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Firm says DCS misled parents on foster adoption subsidies

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The Indiana Department of Child Services misled parents adopting foster children by falsely claiming the agency lacked resources to provide subsidies while it returned hundreds of millions of dollars to the state, according to the Indianapolis law firm pursuing a class-action suit against DCS.

The agency “admitted they had returned nearly $240 million to the state” while representing to parents no funding was available for subsidies to adopt special-needs foster children, said Cohen & Malad LLP attorney Lynn Toops. She said DCS also admitted adoptions in the state have declined dramatically since 2009, when the state ceased providing the subsidies.

Rich Allen, assistant communications director for DCS, said in an email, “because this is pending litigation, I’m not able to comment.”

Typical subsidies are $19 a day or less per child, negotiated between DCS and parents based on income and other factors.

Toops said the firm estimates DCS owes parents denied subsidies more than $50 million. The suit was filed in June on behalf of 1,400 Hoosier families, and lead plaintiff Debra Moss of LaPorte likened DCS to deadbeat parents.

The situation is creating a hardship for parents, Toops said, and making Indiana a notable outlier in state support for children most in need.

“Indiana has in recent years been very concerned about having a good fiscal picture, having a good surplus,” she said. “By trying to save a buck and not paying these adoption subsidies, it’s actually costing money in the long run.”

The firm cites research by Notre Dame University economist Kasey Buckles showing a sharp reduction in adoptions – from roughly 30 per 100,000 children in 2008 when subsidies were being paid to about 5 per 100,000 children in 2011. Toops said the adoption rate has since declined even further.

Buckles’ research concludes that each adoption of a child from foster care saves the state $200,000 in public benefits.

Josh Kroll, adoption subsidy resource center coordinator for the North American Council on Adoptable Children, said Indiana has a dubious distinction. “It’s the only state that is saying they have insufficient funds for kids that they find eligible and is putting them on a waiting list.”

Gov. Mike Pence last month announced Indiana ended fiscal year 2014 with an operating surplus of $106 million and reserves of $2 billion.
 

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  • Still waiting
    We have been on the waiting list since 2009, i was notified almost 4 months ago that we were going to start receiving payments and we still have received nothing. Every time I call I'm told I just have to wait it's in the lawyers hands. Is everyone else still waiting?

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  1. @ 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.

  2. 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.

  3. 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.

  4. 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?

  5. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

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