Daniels accepts resignation of state's Department of Child Services director

“I have accepted the resignation of Judge Jim Payne as director of the Department of Child Services. I respect his view that his family be spared further harsh criticism, and that a difficult personal dispute, not of his own making, could be misused by those with political or special interest agendas to falsely disparage the excellent work he and his DCS co-workers have done over the last eight years.

“The leading national authorities are unanimous in praising Indiana's improvements in child protection, often labeled 'worst to first,’ during Jim Payne's tenure," Daniels continued. "In the most recent measurements year, the number of fatalities among children under DCS oversight fell to four, an all-time low.

"Attacks on his record have ranged from innocently ignorant to despicably political and self-interested. His resignation does not alter the plain truth that thousands of Indiana children are better off, and many are alive only because of the passionate and devoted leadership of this fine public servant.”

Gov. Daniels has asked DCS Chief of Staff John Ryan to serve as director of the department. He has agreed to assume the responsibilities, effective immediately.

Payne, a former Marion County juvenile court judge, has headed the DCS since its creation in 2005. Daniels appointed him to the cabinet-level post in an effort to turn around the long-troubled child welfare program.

The Star article alleges that Payne may have violated his agency's code of conduct through his involvement in a child neglect case involving his own grandchildren. The case stems from a 2009 divorce between Heather Payne and John Payne, the director's son. The mother received custody of the four children (two fathered by John Payne). John Payne later alleged child neglect on the part of his ex-wife. In 2010, the children were taken into protective custody by DCS and soon placed with their grandparents, James Payne and his wife. Serveral months later, the children were returned to Heather Payne by DCS.

In response to the Star article, John Gregg, Democrat candidate for governor, issued a statement Sunday afternoon (Sept. 23) calling for Payne's immediate resignation.

It read as follows:

“I have been speaking out for months about our Department of Child Services, which we all know is broken. The first thing I will do as governor is start to fix it. In February of this year, I wrote a letter to the editor saying that the department needed to be fixed, and that started with removing Judge Payne as Director. In July of this year, I released my plan for fixing DCS by creating the Office of the Child Advocate, re-instituting preventative mental health care and promoting adoption throughout the state. Again, I called for Judge Payne’s removal.”

“Let me be clear. Judge Payne needs to be removed from his position today. The well being of our children cannot wait until a new administration takes over in January. I am calling on Gov. Daniels to ask for Judge Payne’s immediate resignation.”

Later on Monday afternoon, Mike Pence, Republican candidate for governor, issued the following statement on Payne's resignation:

"I defer entirely to Governor Daniels' judgment in accepting the resignation of Judge Payne. The present controversy aside, I believe Judge Payne's tenure as director of the Department of Child Services has contributed significantly to the health, safety and welfare of children in Indiana."