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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. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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