ILNews

Court erred in ordering DCS to pay costs

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The Indiana Department of Child Services isn't responsible for the costs of a minor's secure detention because it never entered into a written agreement with the juvenile court to cover the costs, the Indiana Court of Appeals ruled today.

In In Re the Matter of M.W., A Child Alleged to be a Delinquent Child; Indiana Department of Child Services v. Hendricks County, No. 32A01-0905-JV-259, the DCS contested the trial court order it had to pay for M.W.'s secure detention and weekly child support while she was incarcerated in the Department of Correction. M.W. was living with her foster parents at the time of her arrest on possession of a stolen vehicle and operating while never licensed. M.W.'s DCS case manager, Kyla Rogers, admitted to being responsible for the girl and recommended she be detained in the Department of Correction instead of returning home with her foster mother. The trial court ordered her committed and that costs would be paid by the Marion County Department of Child Services at the request of Rogers. At the hearing in which M.W. admitted to the charges, the trial court ordered costs assessed against her and weekly child support to be paid by DCS because it acted in loco parentis.

Under Indiana Code Section 31-40-1-2, which took effect Jan. 1, 2009, DCS isn't responsible for payment of any costs of secure detention except for as provided under Section 2.5. That section requires a written agreement between the director of the department and the judge of the juvenile court that ordered the placement.

Based on the statute, DCS isn't responsible for the costs because it didn't enter into a written agreement, wrote Judge Patricia Riley. Hendricks County argues that Rogers invited the error during the hearing when she agreed to the trial court's inquiry as to whether she wanted M.W. placed in the DOC. The Court of Appeals rejected the argument because the exchange between Rogers and the trial court showed she believed M.W. should be placed in the correction facility until a more appropriate secure placement could be obtained. The record failed to show Rogers clearly intended for DCS to shoulder the costs of placement, wrote the judge. The Hendricks County director of probation even informed the trial court that DCS couldn't pay for her detention under the new law.

The trial court also erred in finding DCS acted in loco parentis. Citing In Re the Marriage of Snow v. England, 862 N.E.2d 664 667 (Ind. 2007), the appellate court reiterated that it would be difficult to envision burdening the DCS as an institution with a child support obligation. It that ruling, the Indiana Supreme Court wrote Indiana policy disfavors entering a support order against adults who are not natural parents and it doesn't make sense to require support from someone whose status is temporary in nature.

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  1. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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