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Mark Siliven, et al v. Indiana Department of Child Services, et al

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ARGUED JANUARY 21, 2011

Before FLAUM, MANION, and EVANS, Circuit Judges.

In January 2008, Teresa Siliven discovered bruises on her then-two-year-old son C.S.’s arm a few hours after picking him up from daycare at the home of Ashley Woods. Teresa’s husband Mark told her that he did not know how C.S. had gotten the bruises. The Silivens filed a child abuse report with the police. The case was referred to the Indiana Department of Child Services (“DCS”), and assigned to case manager Amber Luedike. Towards the end of an eight-day investigation into both Woods and the Silivens, Luedike discovered a DCS file indicating that Mark had been accused of child abuse by his then-fifteen-year-old step-daughter in 2003. The day after Luedike discovered the report, she and Terry Suttle, the director of the Wayne County DCS, decided to remove C.S. from the Siliven home. They did not obtain a court order as it was Friday afternoon, and they did not believe there was adequate time to do so. Instead of putting C.S. in foster care, Luedike and Suttle ultimately arranged to have Teresa take C.S. to his grandmother’s house in Ohio. A detention hearing was held the following Monday, after which the court concluded that no probable cause existed at that time to believe that C.S.’s physical health was seriously endangered. The Silivens were permitted to take C.S. home. Soon thereafter, the investigation was closed.

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