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Bill seeks to repeal placements statute

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Indiana Lawyer Rehearing

Lawmakers are considering legislation that would repeal a last-minute 2009 special session provision that gave the Indiana Department of Child Services key control in deciding whether juveniles should be placed outside the state.

In October, the interim legislative Commission on Courts expressed frustration that this provision was inserted into a massive budget bill, and members said many lawmakers likely didn't know about or fully understand the measure. Committee members voted to recommend that the Indiana General Assembly repeal that provision.

Co-authored by Rep. Winfield Moses, D-Fort Wayne, and Rep. Linda Lawson, D-Hammond, House Bill 1167 would revise Indiana Code 31-40-1-2(f), removing language that states the DCS is only responsible for paying any costs or expenses for housing or services to a child in a home or facility outside Indiana if the director or director's designee recommends or approves the placement. The state reports that the DCS spent approximately $4.2 million during calendar year 2009 for out-of-state placements, or about $52,000 for each of the 80 children placed in six states last year. A fiscal impact statement dated Dec. 27 says that since the provision took effect July 1, 2009, only two requests have been made for out-of-state placements. Both requests were approved.

If passed, this new law would begin July 1, 2010, one year after the special session change took effect.

Discussion was initially expected Jan. 12 at the House Judiciary meeting, but lawmakers postponed discussion after learning that St. Joseph Superior Judge Peter Nemeth couldn't attend to testify.
 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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