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Nonprofit sues over DCS rate cuts

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A nonprofit organization made up of agencies that provide services to abused and neglected kids is suing the Indiana Department of Child Services for cutting rates paid to the agencies next year.

The Indiana Association of Residential Child Care Agencies Inc. filed suit Monday against DCS and director James W. Payne in Marion Superior Court seeking declaratory and injunctive relief.

DCS contracts with IARCCA's members to provide services to children as described in Title IV-E of the Federal Social Security Act, which include foster care placements and residential placements. About 80 members provide services that include a residential component.

According to the suit, No. 49D11-0912-PL-056480, the DCS informed residential members earlier this month that the rates for 2010 will be cut between 4 and 14 percent and no less than 20 percent for licensed child placing agencies. DCS allegedly told the licensed child placing agencies that it would transfer the children to other locations if the providers didn't sign the new contracts with the lower rates within five days of receipt.

The contracts provide for a per diem rate set by DCS, but there is no written explanation as to how these reimbursement rates are calculated.

IARCCA accuses the DCS of failing to establish any rules or method by which it sets provider reimbursement rates and that DCS arbitrarily is cutting rates paid to providers.

IARCCA says the cuts will affect the quality of the children's care, result in higher ratios of children to staff supervisors, higher caseloads for therapists, and reductions of tutoring and mentoring programs.

IARCCA wants the court to declare that DCS' setting of per diem rate payments to providers other than pursuant to promulgated rules violates Indiana Code Section 4-22 and Title IV-E. IARCCA also seeks a preliminary injunction preventing DCS from reducing its rates until it has promulgated rules governing the establishment of per diem rates, and permanent injunctive relief requiring the agency to set rates and to change rates in accordance with written standards in state and federal law. IARCCA also wants relief to prevent DCS from taking any action concerning children in the care of providers based solely on decisions about the rates to providers.

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  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

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  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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