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Settlement reached on foster care rates

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Indiana Lawyer Rehearing

The Indiana Department of Child Services has agreed not to cut subsidies for foster and adoptive parents and other caregivers as part of a class-action settlement in federal court.

Though it hasn’t received final court approval in the Southern District of Indiana, the Nov. 19 agreement between the state agency and the American Civil Liberties Union of Indiana would make permanent a preliminary order issued by U.S. Judge Sarah Evans Barker in January. That order barred DCS from imposing a 10 percent cut in the maximum $25 per day subsidy that parents and guardians receive for foster kids and some special needs adoptive children. DCS had proposed the reduction late last year after Gov. Mitch Daniels ordered state agencies to slash their budgets because of revenue shortfalls, but two federal lawsuits that were later combined alleged the cuts violated parts of Title IV-E of the Social Security Act, 42 U.S.C. § 670, et seq.

The case is C.H., et al. v. James W. Payne, No. 1:10-CV-381. This proposed settlement stipulates that DCS isn’t admitting any violation and does not concede on the merits, but that both parties want to reach a settlement.

This proposed settlement allows DCS to come up with a new formula for calculating the daily rate for children in foster care by the end of 2010, but that does not preclude foster parents from challenging the new rates when they’re determined, according to a class notice attached to the proposed settlement. The proposal also provides that DCS will pay about $104,812 in attorneys’ fees and costs.

Once the class members receive notice, Judge Barker will likely consider the proposed settlement in January.•

Rehearing "Cuts trigger two lawsuits" IL Jan. 6-19, 2010

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

  2. 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.

  3. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  4. 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

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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