’s estranged daughter-in-law, DCS says the mother asked that the children be placed with Payne and his wife Terrie.

Placing children with stable relatives is a common practice with the agency. In this case, the Payne’s grandchildren had lived with them for a two-year period some time prior to the incident.

DCS says once it became clear that the case would require on-going court intervention, the agency asked child-protective agencies from Michigan, Kentucky, Ohio and Illinois to take the case. None of them would. That’s when Illinois officials recommended two retired, licensed Illinois caseworkers for the job.

As part of the child services process, the Paynes confirm they were involved in counseling meetings involving the children. DCS refused to provide any other specifics and would not provide anyone to speak with us on camera.”

Judge Jim Payne steps down as DCS director

[WTHR 9/24/12 by Sandra Chapman]

REFORM Puzzle Piece

Update: “The IndyStar investigation, detailed in Sunday’s newspaper, stated Payne was involved in helping his son fight DCS, even drafting a legal brief criticizing the agency. The article stated Payne’s grandchildren were given transportation, which is not available to every family. DCS said Payne’s grandchildren were eventually returned to their mother. DCS added before 2010, his grandchildren lived with the Paynes for about two years.
Also during this time, DCS spoke with Fox59 about an investigation, which looked into an accusation Payne hit his grandchild. DCS said the Illinois family caseworker thoroughly investigated it. Ryan said he reviewed the case. He said it was not substantiated. ”

DCS director resigns amid allegations concerning his son’s custody battle

[FOX 59 9/24/12 by Marisela Burgos]

“The Indianapolis Star story questioned Payne’s involvement in a case stemming from a 2009 divorce filing by Heather Payne against John Payne, the director’s son, 10 days after her husband was arrested for drunken driving. Heather Payne sought and received a protective order and custody of their four children, including two fathered by John Payne.

John Payne alleged that Heather Payne often left the children on their own for hours, and said the oldest, a 13-year-old, was responsible for watching the others.

The children were removed from their mother’s custody in 2010, after DCS was notified that the children had been left alone while their mother traveled to Ohio. A DCS case worker took the children into protective custody and placed them with Payne and his wife.

While the children were in the Paynes’ care, James Payne was the target of an investigation into whether he slapped one of his grandchildren. He was investigated and cleared by his own agency, The Star reported.

He wrote to The Star of the slapping allegation: “It never happened, never would, and the allegations were unsubstantiated by an out-of-state case manager.”

In November 2010, DCS returned the children to Heather Payne, and a Hamilton County judge approved the move. That pitted DCS staff against the director and led to his involvement in helping write a legal brief that included a stinging attack on the agency, The Star reported, citing documents it reviewed.

James Payne never stepped aside from his leadership role with the agency while involved in his grandchildren’s case. He never notified Daniels of his involvement in the case or that he, at one point, was the target of an investigation, the newspaper reported.”

Indiana Child Welfare Head Resigns after ethics issue surfaces

[Chicago Tribune 9/24/12 by Associated Press]

The part about the Judge’s salary of $130,000 being pertinent is that one has to have a low income to qualify for the type of transportation services that he was afforded for visitation. The following document is the order in which he obtained the transportation

https://www.documentcloud.org/documents/413676-p-lifelline-10-2010-more-transporation.html

This article Indiana child welfare head’s ethics questioned [Journal Courier Online 9/23/12, only visible with paid subscription] explains that “less than two months after the divorce  filing” Judge Payne filed for visitation rights with his grandchildren. That was denied by the Hamilton County judge because there are no grandparents rights in Indiana.

“The fight grew more contentious in early  March 2010, when Heather Payne’s attorney filed a notice that she  intended to move with the children back to North Carolina.

Records obtained by The Star reveal it was around that time that a private investigator began keeping tabs on her. It is unclear whether her husband — who was now living with his parents and just months earlier had qualified financially for a public defender in his drunken driving case — was paying for the investigator or someone else was.”

“The next month, a motion filed by John Payne’s attorney asked  the court to remove the children and place them with their  grandparents. The brief alleged their mother “continually left the  children alone” and did not return “until anywhere from 4 a.m. to 7 a.m. or later.” During those absences, the motion said, she left  her oldest child to care for the younger children.”

The legal brief also alleged that  Heather Payne, who declined to be interviewed for this story, was  working as a stripper.

The judge set a telephone conference with  the attorneys representing the couple for May 20, 2010.

But the night before that conference  call, the children were removed from  their mother and placed with their grandparents — not by the  divorce court, but by the agency run by Payne.

Someone called DCS and Noblesville police  around 10 p.m. on May 19, 2010, making the same allegation against  Heather Payne that was central to John Payne’s divorce case  petition seeking to have the children placed with his parents.

The caller, who is not named in records  examined by The Star, reported that Heather Payne left the  children — who ranged in age from 5 to 13 — home alone and was headed to Ohio.”

His daughter-in-law contended that the private investigaor called DCS on her and that her car had a GPS tracking device placed on it. The night that DCS took the children away, she returned at 1:20 AM and the children were placed with Judge Payne and his wife.

The retired Illinois social worker who was then put in charge of the hitting/slapping investigation was being overseen by the Deputy Attorney General, who did not know specifics of DCS investigations and his chain of command included  Judge Payne. Additionally, it is stated that Governor Daniels was not aware of any of this, which may explain why the uh…”resignation” occurred so abruptly after the Star reported its findings.

Indiana has no law about casual babysitting and licensing is only required if there are 6 or more children, but many places do offer Safe Sitter courses for 11- to 13-year olds. The allegation that started the DCS removal to begin with is suspect with both timing and “home alone” claim of the 13 year old babysitting his siblings aged 5 and older.