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Financial picture worsens for Marion County courts

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shortfall-factbox.jpgIndianapolis’ court system is used to making do with less, chipping away so far this year at a deficit of more than $2.6 million. Next year, money is expected to be substantially tighter.

“Ballpark … we’re looking at about $4.6 million in terms of shortfall” in the 2015 budget, said Sue Patterson, director of finance for Marion Superior Courts.

Some of the factors that will impact court funding in Marion County next year are likely to be felt in court systems around the state. An additional payroll period falls next year, health care costs are projected to rise, and probation officers are scheduled to receive a 2.2 percent salary increase.

Patterson and Marion Superior judges have been outspoken about needs they say that aren’t being met. The county’s probation department, for instance, addressed being shortchanged about $700,000 this year by simply not filling a couple dozen open positions in the department staff of roughly 200.

The courts also routinely deal with persistent shortfalls to support guardians ad litem appointed to represent juveniles in child in need of services cases.

“We’re seeing an increase in CHINS cases and an increase in criminal filings,” said Marion Superior Judge Heather Welch. At the same time, “Revenues in general are decreasing.”
 

welch-heather-2014mug Welch

Welch chairs the Marion Superior budget committee formed last year as the courts sought to find ways to save money and make their case amid chronic underfunding from state and local sources. The panel consists of eight judges and Patterson to ensure input from those with experience across all areas of court operations.

“One of the most important reasons we (formed the committee) is to develop a process that identifies the high priorities to be funded,” Welch said. “That’s our responsibility to taxpayers as elected officials.”

The courts received some good news June 23 from the City-County Council of Indianapolis and Marion County, which appropriated $900,000 to close the funding gap for guardians ad litem. But the money is only projected to last until September, when the courts will likely have to return to seek another appropriation.

Patterson had warned judges during prior meetings of the Marion Superior Executive Committee that budgeted funding for guardians ad litem would be exhausted in the summer without some relief.

“This funding crisis has been around for a while and they have been spending down their reserves,” said Democratic City-County Councilman Joe Simpson, who sits on the Public Safety and Criminal Justice Committee. “Now they’re at the point where they won’t have any reserves.”

Simpson said the county needs to find a dedicated source of funding to support a worthy program.

Republican City-County Councilwoman Marilyn Pfisterer co-sponsored the increase for guardians ad litem. A former court-appointed special advocate, she said “there needs to be a stable source of funding and something that the system can depend on year to year.

“It has been a chronic situation that the guardian ad litem (program) does have a shortfall just about every year that I can remember,” Pfisterer said.

Guardian ad litem boost?

The cost of paying for guardians ad litem in CHINS cases is supposed to be shared between the state and county, but counties complain they’re picking up a greater share of the cost.

Leslie Dunn, director of the Indiana Office of Guardian Ad Litem/Court Appointed Special Advocates, said the office is performing a statewide needs assessment with the intent to go to the Legislature next year and seek an increase in the roughly $2.9 million in state funding budgeted annually for GALs.

“We want to make sure we’re not asking for too much or asking for too little,” Dunn said.

Marion County typically receives about 20 to 25 percent of the state funding for services, proportional to the number of children served. But Patterson said the state’s share only covers about 16 percent of the total cost to serve children in abuse and neglect cases, leaving the county to pick up the remainder.

Counties have little choice after the Court of Appeals’ 2009 ruling, In the Matters of N.S. & J.M. v. T.S. and S.B., and C.L. and B.M., 908 N.E. 2d 1176. There, the court concluded that under state law, “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.”

But I.C. 33-24-6-4 spells out a funding role for the Legislature if it so chooses, along with a local match from counties receiving the funding.

While the Court of Appeals decision put the onus for funding on counties, it also established the right of every child to representation in a CHINS case, said Cindy Booth, executive director of Child Advocates Inc., which provides GAL/CASA services in Marion County courts.

“Even though we use volunteers, we have to have staff to manage the volunteers, recruit them, provide office space and so on,” Booth said. “If there is such a gap, the county must fund.”

The average cost per GAL case is about $628, Booth said, and the state hasn’t increased funding since 2007. That’s resulted in rising costs for Marion County.

While court officials must return to the City-County Council periodically for additional sums to make sure children in abuse and neglect cases have a voice in court, Booth said the money has always been approved. “For some reason the controller for the county has not appropriated enough money from the beginning,” she said, even though costs could likely be estimated to within about $50,000.

Still, she said, “Marion County has been very responsive and very responsible to make sure every child has an advocate in every case.”

But some counties have significant waiting lists, Dunn said – Madison, St. Joseph and Vanderburgh among the largest. That’s why she’s asking program directors around the state who operate on shoestring budgets to assess their needs to make the case for more state funding. That would alleviate the pressure on counties feeling the strain while making sure children are represented.

“We are looking at, right now, what would it take to serve all the children across the state,” Dunn said.•

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  • Child Advocates do not help the children!
    Child Advocates profited over 6 million last year alone. They are bullies & do not act in children's best interests but rather their own. They placed my children full time with their unlicensed alcoholic father despite recommendations for over 5 yrs. Meanwhile my children have medical conditions left untreated living with their father and their education has suffered greatly. Get these people terminated!!!
  • Ask
    Ask Spicoli over at SmackedForum. He should know the situation really well. Then when you see what he has to say about citizens of Indiana you might think twice about who you elect in the Superior Courts.

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    1. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

    2. GMA Ranger, I, too, was warned against posting on how the Ind govt was attempting to destroy me professionally, and visit great costs and even destitution upon my family through their processing. No doubt the discussion in Indy today is likely how to ban me from this site (I expect I soon will be), just as they have banned me from emailing them at the BLE and Office of Bar Admission and ADA coordinator -- or, if that fails, whether they can file a complaint against my Kansas or SCOTUS law license for telling just how they operate and offering all of my files over the past decade to any of good will. The elitist insiders running the Hoosier social control mechanisms realize that knowledge and a unified response will be the end of their unjust reign. They fear exposure and accountability. I was banned for life from the Indiana bar for questioning government processing, that is, for being a whistleblower. Hoosier whistleblowers suffer much. I have no doubt, Gma Ranger, of what you report. They fear us, but realize as long as they keep us in fear of them, they can control us. Kinda like the kids' show Ants. Tyrannical governments the world over are being shaken by empowered citizens. Hoosiers dealing with The Capitol are often dealing with tyranny. Time to rise up: https://www.theguardian.com/technology/2017/jan/17/governments-struggling-to-retain-trust-of-citizens-global-survey-finds Back to the Founders! MAGA!

    3. Science is showing us the root of addiction is the lack of connection (with people). Criminalizing people who are lonely is a gross misinterpretation of what data is revealing and the approach we must take to combat mental health. Harsher crimes from drug dealers? where there is a demand there is a market, so make it legal and encourage these citizens to be functioning members of a society with competitive market opportunities. Legalize are "drugs" and quit wasting tax payer dollars on frivolous incarceration. The system is destroying lives and doing it in the name of privatized profits. To demonize loneliness and destroy lives in the land of opportunity is not freedom.

    4. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

    5. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

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