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COA: rehearing petition another example of how DCS ‘dropped the ball’ in case

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The Indiana Court of Appeals granted the rehearing petitions of the Department of Child Services and a family who had a child removed from their care and re-examined the family’s federal civil rights claims and claims under the Indiana Tort Claims Act. The judges also chided DCS’ counsel for submitting a new document in the petition for rehearing that was not part of the record on appeal.

In D.L., Glen Black, Ann Black, Steven Lucas, and K.L., by her Next Friend, D.L. v. Christine Huck, Laura Zimmerman, Angela Smith Grossman, Rhonda Friend, Angyl McClaine, and IN. Dept. of Child Svcs., 79A04-1202-CT-61, DCS petitioned for rehearing on the October 2012 decision in which the appellate court denied DCS quasi-judicial immunity. Glen Black and other family members sued DCS and several employees after the DCS appeared unannounced at Glen and Ann Black’s home and removed K.L. from their custody. The Blacks sought to adopt K.L., but DCS said it found a child abuse report against Glen Black from 20 years prior. DCS never investigated the report further and declined to place K.L. with her grandfather. She was instead returned to her biological father, D.L.

“DCS knew that quasi-judicial immunity was an issue on appeal — in fact DCS itself first supplied the notion of quasi-judicial immunity in its memo in support of the motion to dismiss — and yet failed to provide or even refer to this document to the trial court, or to us in its reply on appeal, at oral argument, or by a motion to supplement the record at any time during the appeal. It seems that this is one more example of the ball being dropped by DCS in this case, and DCS may not supplement the record now,” Chief Judge Margret Robb wrote.

Turning to the family’s petition for rehearing, the judges found that their interpretation of Indiana Code 31-25-2-2.5 does not conflict with the Indiana Tort Claims Act. Read together, a suit against DCS as an entity should be allowed to proceed even if vicarious and even if the suit against the employee is barred, but only for those claims that fall within the ITCA. All other vicarious liability against DCS would be extinguished under I.C. 31-25-2-2.5.

The Court of Appeals allowed tort claims against DCS to proceed under a theory of vicarious liability within the ITCA. It also allowed federal civil rights claims to proceed.

The judges affirmed that grandfather Steven Lucas does not have standing to assert a claim for DCS’ failure to consider him for home placement. DCS has no obligation to place K.L. with Lucas and it appears that DCS did consider him but felt he was not suitable to care for the child.

 

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  1. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

  2. Can anyone please help this mother and child? We can all discuss the mother's rights, child's rights when this court only considered the father's rights. It is actually scarey to think a man like this even being a father period with custody of this child. I don't believe any of his other children would have anything good to say about him being their father! How many people are afraid to say anything or try to help because they are afraid of Carl. He's a bully and that his how he gets his way. Please someone help this mother and child. There has to be someone that has the heart and the means to help this family.

  3. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  4. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  5. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

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