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INDIANA DEPT. OF PUBLIC WELFARE v. HUPP

No. 60A01-9206-CV-174.

605 N.E.2d 768 (1992)

INDIANA DEPARTMENT OF PUBLIC WELFARE AND SUZANNE L. MAGNANT, in Her Official Capacity As Administrator of the Indiana Department of Public Welfare, Appellant-Respondents, v. Doris HUPP and Melissa Branaman, Individually and On Behalf of All Other Persons Similarly Situated, and Judy Wheat, Appellee-Petitioners.

Court of Appeals of Indiana, First District.

Transfer Denied March 2, 1993.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Wendy Stone Messer, Deputy Atty. Gen., Indianapolis, for appellant-respondents.

Thomas M Frohman, Jamie Andree, Legal Services Organization of Indiana, Inc., Bloomington, for appellee-petitioners.

BAKER, Judge.

Today we are presented with the question of whether the policy of terminating a household's AFDC benefits for a child who has been removed from his or her home under a court-issued probable cause detention order but before the child has been adjudicated a Child in Need of Services (CHINS) violates federal law.1

Alleging the administrative policy of respondent-appellant Division of Family and Children (the Division...

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