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Adoptive parent likens DCS to deadbeat parents

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A woman who adopted three special-needs foster children said Monday the state’s failure to provided promised adoption subsidies made the Department of Child Services “basically deadbeat parents.”  

Debra Moss is the lead plaintiff in a class-action lawsuit filed earlier this month against DCS claiming that more than 1,400 Hoosier families that adopted special-needs children from the foster care system have been denied the adoption subsidies at the same time DCS was returning hundreds of millions of dollars to the state.

The suit claims the state owes parents more than $100 million.

Moss spoke at a news conference Monday at the office of Cohen & Malad P.C., the Indianapolis law firm that filed the complaint. A LaPorte County mother who adopted three brothers, Moss said she cares for the children on her Social Security income and that the subsidy – about $18 per day per child -- would allow her to better meet the boys’ needs.

Moss said it was “heartbreaking” that DCS had returned money to state coffers since the subsidy payments stopped being made in 2009.

“How is DCS any different from the birth families they had to be taken away from” for failing to support the children, Moss questioned.

In 2009, DCS assumed responsibility for making the payments from counties that had done so previously. The department placed families on an adoption subsidy waiting list that said subsidies would be provided “if funding becomes available.” From 2009 and 2013, DCS returned more than $236 million to the state, according to the suit.

Attorneys said Indiana appears to be the only state that isn’t making payments to families as an incentive to adopt children from the foster care system. Cohen & Malad managing partner Irwin Levin said while Indiana claims a budget surplus, “they’re creating this surplus on the backs of these kids.”

At the same time, keeping children in the foster care system is costing the state more -- $25 per child or more, compared with the subsidy that’s capped at 75 percent of the state’s care costs.

Attorneys also suggested the state’s failure to pay the subsidy is a factor in the adoption rate in Indiana plunging by 35 percent since 2009.

“DCS’s broken promises to pay caretakers who agreed to adopt special needs kids puts these kids at a horrible disadvantage. The lawsuit will hold DCS accountable and require DCS to follow through with its promises to these kids and their families,” said Lynn Toops of Cohen & Malad.

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  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

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