Indiana’s new tax law has resulted in a slew of new responsibilities for the Porter County Juvenile Probation Department at the same time that funding for juvenile programs has been cut, with the potential for even more costs transferred to the county.

As a result, the Porter County Council voted 4-3 Tuesday to approve a new position at the probation department specifically to comply with the various aspects of the new law, H.E.A. 1001. The position will pay $40,447.

Porter County Circuit Court Judge Mary Harper and Juvenile Probation Chief Amy Beier said without the added employee, the juvenile probation department risks not being able to meet all of the state’s new provisions and in turn the county risks getting billed considerably more for juvenile services.

H.E.A. 1001 has shifted some expenses from property taxes to the state, one of which is funding for the local Department of Child Services. The DCS works closely with juvenile probation officials in the placement of at-risk youth seen by the DCS and the juvenile court.

However, the law shifted many of the tasks that the DCS previously handled for these placements to the juvenile probation officials. A letter submitted to the council lists 18 new forms, assessments, plans and other steps that juvenile probation officers must now handle.

As one example, juvenile probation must complete a case plan for each youth recommended for residential placement. Each detailed plan takes about 30 hours to prepare, with a follow-up plan submitted every 180 days. The state is also requiring that probation officers submit additional information for each child, including family financial data that involves obtaining tax returns and pay stubs. If this data is not completed within a set timeframe, the state will not pay for the recommended service or placement for the child, instead requiring the county to pick up the tab.

Harper spoke of one highly troubled 12-year-old who was arrested and placed in detention for a number of serious offenses, including arson and burglary. Diagnostic testing showed that this child needed to be placed in a mental health facility. But the DCS denied the placement, forcing the child to remain detained at the Juvenile Detention Center. The juvenile probation office has prepared an intensive treatment and probation plan for this particular youth to move him safely back into the community.

At the same time, a number of funding cuts have impacted juvenile programming, including the loss of $50,000 that was used for Family Court services. This cut resulted in the elimination of two part-time employees and the end to the Community Access Service Center that assisted families in the court.

Harper said the potential exists for a funding loss of another $100,000, and that juvenile officials are seeking grants to make up for the loss.

The funding for the additional juvenile probation position was narrowly approved with council President Bob Poparad, D-1st, Laura Blaney, D-at large, Michael Bucko, D-2nd, and Karen Conover, R-3rd, voting yes and Sylvia Graham, D-at large, Rita Stevenson, D-2nd, and Dan Whitten, D-at large, voting no.

Those who voted no expressed concern about creating a new position at the same time that other departments are also facing funding problems. Stevenson said because of H.E.A. 1001 and the new circuit breaker tax caps, the county will have to deal with a funding loss for its general fund. She questioned the impact on other departments if the council approves a new position. “Are we going to have to lay off other people?” she said.

But Harper noted that if the paperwork is not completed properly, the bills for youth placement will kick back to the county, resulting in even greater expenses down the road. Poparad noted that the county still has a debt from the high costs of residential placements.

Harper also said that never before has she made a budget appeal so early in the year. “I’ve only come here if I’m desperate,” she said.

The funding was approved in the form of an additional appropriation, which won’t get released by the state until this year’s budgets are finalized. Poparad noted that it could be as late as next year before the additional money is actually released.

Posted 2/25/2009