Court: counties responsible for GAL, CASA fees

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In a significant opinion about the funding of child welfare cases, the Indiana Court of Appeals ruled today that any guardian ad litem or Child Appointed Special Advocate fees associated with a child in need of services case must be paid by the county and not the state agency that lawmakers gave more oversight power to in the past year.

The unanimous ruling came in a consolidated appeal of In the Matters of N.S. and J.M.: Indiana Department of Child Services v. T.S. and S.B., and C.L., and B.M., No. 32A05-0902-JV-78. The case involves two separate CHINS cases ruled on earlier this year in Hendricks Circuit Court. Judge J.V. Boles, in separate decisions, determined both children were considered CHINS, appointed a GAL for each, and then ordered the state agency to pay a preliminary GAL fee of $300 in each case. The DCS appealed, and the cases were consolidated on appeal because both involved a similar question of law.

In its 13-page decision, the three-judge panel examined the 2008-passed changes in H.E.A. 1001 for how child welfare and juvenile justice cases are funded - mainly shifting the financial burdens from the local to state level in exchange for more influence by the DCS in recommending services. Under HEA 1001, if a trial court disregards a DCS recommendation and orders services or placements other than what's recommended, then the county fiscal body may become responsible for funding ordered by the local judge. However, the new statutory provisions do not specifically detail whether the state or country must pay fees related to GALs or CASAs - particularly in a case such as this where the appointments were uncontested.

The panel found nothing in Indiana Code Section 31-40-3-2 appears to contemplate the possibility that DCS should bear the burden of paying those fees, and the General Assembly didn't amend that statute to shift those costs. The panel also noted that Indiana Code Section 33-24-6-4 provides for optional state matching funds for GAL and CASA programs, indicating intent for the counties to bear the burden of costs ordered.

The court declined to decide whether those GAL or CASA services must be approved or recommended by the DCS before the state pays anything under IC Section 31-40-1-2 because the previous findings resolve the issues in this case.

"In addition, we recognize the distinct roles of each of our three branches of government and thus leave to the legislative branch the question of whether, in light of the trend toward State funding of child welfare costs, the costs associated with GALs and CASAs should be shifted to the State," the court wrote. "Under our current statutory scheme, however, it is clear that the burden of paying for services rendered by GALs or CASAs should be attributed to and paid for by the county."

The trial judgment is reversed and remanded for further proceedings.


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  1. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  4. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  5. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.