ILNews

DCS sued for cuts to adoption, foster care rates

Jennifer Nelson
January 1, 2009
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
Add foster and adoptive parents to the list of people unhappy with the Indiana Department of Child Services for making rate cuts in 2010. Some of those parents filed a class action suit Tuesday in federal court against DCS director James W. Payne in hopes of preventing the cuts.

The foster and adoptive parents are unhappy about a 10 percent cut in all current foster care rates and adoption payments beginning January 2010. The parents received a letter from DCS explaining the cuts, which were a result of analyzing current costs and a comparison of Indiana's foster care rates to those of other states. Because the maximum monthly adoption payments are required by law to be based on a percentage of the applicable foster care per diem rate, the DCS decided to reduce all monthly payments by 10 percent, according to the letter.

The suit filed in the U.S. District Court's Southern District of Indiana, Indianapolis Division, C.H., R.H., D.S., and T.S., on their own behalf and on behalf of those similarly situated, et al., v. James. W. Payne, as director of DCS, No. 1:09-CV-1574, involves four proposed classes: foster parents who receive or will receive foster care maintenance payments from DCS; children in foster care or who will be in foster care, for whom maintenance payments are made or will be made by DCS; adoptive parents who receive adoption assistance payments through DCS; and adoptive children for whom the adoption assistance payments are being made.

The proposed classes, represented by various parents and children, claim the reduction of the maintenance and assistance payments violate Title IV(E), and 42 U.S.C. sections 672(a), 673(a)(3), and 675(4). The plaintiffs argue they didn't consent to the cuts and that they were made solely because of budget concerns and without individual assessments by DCS of the families receiving the payments.

The parents and children, represented by the American Civil Liberties Union of Indiana, also filed a motion for class-action certification. They seek a preliminary and permanent injunction preventing Payne from reducing the payments.

This is the second suit filed this month against DCS and Payne because of cuts to rate payments. On Dec. 14, The Indiana Association of Residential Child Care Agencies filed a suit in Marion Superior Court seeking declaratory and injunctive relief because DCS is cutting reimbursement rates next year to IARCCA members who provide services to abused, neglected, and delinquent children. IARCCA is represented by Baker & Daniels in Indianapolis.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

  2. The Indiana DOE released the 2015-2016 school grades in Dec 2016 and my local elementary school is a "C" grade school. Look at the MCCSC boundary maps and how all of the most affluent neighborhoods have the best performance. It is no surprise that obtaining residency in the "A" school boundaries cost 1.5 to 3 times as much. As a parent I should have more options than my "C" school without needing to pay the premium to live in the affluent parts of town. If the charter were authorized by a non-religious school the plaintiffs would still be against it because it would still be taking per-pupil money from them. They are hiding behind the guise of religion as a basis for their argument when this is clearly all about money and nothing else.

  3. This is a horrible headline. The article is about challenging the ability of Grace College to serve as an authorizer. 7 Oaks is not a religiously affiliated school

  4. Congratulations to Judge Carmichael for making it to the final three! She is an outstanding Judge and the people of Indiana will benefit tremendously if/when she is chosen.

  5. The headline change to from "religious" to "religious-affiliated" is still inaccurate and terribly misleading.

ADVERTISEMENT