Articles

Long-running IBM suit against state back before COA

The latest installment in a years-long legal saga between the state and IBM, Inc. came before the Indiana Court of Appeals on Tuesday, when the parties argued over the awards of damages and what, if any, significant changes were made to the state’s welfare system after Indiana terminated its contract with IBM and developed its own claims-processing system.

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Indiana ALJ to hear appeal for proposed abortion clinic

A federal judge will hold a two-day hearing this week on a Texas-based group’s appeal of Indiana officials’ rejection of its application to open an abortion clinic in South Bend. Indianapolis Administrative Law Judge Clare Deitchman will determine Wednesday and Thursday whether to grant Whole Woman’s Health Alliance’s appeal after the state Department of Health denied the group’s application for an abortion clinic license in January.

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Indiana BMV directed to repay final $3.3M in fee overcharges

Indiana drivers who were overcharged by the state Bureau of Motor Vehicles could soon find it easier to claim the last $3.3 million of a much larger class-action settlement. A bureaucratic snafu had prevented people from receiving their payments from the state attorney general’s unclaimed property division, so Marion County Judge Heather Welch directed the BMV to refund the money itself through credits or refund checks.

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Attorney General taking fight against early voting consent decree to 7th Circuit

In defending the Indiana Attorney General’s objection to an agreement about early voting, Indiana Solicitor General Thomas M. Fisher said the action is “rather routine” and the office would be submitting additional filings to the courts, including an appeal to the 7th Circuit Court of Appeals. The comments came two days after the attorney general filed a motion challenging the consent decree establishing five early voting sites in Marion County.

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Indiana lawmakers consider expanding industrial hemp market

Indiana lawmakers are considering allowing farmers to grow industrial hemp. Members of the Interim Study Committee on Agriculture and Natural Resources heard from farmers and state leaders in support of the new crop during a committee meeting on Monday.

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Neglect or not? (Shutterstock.com)

Neglect or not? DCS study takes aim at CHINS statute

It’s not uncommon for the Indiana Department of Child Services to hear it doesn’t have enough evidence to support its child welfare cases. Children in need of services cases that enter the court often leave shredded by judges for lack of a sufficient reasoning as to why they came before the bench without enough evidence to back up the claims.

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Alcohol commission will study permits, quota system

Coming off the successful passage of Sunday sales legislation during the 2018 Indiana legislative session, the Alcohol Code Revision Commission re-convened for the first time on July 18 to chart its course for this year’s study topics. While the commission’s work last year focused on more specific topics like Sunday sales, this year’s group has been charged with studying more general issues, including alcohol permits, the state’s quota structure and the causes and effects of over-consumption.

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Challenge to Secretary of State’s reelection bid denied

A constitutional challenge to Indiana Secretary of State Connie Lawson’s reelection bid failed Tuesday after the Indiana Election Commission agreed with a holistic reading of the state constitution. The challenge had argued Lawson is not eligible to run because, if reelected, she will be prohibited from completing a full term under Article 6, Section 2 of the Indiana Constitution.

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Alcohol Code Revision Commission to study permits, quotas

The Indiana Alcohol Code Revision Commission went back to work on Wednesday with a new leader and a new slate of alcohol-related issues to study ahead of the 2019 legislative session. Topics on the agenda included reducing the complexity and increasing the consistency of Indiana’s alcohol licensing laws, evaluating the permit quota structure, and studying over-consumption and its causes and effects.

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Pence family gas stations left costly environmental legacy

The collapse of an oil company linked to the Pence family in 2004 was widely publicized. Less known is that the state of Indiana — and, to a smaller extent, Kentucky and Illinois — are still on the hook for millions of dollars to clean up more than 85 of the company’s contaminated sites, including underground tanks that leaked toxic chemicals into soil, streams and wells.

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House speaker ‘disturbed’ DCS failed to act on past reports

Indiana House Speaker Brian Bosma said Monday he was “disturbed” after finding out the state’s child welfare agency failed to take action after five different reviews conducted in recent years found problems at the agency. The revelation was included in a sixth report on the Department of Child Services, which was released in June by a consultant hired by Republican Gov. Eric Holcomb.

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Extra $25M for DCS dwarfed by prior increases, children’s needs

The $25 million Gov. Eric Holcomb recently pledged in additional funding for the Department of Child Services is not the first infusion of extra money given to the agency in recent years. In fact, the sum is one of the smaller supplements to the department’s annual state appropriation, which is more than $600 million.

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Holcomb: DCS changes, extra $25M mark new day for troubled agency

Pledging this is the start of a new day for the Indiana Department of Child Services, Gov. Eric Holcomb on Monday outlined changes his administration is implementing to improve the troubled state agency and announced that he is dipping into the state surplus to provide another $25 million to boost salaries and transform the workplace culture.

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COA discourages interlocutory appeals of CHINS status changes

The Indiana Court of Appeals affirmed on interlocutory appeal a change the permanency plan for two children from reunification to termination of parental rights while also cautioning that such trial court rulings are “generally not suitable for interlocutory review.”

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Results of DCS outside assessment to be released Monday

Key findings from an outside assessment of Indiana’s Department of Child Services will be released Monday, when representatives from the Child Welfare Policy and Practice Group will present the results of the assessment requested by Gov. Eric Holcomb. Holcomb asked for the DCS study after former director Mary Beth Bonaventura abruptly resigned, accusing Holcomb of cutting funds and putting children’s lives at risk.

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Lack of inmate program recommendation no issue on appeal, COA rules

A man sentenced to six years in prison for battering his father lost his argument on appeal that the trial court failed to recommend him for participation in a substance abuse treatment program. Placement in such programs are left to the discretion of the Department of Correction, the court noted.

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