CLARK COUNTY, IND. (WDRB) — Indiana has historically ranked among the top states in the country for removing children from their homes. In Clark County, more than 200 child welfare cases are currently open, many involving parents struggling with drug or alcohol addiction.
Some of those parents are referred to Family Recovery Court, where treatment is combined with regular court supervision as they work to regain custody of their children.
Clark County Judge Lisa Reger said families first meet her after a child has been removed from the home.
"So the way they meet me first is I take their babies away," Reger said. "...They do not like me. And I don't blame them. It's a hard decision to make."
One of those parents was Holly Hays, who said she knew the danger long before anyone stepped in. Hays was addicted to fentanyl while pregnant with her son and knew he couldn't safely stay in her care.
"Because I knew it wasn't safe," Hays said. "...I knew that when I was pregnant. I knew that when he was born, I was terrified every day."
When the court ordered her baby into the custody of her parents, Hays said she almost felt relief, because deep down, she believed her son would be safer without her.
That's when Hays entered Family Recovery Court.
Hays said the first part of the program was the hardest. She was expected to attend therapy, stay sober and work on becoming a better mother while regularly reporting back to the court. She said nearly every part of her recovery was being monitored.
"I honestly contemplated jail, and I'd never been arrested before," Hays said. "...I was like, 'You know what? This might be worth it.' But instead I went to treatment, still did not get sober."
Week after week, Hays walked through that same courtroom door. And week after week, Reger watched, sometimes unsure whether Hays would survive long enough to return.
"I thought she was going to die," Reger said. "I just saw her in court. I would say a little prayer that, 'Please let her be here next week,' because during the time she was in Family Recovery Court, we had a huge issue with xylazine being in the fentanyl, and Narcan doesn't work."
Reger said Family Recovery Court has been studied by Indiana University. She said participation has increased by about 60% as more families have entered the program.
"I believe they're lifesaving courts," Reger said. "And I'm not saying it's me, that I do anything. I have the least amount of impact. The case managers, the therapists, the treatment providers, they're the ones that really have the boots on the ground and they're doing all the work."
Now, Hays is sober, married and has graduated from the program.
Reger said the court gives families an opportunity to address addiction while working toward reunification.
"They deserve a chance," Reger said. "These kids deserve a chance, and these families deserve a chance."
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