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Counties must pay for juvenile facilities

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Juvenile Justice

Indiana counties are responsible to pay a portion of costs to operate juvenile detention facilities, the Indiana Court of Appeals decided June 13.

The appellate court reached that decision in Marion County and St. Joseph County, Indiana v. State of Indiana, et al., No. 73A01-0705-CV-238, affirming summary judgment in favor of the state.

Marion and St. Joseph counties filed a lawsuit seeking relief from their debts to the state for costs of operating juvenile detention facilities after the state attempted to collect arrearages from the counties. The two counties - which owed a total of $75 million - sought declaratory and injunctive relief and restitution on all of their payments since 1995.

They claimed Article 9, Section 2 of the Indiana Constitution requires the state to pay the total cost of operation. The appellate judges examined Article 9, which states, “The General Assembly shall provide institutions for the correction and reformation of juvenile offenders.” The text of this article doesn’t specify how the General Assembly will determine the method of funding, wrote Judge Melissa May.

The counties failed to show whether requiring them to share in the costs of operating the facilities is unconstitutional.

The counties argued Indiana Code only allowed the state to charge them for expenses incurred by the Plainfield Juvenile Correctional Facility and the Indianapolis Juvenile Correctional Facility, and that all accounts submitted since 1995 are invalid because they didn’t comply with requirements under Indiana Code.

If the counties are constitutionally required to pay, the counties argued, they are only liable for expenses from the Plainfield and Indianapolis correctional facilities because they are the ones mentioned in the statute. In 2005, the specific references to those facilities were removed and replaced with a general reference to the DOC.

The Court of Appeals found the counties’ interpretation of Indiana Code Sections 4-24-7-2 and 11-10-2-3 would lead to an absurd and unjust result because the General Assembly always intended for counties to bear part of the costs of the entire state system.

The DOC has the authority to determine which facilities to operate and where to assign juveniles, so it no longer made sense for the General Assembly to identify specific facilities in the statutes, Judge May wrote. As such, the DOC has the authority to charge the counties for expenses incurred at all facilities.

Indiana Code Section 4-24-7-2 outlines the collection procedures for juvenile accounts, which include signature and attestation requirements. The state didn’t comply with these procedures, which the counties believe led the state to overcharge them.

The appellate judges agreed with the trial court that the alleged overcharges aren’t sufficiently connected with the state’s failure to follow the signature and seal requirements of Indiana Code, Judge May wrote, and the DOC’s billing procedure sufficiently fulfilled the purpose of I.C. Section 4-24-7-2.

The state countered that the counties lacked standing and their suit was barred by the statute of limitations and doctrines of laches; the Court of Appeals disagreed, yet affirmed the trial court’s decision on the merits of the counties' claims.

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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