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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. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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