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Bill: Legal aid services can assess indigency

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Indiana lawmakers want the state's legal aid and pro bono programs to have one less hurdle to navigate through when representing indigent clients, agreeing that there's no need to always tie up court time in establishing indigency.

The unanimous House vote came Thursday on HB 1363, which is authored by Rep. Trent Van Haaften, D-Mt. Vernon, also an attorney with Bamberger Foreman Oswald and Hahn. The legislation provides that a clerk can waive any required fees or court costs on a civil action or petition for a guardian to be appointed, without a judge's approval, if that person is represented by a civil legal aid program or pro bono attorney that's already established indigency.

Designed to improve court efficiency by reducing the time spent on determining indigency, Van Haaften said courts generally waive filing fees even if they require a hearing for a plaintiff represented by Legal Services Inc. or a pro bono district. Those programs set their own standards and have comprehensive screening processes, and there is no need to duplicate the efforts or tie up court resources, he said.

Van Haaften said trial courts would have the option to step back in at any point and re-examine a person's indigency, if needed.

Fiscal research on the legislation notes that the number of people represented by a civil legal aid or pro bono attorney is not reported in the Indiana Judicial Report, though pro bono administrators and directors of legal assistance corporations report that the large majority of indigent plaintiffs are represented in divorce and child support cases. On average, the state's general fund receives fees between $104 in civil cases and $118 in probate cases, and local general funds receive between $32 in civil and $38 in probate, according to a fiscal impact statement.

The bill now moves to the Senate for consideration; Sen. Brent Steele, R-Bedford, and Sen. Greg Taylor, D-Indianapolis - both attorneys - have signed on as sponsors.

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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