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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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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