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DCS seeks stay on rate-cut injunction

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Indiana Lawyer Rehearing

The Department of Child Services wants a federal judge to stay the preliminary injunction preventing it from cut ting reimbursement rates, arguing the results of the injunction will be detrimental to children receiving services.

The attorney general on March 5 filed a brief on behalf of DCS, asking U.S. District Court Judge Sarah Evans Barker to hold off on enforcing the injunction granted in January pending the outcome of the DCS appeal to the 7th Circuit Court of Appeals. That injunction in the combined case of C.H., et al., v. James W. Payne, et al., No. 1:09-CV-1574, blocked the state agency's 2010 rate cuts to residential child-care agencies and parents of foster and adoptive children.

DCS argues that it's likely to succeed in the 7th Circuit on the merits, and the agency would be irreparably harmed if it's required to make payments that are later determined not to be required by Title IV-E. The agency also claims the stay won't substantially injure the other parties, and that it's in the public's interest. DCS claims that the court has effectively replaced the agency and director James Payne as the administrator of child services programs in the state by directing the allocation of resources available for services. The agency is in the best position and is best qualified to administer the state's child welfare system to the maximum benefit of Indiana's children, according to the brief.

This rate issue came up in legislation and would have required the DCS to adopt rules about their yearly reimbursement rates, but a conference committee stripped that language from SB 149 in part because of this ongoing litigation. In the end, the legislature failed to act on the measure at all before adjourning March 13.

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  1. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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