INDIANAPOLIS — A Hendricks County judge reaffirmed that it must be Department of Child Services director Eric Miller, not another representative as requested by DCS, tasked with proving why the department should not be held in contempt for failing to obey a court motion ordering them to produce documents related to a child's torture-killing case.
The documents DCS is accused of failing to provide hinge on a lawsuit surrounding the death of 4-year-old Judah Morgan, who was found dead on the floor of his biological parents' home in October 2021. In the years leading up to Judah's death, his foster family, who had taken care of him since birth, adamantly claimed they tried to alert DCS to ongoing abuse Judah suffered before his death.
His foster family accused a judge of ordering Judah be sent back to his biological parents' home despite constant claims of abuse, and that he was beaten to death seven months later. Police believe Judah was starved in a "house of horrors" and tied up in a dark basement with duct tape prior to his death.
DCS was later named as a non-party to a case filed last January, which sought damages against Judah's biological father, Alan Morgan, 29, who was sentenced to 70 years for beating his son to death and torturing him for months beforehand. In August, Judah's biological mother, Mary Yoder, 27, pleaded guilty to her involvement in his death.
That civil lawsuit filed against Morgan also took aim at the Indiana Department of Child Services, and accused the organization of dropping Judah's case file even as he remained “an endangered child” and “ward of the state.”
Attorney Charles P. Rice represents Judah's foster family, and requested documents that should make up part of Judah's DCS case file as part of that lawsuit, which he claimed in later court filings that DCS had failed to provide.
Hendricks County Superior Court Judge Robert Freese then ordered Miller to prove his department was not in contempt, in document filed on Aug. 30. A hearing was scheduled for early September.
By Sept. 6 though, court records show DCS had argued that it was not Miller best suited to prove DCS was not in contempt of court in failing to provide documents, but rather internal affairs officer Christine MacDonald, who they asserted was more closely involved with the production of court-ordered documents.
But attorneys representing Judah's foster family doubled down in a motion filed Tuesday, insisting it should indeed be Miller who should appear in court.
"The buck stops with Director Miller, as he is the person 'responsible for administering the Department of Child Services,'" attorneys wrote in the filing.
While laying out their argument for why it should be Miller tasked with proving lack of contempt on the part of DCS to Judge Freese, attorneys leveraged even more claims of incompetency on the part of DCS.
DCS already conceded they were out of compliance in a filing on Sept. 9, 2023, in which DCS allegedly notified the court that nearly "17,000 previously unproduced emails" were found in connection to Judah's case, attorneys argued in the filing.
"This is a high-profile case: The torture and death of Judah Morgan shortly after DCS abandoned him to drug addict parents with a disturbing history of domestic instability and abuse. If DCS is unable to account for documents in this case, it calls into question the ability - or desire - of DCS to preserve records in tens of thousands of other cases," attorneys wrote in the filing.
They claim within months of Judah’s death, DCS was served with a notice from Judah's estate that should have prompted a litigation hold, or internal preservation order. Attorneys argued it was never made.
Beyond records, attorneys allege DCS admitted "it can’t find" the filing accuses, the department also failed to produce the following documents:
Text messages: "Records produced so far by DCS indicate that a large amount of communication was made by DCS employees via text. None of the records produced by DCS include text messages from DCS employees cell phones. Indeed, the subpoena to DCS specifically called out text messages, but the DCS response to-date omits any discussion of efforts to search or produce these records. "Given the nature of this case, these missing text messages of DCS employees will be crucial evidence."
Voicemails: "A number of documents produced by DCS refer to voicemails; however, no voicemails have been produced."
Photos: "No photos have been produced in native format, only PDF, which hides the properties of the photos."
Missing records: DCS Policy requires, attorneys said, documentation of weekly face-to-face meetings by DCS and Judah Morgan - and his siblings - during Temporary Home Visits.
"While sporadic records of some home visits in 2021 have been produced, weekly records of in-person visits have not been produced," the filing read.
Biological parent drug screen records: "Records of weekly drug screens for Alan Morgan and Mary Yoder since November 2020 have not been produced. No records have been produced of DCS vetting or interviews of the person identified by Mary Yoder as her “sober/alternative caregiver” in the June 24, 2021 discharge plan.
No records have been produced regarding the arranged counseling for Mary Yoder during 2021.
No records have been produced regarding counseling, therapy, drug rehabilitation or psychological assessment for Alan Morgan for 2019, 2020 or 2021."
Judge Reese agreed that Miller should prove his department is not in contempt of court. Miller will now appear in court on Sept. 25, 2023, at 1 p.m.
On Aug. 16, Miller was named, alongside Gov. Eric Holcomb, in a class-action lawsuit filed in U.S. District Court for the Northern District of Indiana.
It accused Holcomb of violating the rights of abused and neglected children by failing to address persistent, ongoing issues within Indiana’s welfare system. Issues within DCS that contributed to the further trauma of children, the class action suit contended, were well known among local and federal officials for years.
The suit similarly leveraged accusations against Miller and DCS of failing in their constitutional duty to protect children in the care of the state.
“The very system that was designed to protect foster children often compounds their trauma and causes lifelong harm,” the complaint says. “By failing to provide the children in its custody with reasonable care and safety, Indiana violates those children’s rights under the U.S. Constitution and federal law.”
Miller was appointed as DCS director by Holcomb in May 2023.
The Department of Child Services did not immediately respond to 13News' request for comment.
MORE ON JUDAH MORGAN'S CASE