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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. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

  2. @ 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.

  3. 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.

  4. 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.

  5. 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?

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