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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. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  2. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  3. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

  4. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

  5. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

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