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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

ADVERTISEMENT