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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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  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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