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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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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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