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changes are warranted to that budget and then they adopt a budget.
Q.
Are you aware of the legislature considering cost
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of living increases as a basis for setting rates paid to foster care parents MR. PRINCE: facts. foster care providers? Objection; foundation and assumes
You may answer. THE WITNESS: Again, I'm not aware of what
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legislators think and don't -- I mean, they haven't called me up for consultation so I'm not aware of what they take into consideration in their process. I'd assume that they
would take into consideration the public testimony that's provided to them, as well as their knowledge of the programs. BY MR. TABESH:
Q.
And your department -- well, you or anyone you
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supervise during the period of 2001, 2007, you never provided any information concerning the -- well, strike that. So just to finalize this, between 2001, 2007 while you were chief of the ERG&, are you aware of any instance of you or someone you supervise going to the legislature with a recommendation that foster care rates should be increased based on an increase in the cost of living? A. Neither myself nor my staff would have gone to the 101
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Case 3:07-cv-05086-WHA
Document 68-3
Filed 09/11/2008
Page 2 of 7
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legislature and done that.
Q.
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Okay.
And, as far as payment of foster care
rates, it's your -- it's the case that your department simply pays the rates to foster care family -- foster family homes based on what's mandated by the statute. legislature sets the rates. A.
Q.
The
You pay the rates.
Yes. Is there any discretion involved in the amount
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that you would pay?
A.
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What do you mean is there any discretion in the
amount that we would pay?
Q.
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If
if your department determined that the cost
of living had increased, for example, would you have any discretion to pay a foster care -- a foster family home enough to compensate or reimburse -- enough to compensate for that increase in cost of living? MR. PRINCE: Well, it calls for speculation and
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hypothetical, but you may answer. THE WITNESS: No, we -- we would only pay those
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rates authorized by statute and authorized by the legislature. BY MR. TABESH:
Q.
So if your funding increased by tenfold, you
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would still pay the same rate? MR. PRINCE: Again, it calls for conjecture and is 102
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Case 3:07-cv-05086-WHA
Document 68-3
Filed 09/11/2008
Page 3 of 7
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advocates may have come forward to us and discussed that issue.
Q.
A. thing.
Q.
Do you remember any such meeting? I don't remember specific dates and that sort of
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But you -- but you -- I mean, are you -- do you
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remember a particular instance, though?
A. I
MR. PRINCE: THE WITNESS:
Asked and answered. Yeah, I -- I don't remember specific I do know we had a -- a
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meetings and specific discussions.
variety of meetings with the alliance of group home providers, and we talked about a variety of issues impacting our group home rates. BY MR. TABESH:
Q.
Did you have similar meetings with people that
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represent the interest of foster family homes? A. Not that I recall. MR. TABESH: your time. All right. Thank you very much for
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I appreciate it. Sure. This is the end of videotape
THE WITNESS:
THE VIDEOGRAPHER:
number four, the end of the deposition at 3:18. THE REPORTER: condensed and disk?
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Mr. Tabesh, would you like a copy,
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Case 3:07-cv-05086-WHA
Document 68-3
Filed 09/11/2008
Page 4 of 7
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INSTRUCTIONS FOR READING/CORRECTING YOUR DEPOSITION
To assist you in making corrections to your deposition testimony, please follow the directions below. If additional pages are necessary, please furnish them and attach the pages to the back of the errata sheet. This is the final version of your deposition transcript.
Please read it carefully. If you find any errors or changes you wish to make, insert the corrections on the errata sheet beside the page and line numbers. If you are in possession of the original transcript, do NOT make any changes directly on the transcript.
Do NOT change any of the questions. After completing your review, please sign the last page of the errata sheet, above the designated "Signature" line.
ERRATA SHEET
Page Line
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Case 3:07-cv-05086-WHA
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Subject to the above changes, I certify that the transcript is true and correct.
No changes have been made. r certify that the transcript i.s true and correct.
Signature
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_---'/'--- Subject to the above changes, ] certify that the transcript is true and correct.
No changes have been made. I certify that the transcript is true and correct.
Signature
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Case 3:07-cv-05086-WHA
Document 68-3
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I, SHEILAH DUPUY, hereby declare under penalty of perjury that the foregoing is my deposition under oath; that these are the questions asked of me and my answers thereto; that I have read my deposition and have made the necessary corrections, additions, or changes to my answers
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that I deem necessary. In witness thereof, I hereby subscribe my name
this~~l
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. ....:o...::'J..:='V,-,&=. :..-.::day of __t-\_
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