ANDERSON — The Indiana Department of Child Services is coming under increasing pressure from Harlan Haines’ family and Madison County officials who charge the agency failed to protect the child.
“This is one of the most horrendous deaths of a baby under DCS care in Indiana’s history,” Robert Summerfield said Wednesday.
Summerfield is an Anderson attorney representing Harlan’s father, Jackie Lee Haines III, and an uncle, Michael McKnight. Both have filed legal claims against the department.
Summerfield and Madison County Prosecutor Rodney Cummings say if DCS caseworkers had done their job on Dec. 27, when Harlan was treated by doctors at Peyton Manning Children’s Hospital in Indianapolis, he would be alive today.
Those doctors told DCS officials Harlan had a spiral fracture of the fibula of one leg in addition to other injuries, Cummings said Wednesday.
Harlan’s mother, Jennifer Harris, reportedly told them a Christmas tree had fallen on the child. But her statements were not consistent with the injuries, according to Cummings.
DCS officials “chose not to call police and report it,” Cummings said. “That, I think, was a mistake. They chose to give the child back to the mother over the objections of doctors and family.”
The department also never followed-up by making a home visit, according to Cummings and Summerfield.
“There were multiple opportunities for DCS to do their job, and it just didn’t happen,” the prosecutor added.
McKnight, himself a DCS caseworker in Grant County, asked for Harlan to be placed with him and his wife, Summerfield said. Their request was denied. After Harlan’s death in February, McKnight claims he was fired by DCS Director Terry Stigdon.
“It’s just an epic DCS failure, and they know it,” Summerfield said. “They didn’t do their job and are in damage control.”
Citing confidentiality, DCS spokeswoman Erin Murphy declined to comment specifically about Harlan’s death or the allegations raised by Cummings and Summerfield, but issued a statement:
“It is heartbreaking any time there is a death of a child . . . but DCS investigates every case to the best of their ability with the information they have on hand. DCS staff are passionate about their jobs and do everything in their power to keep our most vulnerable safe.”
Harris and her former live-in boyfriend, Dylan T. Tate, are being held in the Madison County Jail on $35,000 full cash bond each.
Harris was formally charged and pleaded not guilty to Level 1 felony neglect of a dependent Tuesday; Tate pleaded not guilty to felony neglect last Thursday.
Tate’s mother, other family and supporters observed the court hearing. They said news coverage about the allegations against Tate was nothing but lies.
“He was trying to save that baby,” said one man.
After a car accident early the morning of Feb. 23, Tate brought Harlan to the emergency room at Community Hospital, according to a probable cause affidavit
On arrival, the child wasn’t breathing and his heart had stopped. In addition, police allege there were signs of severe physical abuse that were not consistent with a car accident.
Haines died later that day at Indiana University Health Riley Hospital For Children in Indianapolis.
Tate told authorities he’d woken up early that morning to get a drink of water, found Harlan struggling to breath and rushed him to the hospital. Investigators were troubled when Tate was unable to explain Harlan’s extensive physical injuries.
In her interviews with police, Harris maintained the only injury she observed was a small bruise on Harlan’s head, according to a probable cause affidavit filed in the case.
While both Tate and Harris are being held on neglect of a dependent, police are continuing to investigate the possibility of sexual assault and homicide, Cummings said.