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DCS settles final issue stemming from 2009 suit over rate cuts

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The Indiana Department of Child Services announced Tuesday that is has reached a legal settlement with IARCCA, an Association of Children & Family Services, over rates paid to cover additional staffing costs and cost-of-living expenses to residential facilities and foster care agencies that serve abused and neglected children.

The settlement says that DCS will primarily adjust cost-of-living rates to providers and pay for additional staff per child with providers. According to a statement released by DCS, the settlement agreement provides a one-year adjustment on rates for 2013. The state estimates the adjustment will cost $15 million.

In 2009, IARCCA filed a lawsuit after DCS said it would cut rates paid to the agencies that provide foster care placements and intensive residential treatment for children who are abused or neglected, beginning in 2010.

After changes in Indiana property tax law in 2008 shifted responsibility of payments for provider services to state government from county governments, DCS realized that there was a wide range of pricing of services among providers.

DCS contracts with IARCCA’s members to provide services to children as described in Title IV-E of the Federal Social Security Act.

Since the suit was filed, IARCCA and DCS have settled other issues cited in the suit. In 2011, the two reached an agreement regarding the reimbursement rate cuts. Stephanie McFarland, spokeswoman for DCS, said that the settlement announced Tuesday stems from a 2011 filing in the original lawsuit. Now that the issue over rates paid to cover more staff and cost-of-living expenses has been settled, no issues from the 2009 suit remain.

IARCCA Executive Director Cathleen Graham said in the statement that her membership is pleased with the settlement result. She noted that further work needs to be done, and IARCCA is “equally pleased that DCS agreed to meet regularly in partnership to enhance Indiana’s child welfare system. It takes both the public and private sectors working together to truly meet the complex needs of the abused, neglected and delinquent children and their families.”

For nearly three years, DCS has been trying to implement consistent rates for providers across the state based on actual costs incurred. McFarland said DCS is on course to achieve that goal.

“Although costs vary from region to region within the state, rates are tied to actual and verifiable costs, so the range of rates is not as large as what had been the case prior to 2009,” she said. “Administrative rules have been established regarding rates, and this settlement acknowledges those rules.”
 

IARCCA was represented by Faegre Baker Daniels LLP; James Payne, the named defendant in the suit and former director of DCS, was represented by Bingham Greenebaum Doll LLP and Taft Stettinius & Hollister LLP.

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  1. Welcome to Hendricks County where local and state statutes (especially Indiana Class C misdemeanors) are given a higher consideration than Federal statues and active duty military call-ups.

  2. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  3. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  4. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  5. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

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