Families suing DCS for $100 million

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INDIANAPOLIS (WISH) – The Department of Child Services is getting hit with a huge lawsuit. Over 1,400 families who adopted special needs children say they’ve never received subsidies promised to them by the state. Now they’re suing for $100 million.

Some people call Debra Moss an angel on earth.

“One of them came to me at eight weeks old with nine fractured ribs and a broken femur,” said Moss.

The mother of three adopted special needs brothers, Moss knows about sacrifice.

“It would be nice to walk into a store and buy the clothes and not have to sew them for once.”

Moss provided for her boys with her social security check, local food banks and thrift stores.

“They all have medical needs. They all are ruled ADHD. They all have special needs,” said Moss.

Moss and her boys, according to a new class action lawsuit, are one of over 1,400 families in the state of Indiana who have been taken by the Department of Child Services.

“We are the only state that does not pay the subsidies that we’ve agreed to pay for special needs kids,” said Irwin B. Levin, with Cohen & Malad, LLP.

The complaint says families were promised money, around $18 per day per child if funds were available.

For years, Moss and hundreds of other adoptive families were told they were on a waiting list for subsidies, to help pay for treatment and therapy.

For years, they assumed there were no funds only to find out according to the lawsuit that not only has no one on list received money but that the DCS returned $240 million to the state since 2009.

“To find out they’re returning it to the state, to make the budget look good rather than to give it to the children that need it the most, was heartbreaking,” said Moss.

Moss sees it as yet another rejection of kids who have already been rejected by so many.

“Aren’t they basically a dead beat parent?” said Moss.

We reached out to the DCS for a response. They said it is their policy not to comment on cases that are in or pending litigation.

The DCS now has until July 20th to respond to the motion asking for the class action lawsuit.

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