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. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

  2. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  3. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

  4. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

  5. Great questions to six jurists. The legislature should open a probe to investigate possible government corruption. Cj rush has shown courage as has justice Steven David. Who stands with them?

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