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Out-of-state placement bill goes to House

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A legislative committee has given its OK to a bill that would repeal a last-minute 2009 special session provision, which gave the Indiana Department of Child Services key control in deciding whether juveniles can be placed outside the state.

At the House Judiciary Committee meeting Tuesday, lawmakers voted HB 1167 out of committee and on to the full House for consideration by a vote of 9-2. Reps. Ralph Foley, R-Martinsville, and Dennis Avery, D-Evansville, opposed the bill and favored keeping that decision-making authority with the DCS, while Rep. Dan Leonard, R-Huntington, didn't vote. Voting for the measure were Reps. Erich Koch, R-Bedford; Wes Culver, R-Goshen; Phyllis Pond, R-New Haven; Cherrish Pryor, D-Indianapolis; Jeb Bardon, D-Indianapolis; Ed DeLaney, D-Indianapolis; Ryan Dvorak, D-South Bend; Trent Van Haaften, D-Mt. Vernon; and Linda Lawson, D-Hammond.

The last-minute change came during the special session that ended June 30. In October, Commission on Courts members expressed frustration that this provision was inserted into a massive budget bill and said many lawmakers likely didn't know about or fully understand the measure. Committee members voted to recommend that the Indiana General Assembly repeal that key provision, and this legislation is the result. DCS Director James Payne, a former Marion Superior juvenile judge, testified at the hearing and said there's no reason to send children out of state because Indiana offers adequate programs and facilities for judges to place children.

He said 64 percent of the in-state options are filled to capacity, meaning there's a 36 percent vacancy rate. "Only on a rare occasion should we look at that," he said, adding that three requests have been made since this law took effect July 1, 2009 - two have been approved, one is still being considered.
Payne also pointed out that despite the placement inside or out of the state, many juveniles return to the communities they came from and get into trouble.

St. Joseph Juvenile Judge Peter Nemeth testified in support of the bill, advocating for a return to local juvenile judges making decisions on placements.

"One of the most important things I do is place children, and it's important that we get it right. But I'm not the only one who has to hear it now ... 'superjudge' has to hear it and approve it. That's a ridiculous system," he said.

Reading a letter from a child he sent to an Arizona facility, Judge Nemeth said that juvenile is going on to college now, something that might not have been possible with an in-state placement. He considers that placement a lifesaver for that juvenile.

"Isn't that what we're supposed to do?" he asked lawmakers. "If you don't approve this, I won't be able to do this in the future. If we have a one size fits all, then what do you need a judge for? Why not just feed the information about a case into a computer to make the decision? That's basically what 'superjudge' is doing."

Lawmakers didn't seem to keen on the idea of taking away judges' decision-making power on the out-of-state placement issue. Several noted that they hadn't heard of massive out-of-state placements or any judicial abuse happening at the local level on this, and that local judges who actually heard the evidence on a case is in a much better position to decide that instead of "a bureaucrat" in Indianapolis who hasn't been involved in the case.

Payne told them that judges and local caseworkers continue having a voice in the process, and this just provides oversight to make sure those judges are using reasonable efforts to find an in-state placement. He also said he regularly communicated with the DCS director during his time on the bench about the issue of out-of-state placements.

Additionally, Payne told lawmakers that the issue was about economic viability - that tax money and services are being sent out of state rather than being kept internally. If those out-of-state-service providers offer something that Indiana doesn't currently have, he'd rather see those services come to Indiana rather than shipping kids there.

But Van Haaften told the agency director that he seemed to be cheerleading for service providers in-state and tiptoeing around the core issue of what that last-minute change is all about: the executive branch, through the DCS, treading into the judicial branch's scope of authority. Foley, one of the two voting against the repeal bill, said he wasn't opposed to the idea of the DCS authority here because the agency has broader access to resource information than a local judge might have, and he thinks a child is more likely to be put in the right place if all options are being looked at. Pryor pointed out the stark difference in testimony between Payne and Judge Nemeth - one saying that placement doesn't make much difference because juveniles typically return to those home communities, while the judge talked about reforming kids and keeping them out of the system.

The bill now moves on to the full House for consideration. It must be passed on third reading by Wednesday in order to move on to the Senate for consideration.

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  1. Payday loans take advantage of people in many ways. It's great to hear that the courts are using some of their sins to pay money back to the community. Hopefully this will help change the culture of many loan companies, and make lending a much safer endeavor for those in need. http://lawsuitlendingnow.com/lawsuit-loans-post-settlement.html

  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

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