Articles

DCS lawsuit details harm to children

An 81-page lawsuit filed Tuesday against the Indiana Department of Child Services claims the agency is failing to protect children and further inflicting trauma by placing foster children in inappropriate, unstable or overly restrictive facilities and not providing the necessary medical and mental health care.

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New laws for 2019

The following enrolled acts, followed in parentheses by their corresponding public law numbers, take effect July 1 unless otherwise noted below.

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After years, administrative law reform clears Statehouse

The idea of revamping the state’s administrative law system has been floating around the Statehouse for years, but during the 2019 session, the reform effort finally gained broad support that has resulted in a new law proponents say will bring independence and transparency to the proceedings.

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Group sues for records on U.S. election hacking vulnerability

The National Election Defense Coalition filed a lawsuit Thursday against Indiana Secretary of State Connie Lawson alleging she’s violated state law in denying public record requests since September for her communications about election security with the National Association of Secretaries of State.

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COA affirms CHINS adjudication in timeliness argument

The Indiana Court of Appeals has affirmed a child in need of services adjudication after concluding the dismissal sanction for failure to timely conduct a CHINS factfinding hearing is not a mechanism to collaterally attack a CHINS adjudication.

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Man’s conviction for harassing DCS case manager stands

A man convicted of harassing his Department of Child Services case manager to the point that she quit her job and moved to another county lost an appeal of his conviction Thursday, failing to convince the appellate court that the offense didn’t occur in Indiana.

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Res judicata leads to remand of CHINS determination

Saying it was “troubled” by how the Department of Child Services chose to litigate two nearly back-to-back child welfare cases, the Indiana Court of Appeals has ordered a trial court to re-evaluate a 2018 CHINS petition without relying on facts that were available for litigation during a 2017 CHINS proceeding.

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Judgment for INDOT upheld in fatal crash litigation

Even though the Indiana Department of Transportation declined to install a traffic signal at a Tippecanoe County intersection where a deadly crash later occurred, the Indiana Court of Appeals has upheld summary judgment for the department, finding it was immune from liability under the Indiana Tort Claims Act.

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IDEM to hike permit fees for first time in decades

On May 5, Gov. Eric Holcomb signed a bill supported by the Indiana Chamber, the Indiana Manufacturers Association, and other business and environmental groups that will allow the state to raise pollution permit fees after an extensive rulemaking process that could last more than a year.

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Accused pediatrician’s medical license suspension extended

A Boone County pediatrician charged with sexually abusing three boys has had his medical license suspended for another 90 days. The Indiana Medical Licensing Board originally suspended 41-year-old Dr. Jonathon Cavins’ medical license in March for 90 days, until mid-June, but the board recently added another 90 days to the Jamestown man’s original suspension, meaning he’ll remain suspended until after his July trial.

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State argues more lawyers not needed in CHINS, TPR cases

In response to a lawsuit seeking to require the state appoint attorneys to represent children in termination of parental rights or children in need of services proceedings, Indiana is arguing that adding more lawyers would only flatter the legal professionals and not mollify tragic circumstances.

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CHINS case dismissed for untimely fact-finding hearing

A child in need of services case has been dismissed after an appellate panel concluded that a mother’s motion to dismiss because the fact-finding hearing was not completed within the statutory timeframe was incorrectly denied by the trial court.

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