The judge dismissed the lawsuit Monday saying the caseworkers don't have the legal right to bring the claim against DCS.

The Indiana Department of Child Services is seeing a higher percentage of its family case managers leave the agency, its director told the DCS Oversight Committee.

Indiana's Department of Child Services caseload is up 26 percent over last year. The state is responding by hiring additional caseworkers.

Gov. Mike Pence says he can't comment on a lawsuit alleging the Department of Child Services is breaking state law by not adhering to guidelines limiting employee caseloads. But, he says he's confident the agency is on solid footing.

Indiana law mandates that DCS must have enough caseworkers so that one employee doesn't supervise more than 17 children at a time. Case manager Mary Price said her caseload is 43 children - too many, she said, to effectively handle.