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Judge blocks DCS rate changes for now

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A federal judge in Indianapolis has temporarily blocked the Indiana Department of Child Services from reducing the amounts it pays to foster and adoptive parents and juvenile-service providers.

After an hours-long hearing Wednesday in two combined cases against the state agency, U.S. Judge Sarah Evans Barker of the District Court's Indianapolis Division granted a preliminary injunction against the DCS. This means that service providers and those adoptive and foster parents will continue getting the same money received during 2009, at least until the case progresses or the court orders differently.

Filed in December, one suit by the American Civil Liberties Union of Indiana is on behalf of the parents while the Indiana Association of Residential Child Care Agencies (IARCCA) represents the service providers. The cases - C.H., et al. v. James Payne, and IARCCA v. Indiana DCS and Payne - have been combined into one case, No. 1:09-cv-1574. Both claims involve the agency's planned reductions in payment rates for the respective parties. The suit represents more than 100 agencies statewide and has been certified as a class action as far as foster and adoptive parents throughout the state.

At issue is the rate setting by the DCS, which has scaled down any increases and frozen the rates to the service providers as the budget woes worsened for Indiana. The expected service-provider cuts range from 14 to 20 percent, while the foster and adoptive parents faced a 10 percent cut in monthly payments no matter when the placement or adoption took place.

As a result, both sides feared that the reductions would result in layoffs or fewer placement or service options for children and families who need them most. Both plaintiffs had asked the court to consider a preliminary injunction stopping the state agency from putting those into effect Jan. 1, and the judge granted those requests from the bench; a written ruling will follow.

Some people have already seen reductions in their payment, and those issues may be worked out at a later time, the parties said.

"We consider this a victory for children, and we're very glad that our concerns were heard," said Cathleen Graham, IARCCA executive director. "The children we're working with are very vulnerable and need these services, and I believe the judge saw the potential for harm with any delay in doing this. We're very satisfied with what she said about the importance of that promise of quality care that's stated in federal law. That speaks to what we as providers are very concerned about when we offer these services to children and their families."

Ken Falk, legal director for the ACLU of Indiana, said his class of clients was also pleased about the judge's ruling as it ensures they won't be faced immediately with lower reimbursements for the services they provide. The state now has a chance to appeal the decision, but if that doesn't happen then the case can move to trial, Falk said.

In response to the ruling, DCS spokeswoman Ann Houseworth said the agency was disappointed but will abide by it while officials continue pursuing all options to provide for the best possible care. As no official written ruling has yet been issued, Houseworth said no decision had yet been made about appealing the decision.

Despite the ongoing litigation, Graham emphasized that the cases won't impact the relationship between her organization and the service providers.

"Since the filing of this suit, we've worked with DCS on so many issues and will continue doing that collaboratively," she said. "That's best way to get these children the services they need."

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  1. Judge Roger B. Cosbey is unethical and bias toward African American who seeks justice in Title VII claims. He disrespected and used his authority to attempt to intimidate me into taking an unfair settlement and when I refused he proceeded to get my case dismissed and to deny me my Constitutional and Civil Rights. He disobeying several rules of law; specifically, by ruling on summary judgment motions against the Fed. R. Civ. P., without authority of Judge William C. Lee, without consent of the attorneys, and with conspiracy to commit “fraud on the court,” as he conspired with my former attorney. He proved to me that he is bias, unethical, unfair and unfit to be reappointed. In my opinion, he should be disbarred in 2013, for committing fraud on the court, which would make him ineligible for reinstatement in 2014. See docket 3:07 cv 629 where he rules on dispositive motions, knowing magistrates are not vested with that power (especially without consent), grants the defendant an unconscionable number of extensions, accepts my former attorney request for extension for dispositive motion knowing he was working with the opposition, and unbelievably grants the defendant another extension after he requested an extension after he missed the deadline. I know another attorney filed charges against him for bias in race discrimination case(s). I know what he did in my case before he voluntarily recused himself, I just do not know how many other innocent people have been stripped of their rights because of him. I say shame on him and no more of the same.

  2. they are pushing these cases against lawyers too far. thought-crime.

  3. vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!

  4. Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.

  5. With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.

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