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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowA former Indiana Department of Child Services staff attorney has been suspended from the practice of law for forging family case managers’ names to child in need of services petitions while he worked for the state agency.
The Indiana Supreme Court issued a disciplinary order Friday against Robert T. Miller.
According to the court’s order, Miller was a staff attorney for the DCS and worked for the office that covered Newton and Benton Counties. He was responsible for preparing and filing child in need of services, or CHINS, petitions, which have to be verified.
Miller filed 38 CHINS petitions for a year with the signatures of case managers without their knowledge or permission. The petitions were filed between April 2022 and April 2023,
DCS fired Miller after learning of his misconduct.
Brian Heinemann, a DCS spokesperson, told Indiana Lawyer in an email Tuesday, “DCS holds itself and its staff to high standards to keep children safe and to follow the law, and we take appropriate action if we learn those standards have been violated. Robert Miller was terminated due to the actions, which ultimately led to his disciplinary action.”
The Indiana Supreme Court Disciplinary Commission filed its complaint against Miller on July 11.
The parties stipulated in the conditional agreement that there wasn’t evidence that facts alleged in the CHINS petitions were falsified other than the signatures.
“That such misconduct often has been motivated by considerations of expediency rather than selfishness does little to lessen the impact of the deceit upon courts, parties, and public confidence in the legal system,” the high court wrote in its opinion.
The high court wrote that more severe discipline was warranted, but the court considered Miller’s career in public service and lack of prior discipline.
Miller will be suspended for 120 days from practicing law, beginning Oct. 11, with automatic reinstatement once he serves the suspension.
He was also ordered to pay $250 for the cost of the proceeding.
Miller did not respond to Indiana Lawyer’s request for comment.
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Shouldn’t be able to practice law.