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Firm says DCS misled parents on foster adoption subsidies

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The Indiana Department of Child Services misled parents adopting foster children by falsely claiming the agency lacked resources to provide subsidies while it returned hundreds of millions of dollars to the state, according to the Indianapolis law firm pursuing a class-action suit against DCS.

The agency “admitted they had returned nearly $240 million to the state” while representing to parents no funding was available for subsidies to adopt special-needs foster children, said Cohen & Malad LLP attorney Lynn Toops. She said DCS also admitted adoptions in the state have declined dramatically since 2009, when the state ceased providing the subsidies.

Rich Allen, assistant communications director for DCS, said in an email, “because this is pending litigation, I’m not able to comment.”

Typical subsidies are $19 a day or less per child, negotiated between DCS and parents based on income and other factors.

Toops said the firm estimates DCS owes parents denied subsidies more than $50 million. The suit was filed in June on behalf of 1,400 Hoosier families, and lead plaintiff Debra Moss of LaPorte likened DCS to deadbeat parents.

The situation is creating a hardship for parents, Toops said, and making Indiana a notable outlier in state support for children most in need.

“Indiana has in recent years been very concerned about having a good fiscal picture, having a good surplus,” she said. “By trying to save a buck and not paying these adoption subsidies, it’s actually costing money in the long run.”

The firm cites research by Notre Dame University economist Kasey Buckles showing a sharp reduction in adoptions – from roughly 30 per 100,000 children in 2008 when subsidies were being paid to about 5 per 100,000 children in 2011. Toops said the adoption rate has since declined even further.

Buckles’ research concludes that each adoption of a child from foster care saves the state $200,000 in public benefits.

Josh Kroll, adoption subsidy resource center coordinator for the North American Council on Adoptable Children, said Indiana has a dubious distinction. “It’s the only state that is saying they have insufficient funds for kids that they find eligible and is putting them on a waiting list.”

Gov. Mike Pence last month announced Indiana ended fiscal year 2014 with an operating surplus of $106 million and reserves of $2 billion.
 

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  • Still waiting
    We have been on the waiting list since 2009, i was notified almost 4 months ago that we were going to start receiving payments and we still have received nothing. Every time I call I'm told I just have to wait it's in the lawyers hands. Is everyone else still waiting?

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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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