Two people accused of running an unlicensed childcare home near Goshen say they’ve agreed to stop operating but deny some of the state’s accusations. A hearing on a request for an injunction was held in Elkhart Superior Court on Thursday.
Witnesses from the Indiana Family and Social Services Administration discussed going with police to execute a search warrant at what they described as a “small ranch home” on County Road 42 on June 1.
One recalled going into a dark basement, and when an officer turned on the lights, finding a “huge amount” of kids. FSSA representatives said other children were found upstairs, including three infants in closets. In all, they said 86 kids were found in the house. They said they also found apparent payment information, schedules, attendance lists and other documentation.
The defendants, representing themselves, said they’re willing to shut down, but said they’re not the “horrific people” the FSSA made them out to be.
One said the June 1 visit happened to coincide with a party that was taking place for 15 to 17 school-age children. While other children were present, she said she doubted the state’s figure of 86. She said that more adults had been there, but they had temporarily left to get lunch or go to other appointments. She denied putting children in closets and said she had no idea why they were there.
The defendants also denied that they’d gotten cease and desist letters before the search, and said they attempted to ask FSSA officials how to get in compliance. They also complained that the court was not made aware of other inspections in which they were found to be compliant with state laws.
They said there were other witnesses willing to testify in their defense, but they hadn’t been aware that witness testimony would be taking place at Thursday’s hearing. They said they found out about the hearing from the state’s MyCase platform, after seeing posts on Facebook.
Since the facility is reportedly no longer operating, the judge said the need for an injunction isn’t as time sensitive. He gave both sides until July 9 to send proposed orders, including findings of fact and conclusions of law, before he decides on a preliminary injunction.
