Like many parents in Indiana, Mark McGaha had issues with the way the Department of Child Protective Service handled his Child In Need Of Services Case(CHINS). Unlike many of them though, he wanted to be heard despite fears of retaliation. So Mark agreed to participate in an interview with WXIN in Indianapolis as part of a larger interview with members of a DCS reformers group called HonkForKids.
On March 6th, he participated along with six others in an interview that complained chiefly about the lack of accountability, abuses, and negligence within the DCS system. They were all told that the following Thursday would have the channel airing their story, and that it was centered around having an Ombudsmen system put in place to monitor DCS.
The article was run on the date in question, but with several key changes, the most noticeable being the fact that Mr. McGha's face and story were completely blocked out. Mr.. McGaha was informed by the station that Fountain County Judge, Susan Orr Henderson, issued a restraining order barring the station from airing his complaints or even showing his face.
When questioned, Gavin Maliska, news director at WXIN, said station officials had received an order on the story the day it was to air requesting Mr. McGaha's story be blocked out. Mr. Maliska discussed challenging the order, but decided McGaha's contributions weren't essential to the story.
Henry Karlson, a professor at Indiana University School of Law-Indianapolis, called Judge Susan Orr Henderson's action unconstitutional and said it "borders on judicial misconduct." "Quite simply, a judge does not have the authority to stop the press from publishing or airing a story," said Henry Karlson, "Any person has a right to contact the press and say a public agency is not treating them right." He also went on to say the judge's action amounted to "prior restraint," or government censorship, which is a violation of the First Amendment.
The order said the injunction was issued to protect the best interests of the children. Karlson said that does not provide the constitutional standard for such an order.
This action might have been questioned in court, had the Guardian Ad Litem for the McGaha children, Susan White, a Covington attorney, supplied her motion or even a copy of the issued order to McGaha's Lawyer. Instead, she chose to send the order only to the station. A copy of the order was only obtained by request of McGaha's attorney after Mr. McGaha notified him of it's existence. Ms. White is currently not returning calls regarding the matter.
Mark McGaha, a 37 year old single father and disabled Vet, says he not surprised at their actions. "The whole thing, "he said, "started over missing prescriptions for my special needs kids, and even after I proved myself innocent on that, they just keep coming up with stuff.""Heck, they didn't even wait for the judge's order to seize my kids....they took them(into foster care) three days prior to her signing it."
Then, as he grew more frustrated and began challenging some of the actions of agency caseworkers, McGaha said he was accused of sexually assaulting his children, a charge he denies.
Then, he said, a caseworker threatened to take away his girlfriend's children if she continued to associate with him. McGaha said he has never been charged in connection with any sexual allegations, but DCS continues to make the claim against him, to the point of calling informing another county's DCS Division of their claim. "Basically, I try to do what they ask, and then they make something new up."
I dared to say, 'Hey, wait a minute, this is not right,' " he said,
"and now they are trying to take my kids from me for good."

[link]



----------------
Now playing: The Red Jumpsuit Apparatus - Face Down
via FoxyTunes