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DCS to appeal injunction on rate cuts

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The Indiana Department of Child Services wants the 7th Circuit Court of Appeals to review a judge's decision to temporarily stop DCS rate cuts.

The state filed its notice of appeal Thursday in C.H., et al. v. James W. Payne, 1:09-CV-1574, in U.S. District Court, Southern District of Indiana, Indianapolis Division. The state is appealing District Judge Sarah Evans Barker's Jan. 20 decision to grant a preliminary injunction preventing DCS from cutting reimbursement rates for adoptive and foster parents and child care agencies.

Both the parents and the Indiana Association of Residential Child Care Agencies sued DCS in December after learning of cuts to reimbursement rates paid by DCS to those parties. The suits were consolidated into one, C.H. v. Payne. The combined suit represents more than 100 agencies statewide and has been certified as a class action for foster and adoptive parents throughout Indiana.

Judge Barker said in her 38-page order that much more than money is at issue in the case.

"It is the quality of care promised to the children under the applicable statutes that is at stake in the case at bar," she wrote. "Any deficiency in such care cannot later be undone with monetary compensation."

DCS spokesperson Ann Houseworth told Indiana Lawyer in an e-mail that the decision to appeal was made after reviewing their options and concluding that the injunction places an undue restraint on the agency's ability to further improve Indiana's system of child services.

"We believe that appealing this decision will serve the best interests of all the children we serve," she said.

The state hasn't filed its brief yet, but has 40 days from Thursday to do so.

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  1. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

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  3. 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

  4. 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.

  5. 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.

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