1,400 Indiana families sue Indiana DCS for unpaid subsidies - Fox 28: South Bend, Elkhart IN News, Weather, Sports

1,400 Indiana families sue Indiana DCS for unpaid subsidies

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LaPorte resident Debra Moss fostered her daughter's three sons after a judge made her the primary caregiver to them. From 2009 to 2013, she received $25.88 a day, receiving roughly $10,000 a year. When she adopted the three boys in 2012, she was promised she would receive adoption subsidy payment from the Indiana Department of Child Services (DCS). Moss says she never did.

"I waited patiently, because they told me they didn't have any money. I figured they were strapped for bills just like I was," says Moss. Court documents indicate the DCS returned $238 million to the State of Indiana in excess funds since 2009. However, Moss says DCS continued to tell her they didn't have enough money to pay her.

Cohen & Malad, LLP and Friedman & Associates, P.C. have filed a class action lawsuit for more than 1,400 Indiana families who have adopted children from the DCS. The lawsuit alleges a breach of contract by the DCS for failing to pay adoption subsidy payments to those who agreed in a contract, like Moss.

Richard Shevitz of Cohen & Malad says when they contacted DCS, their statement was, "You adopt for love, not for money." Shevitz says, "This is merely a breach of contract. This is unacceptable to families who are bringing in these kids for love, but struggling to give them good homes." Moss says when she heard the statement from DCS, she felt defeated, "How many of their bills can they pay with love? How many times can they skip meals or tell their kids they can't have something because of love?"

Moss' attorneys are suing for nearly $40,000, just for her. The amount for other families is still being calculated.

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