Foster Care and Firearms law

[jwhites4]

My wife and I are currently in the process of becoming foster parents. There is no clear law on the books, to my knowledge, regarding carrying a handgun while having foster children. Yet, DCS says they have a rule that you can not carry while having foster children in the home. Does anyone have any experience with this? I was under the impression that the law was written so no one could supersede state law, especially a state entity such as DCS. Thanks for any guidance.

 

[IndyTom]

I've seen a few of these about a grandfather in MI who was being forced to choose between his rights and fostering his grandchild. It is messed up.

 

[KittySlayer]

Yet, DCS says they have a rule...

Make them give you a copy of the rule in writing.

Much like the manager of your local store many rules are just made up on the fly because they want to impose their beliefs on others and think being able to tie a tie and wear a Managers badge gives them magic powers.

 

[HoughMade]

Assuming such a rule exists, it would be an interesting research project to determine whether conditioning eligibility as a foster family on foregoing firearms rights. At first blush, it would seem to run afoul of preemption, but making such a determination would take more specifics and actual research.

 

[ATM]

There is no law and no rule. I foster and openly carry in front of DCS employees.

They will either cite the authority of their claim or back down when challenged.

Oh yeah ...challenge everything.

Blessings in your endeavors.

 

[eldirector]

Preemption does not apply to State entities. Only local governments. State departments/boards/commissions/universities can still have rules in addition to State law. Most are defined in AIC.

Here are their rules:
http://www.in.gov/legislative/iac/T04650/A00020.PDF?

(c) Firearms and other weapons:
(1) Foster parents shall be in compliance with state and local laws with regard to firearms.
(2) Firearms, including BB guns and air guns, shall be unloaded and locked up in the foster family home to preventunauthorized use. Ammunition and projectiles,such as arrows, or other items which can be used to make a weapon operable,shall be locked separately from the weapon.
(3) Foster children shall not be given access to firearms or other weapons unless approved by the department for educationalor recreational purposes

 

[Old Dog]

So... DCS has the legal authority to circumvent your constitutional rights? The cited code does not say you cannot carry with a valid permit, it says you must comply with state and local laws and keep weapons out of access to foster children. I would think you could easily comply with those requirements and challenge their statement.

 

[Bigtanker]

We went through this in 2008. I had to buy a seperate safe for my ammo. That was it. We passed the home inspection. I was making sure I was to follow all of the rules so I asked a bunch of questions. Things may have changed since then.

3 weeks later we found out we were having a baby of our own so we didn't finish the entire process.

 

[2A_Tom]

The social worker has the authority of a false god,

To become a social worker you need to study sociogogy in a liberal college.

 

[nobody_special]

All I can say is good luck to you..
DCS can implement any policy they see fit in the best interest of the children they can't implement a policy that only Chevy drivers can be foster parents but they can implement a policy that foster homes have to be smoke free..
My wife and I fostered for St Joe Co DCS for two years hated every minute of it there was so much infighting and it used to be before the internet that the foster parents couldn't be found unless followed but the foster parents names are disclosed to the biological parents and a quick Google and they pretty much got ya.. I think there was a homicide in Lake Co in Gary or near there where the biological parent murdered the foster parents or maybe just shot them and fled with the kids

 

[Robert Richardson]

They say that it's all about the children, yeah right!

 

[2A_Tom]

I have a good friend in illi6 that had their 3 foster kids removed. Long story, basically they are Christian and their social demi-god is anti-Christian.

Their adoption was supposed tobefinal earlier this year, but he blocked it and told the kids he would never let it happen.

 

[ATM]

Update since I posted in this thread 2 weeks ago:

There is a new Foster Parent Safety Agreement Regarding Firearms and Other Weapons which showed up in a packet of applicant/renewal paperwork which I had never seen and certainly never signed before.

It includes the language from 465 IAC 2-1.5-10 as posted above and another new expectation to secure firearms in a vehicle's locked trunk, glove box or other locked box (not applicable to LEO) when traveling with foster children.

I have spoken with two different DCS folks so far and another should be contacting me today.

I will not agree to abide by this new "regulation" as they are calling it ...nor will I drop it.

Will update after next conversation.

 

[Whosyer]

Update since I posted in this thread 2 weeks ago:

There is a new Foster Parent Safety Agreement Regarding Firearms and Other Weapons which showed up in a packet of applicant/renewal paperwork which I had never seen and certainly never signed before.

It includes the language from 465 IAC 2-1.5-10 as posted above and another new expectation to secure firearms in a vehicle's locked trunk, glove box or other locked box (not applicable to LEO) when traveling with foster children.

I have spoken with two different DCS folks so far and another should be contacting me today.

I will not agree to abide by this new "regulation" as they are calling it ...nor will I drop it.

Will update after next conversation.

Did you ever have that conversation ?

 

[ATM]

Did you ever have that conversation ?

Didn't go very far before they dropped it and started ignoring my requests to speak to someone higher.

A newer thread on the topic here: https://www.indianagunowners.com/forums/legislation-2nd-amendment/457259-foster-care-firearms.html