County must pay for parent's appointed attorney

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Noting a paradigm shift in parental rights termination cases due to House Enrolled Act 1001, one Indiana Court of Appeals judge believed the Department of Child Services instead of the counties should be responsible for the costs of appointed counsel in these types of proceedings.

But the majority in In Re The Termination of the Parental Relationship of J.G., a minor child; S.G., mother, and J.G., father, and Indiana Department of Child Services v. S.G., No. 32A04-0902-JV-79, saw nothing in the recent revision of the relevant statutes to suggest the General Assembly intended to shift the burden of costs from counties to the DCS. It reversed a trial court order and remanded for further proceedings.

The DCS was ordered to pay - over the agency's objection - the appointed attorney fees for S.G. in a termination hearing. It argued it's not statutorily required to pay for appointed counsel to represent parents during termination proceedings.

The majority agreed after reviewing Indiana Code Section 31-40-1-2, which changed following the 2008 enactment of HEA 1001 that took effect Jan. 1, 2009. Prior to the passage of HEA 1001, the statute stated counties were responsible for paying for appointed counsel in termination proceedings; the revised statute now says DCS shall pay the cost of any child services provided by or through the department for any child or the child's parent, guardian, or custodian.

Chief Judge John Baker and Melissa May concluded court appointed counsel doesn't constitute "services" within the meaning of the statute, relying on I.C. Section 31-40-1-1.5(c), which defines the term "services."

"Those 'services' include programs and types of assistance traditionally offered and overseen by DCS, and it is easy to see the logic in the General Assembly's decision to assign the cost of those services to DCS," wrote Chief Judge Baker. "Legal services, on the other hand, are not the types of services traditionally administered by DCS for children and parents. It is not evident, therefore, that the General Assembly intended that legal services be included in the above definition of 'services.'"

The majority also found instructive the fact that other parts of the code dealing with court appointed attorneys places the burden of paying on counties. It also noted unlike the statute dictating DCS pay for costs associated with guardians ad litem and court appointed special advocates, there's no explicit language in the statute to dictate that DCS pay for appointed counsel in termination hearings.

Judge Paul Barnes emphatically dissented, believing HEA 1001 shifted the costs under I.C. Section 31-40-1-2 to DCS.

"If we, as a State and a society, truly believe in the best interests of children and that the proper and appropriate care for them is a priority, we must then, in my opinion, assure that before they are taken from their families, these statutes are strictly followed and the DCS is put to its proof," he wrote.

The judge rejected DCS's argument that paying for appointed counsel for parents will "severely hinder" its goal of protecting children. He considered the appointment of counsel to be child services provided through DCS and that the agency must pay the cost of that service unless an exception applies.

"Because the DCS decides when to seek a termination, it should bear the cost of defending that decision," he wrote. "To heap the cost of these actions on the coffers of already cash-strapped counties is, in my mind, courting a legal and practical disaster."


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  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.