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Friday, October 16, 2009
Ind. Courts - Already, more on the DCS and the courts re who has authority relating to the placement of children in out-of-state rehabilitation and treatment programs
My friend Ed Feigenbaum, editor / publisher of the subscription only Indiana Legislative Insight, must have called out "stop the presses" this morning, in order to squeeze in this item about an ILB posting earlier today:
As the Indiana Supreme Court prepares to hear a case involving legislative issues related to single-subject matter, logrolling, and special legislation in a case from East Chicago involving the 2007 budget bill, the controversy over 2009 budget bill language involving the ability of the Department of Child Services to intervene in out-of-state child placement (instead of judges making the decisions) continues.The "case from East Chicago involving the 2007 budget bill" is Foundations of East Chicago v. City of East Chicago and the Attorney General of Indiana, scheduled for oral argument on Oct. 29th. See also this ILB entry from August 21st.The Indiana Law Blog reveals that Indiana University School of Law - Indianapolis Professor Joel Schumm "prepared a brief challenging the ability of DCS to intervene in placement decisions on two grounds: (1) a violation of separation of powers in the original 2008 bill that first authorized any DCS involvement and (2) a violation of the one subject requirement of Article 1, Section 19 by the last-minute addition of a DCS provision in the June 30 special session budget. The motion was filed in a case in Marion County Juvenile Court [October 9]. DCS then reconsidered and approved the out-of-state placement [early last] week. The issue is likely to surface again in juvenile courts whenever DCS refuses to authorize an out-of-state placement."
Posted by Marcia Oddi on October 16, 2009 10:44 AM
Posted to Indiana Courts