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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. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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