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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. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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