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Court: counties responsible for GAL, CASA fees

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In a significant opinion about the funding of child welfare cases, the Indiana Court of Appeals ruled today that any guardian ad litem or Child Appointed Special Advocate fees associated with a child in need of services case must be paid by the county and not the state agency that lawmakers gave more oversight power to in the past year.

The unanimous ruling came in a consolidated appeal of In the Matters of N.S. and J.M.: Indiana Department of Child Services v. T.S. and S.B., and C.L., and B.M., No. 32A05-0902-JV-78. The case involves two separate CHINS cases ruled on earlier this year in Hendricks Circuit Court. Judge J.V. Boles, in separate decisions, determined both children were considered CHINS, appointed a GAL for each, and then ordered the state agency to pay a preliminary GAL fee of $300 in each case. The DCS appealed, and the cases were consolidated on appeal because both involved a similar question of law.

In its 13-page decision, the three-judge panel examined the 2008-passed changes in H.E.A. 1001 for how child welfare and juvenile justice cases are funded - mainly shifting the financial burdens from the local to state level in exchange for more influence by the DCS in recommending services. Under HEA 1001, if a trial court disregards a DCS recommendation and orders services or placements other than what's recommended, then the county fiscal body may become responsible for funding ordered by the local judge. However, the new statutory provisions do not specifically detail whether the state or country must pay fees related to GALs or CASAs - particularly in a case such as this where the appointments were uncontested.

The panel found nothing in Indiana Code Section 31-40-3-2 appears to contemplate the possibility that DCS should bear the burden of paying those fees, and the General Assembly didn't amend that statute to shift those costs. The panel also noted that Indiana Code Section 33-24-6-4 provides for optional state matching funds for GAL and CASA programs, indicating intent for the counties to bear the burden of costs ordered.

The court declined to decide whether those GAL or CASA services must be approved or recommended by the DCS before the state pays anything under IC Section 31-40-1-2 because the previous findings resolve the issues in this case.

"In addition, we recognize the distinct roles of each of our three branches of government and thus leave to the legislative branch the question of whether, in light of the trend toward State funding of child welfare costs, the costs associated with GALs and CASAs should be shifted to the State," the court wrote. "Under our current statutory scheme, however, it is clear that the burden of paying for services rendered by GALs or CASAs should be attributed to and paid for by the county."

The trial judgment is reversed and remanded for further proceedings.

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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