ILNews

DCS sued for cuts to adoption, foster care rates

Jennifer Nelson
January 1, 2009
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Add foster and adoptive parents to the list of people unhappy with the Indiana Department of Child Services for making rate cuts in 2010. Some of those parents filed a class action suit Tuesday in federal court against DCS director James W. Payne in hopes of preventing the cuts.

The foster and adoptive parents are unhappy about a 10 percent cut in all current foster care rates and adoption payments beginning January 2010. The parents received a letter from DCS explaining the cuts, which were a result of analyzing current costs and a comparison of Indiana's foster care rates to those of other states. Because the maximum monthly adoption payments are required by law to be based on a percentage of the applicable foster care per diem rate, the DCS decided to reduce all monthly payments by 10 percent, according to the letter.

The suit filed in the U.S. District Court's Southern District of Indiana, Indianapolis Division, C.H., R.H., D.S., and T.S., on their own behalf and on behalf of those similarly situated, et al., v. James. W. Payne, as director of DCS, No. 1:09-CV-1574, involves four proposed classes: foster parents who receive or will receive foster care maintenance payments from DCS; children in foster care or who will be in foster care, for whom maintenance payments are made or will be made by DCS; adoptive parents who receive adoption assistance payments through DCS; and adoptive children for whom the adoption assistance payments are being made.

The proposed classes, represented by various parents and children, claim the reduction of the maintenance and assistance payments violate Title IV(E), and 42 U.S.C. sections 672(a), 673(a)(3), and 675(4). The plaintiffs argue they didn't consent to the cuts and that they were made solely because of budget concerns and without individual assessments by DCS of the families receiving the payments.

The parents and children, represented by the American Civil Liberties Union of Indiana, also filed a motion for class-action certification. They seek a preliminary and permanent injunction preventing Payne from reducing the payments.

This is the second suit filed this month against DCS and Payne because of cuts to rate payments. On Dec. 14, The Indiana Association of Residential Child Care Agencies filed a suit in Marion Superior Court seeking declaratory and injunctive relief because DCS is cutting reimbursement rates next year to IARCCA members who provide services to abused, neglected, and delinquent children. IARCCA is represented by Baker & Daniels in Indianapolis.
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  1. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  2. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  3. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

  4. Sounds like overkill to me, too. Do the feds not have enough "real" crime to keep them busy?

  5. We live in the world that has become wider in sense of business and competition. Everything went into the Web in addition to the existing physical global challenges in business. I heard that one of the latest innovations is moving to VDR - cloud-based security-protected repositories. Of course virtual data rooms comparison is required if you want to pick up the best one.

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