HAMILTON COUNTY

Carmel woman sues DCS employee for $5 million

Marisa Kwiatkowski
marisa.kwiatkowski@indystar.com

A Carmel woman is suing a Department of Child Services worker for $5 million, claiming the state employee lied under oath during a case about suspected child abuse.

In her lawsuit, Taylor Bell argues that DCS family case manager Marshall Despain caused “irreparable harm” when he told a magistrate he did not have medical records about Bell’s 2-year-old son.

The records would have shown that Despain did not believe Bell was the one who caused her son’s bruises and tear in his mouth, attorney Zaki Ali said. Those injuries prompted DCS to ask Bell to take the child to Riley Hospital for Children at IU Health on Jan. 13.

In those documents, a hospital social worker said officials “could not rule out mom or dad as perpetrators and did not feel comfortable” with the boy going with either parent. Hospital officials said they preferred the boy be placed in foster care pending further investigation.

Instead, Despain allowed the 2-year-old to go home with his father. Two days later, Magistrate Todd Ruetz accepted DCS’ recommendation that the toddler remain there.

During that hearing, Despain was asked whether he could provide the names of any individuals he consulted at the hospital.

“At the hospital, no,” Despain replied, according to a court transcript. “That would be part of the medical records, which we did request, but we do not have at this time.”

Emails and faxed documents obtained by The Indianapolis Star indicate that Despain had copies of the boy’s medical records at least a day and a half before that Jan. 16 hearing in Hamilton Superior Court. Despain forwarded copies of the records on Jan. 14 to an officer in the Indianapolis Metropolitan Police Department, email records show.

DCS officials previously told The Star they had investigated Despain’s conduct and determined he had been truthful in court. On Wednesday, DCS spokesman James Wide said he could not comment on pending litigation.

Bell said her son has suffered “multiple unexplained injuries” in the eight months since he was taken from her home. Attorney Dorothy Ferguson, who represents Bell in the lawsuit, said DCS has not addressed those injuries.

Ali said Bell may pursue legal action against DCS and other individuals involved in her case.

“Other people should be concerned because all the things that are happening to my client could potentially happen to them and their children,” Ali said. “Everything should be done with the child’s best interest. When we look at this case and its merits — or lack thereof — this hasn’t been in the child’s best interest.”

Call Star reporter Marisa Kwiatkowski at (317) 444-6135. Follow her on Twitter: @IndyMarisaK.