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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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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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