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. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. 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???

  4. 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

  5. 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

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