B.R., a Minor by his Guardian Teresa Todd v. IN. Dept. of Child Services, et al. - 10/24/13

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Thursday  October 24, 2013 
1:00 PM  EST

1 p.m. 55A05-1212-CT-639. Indiana University Robert H. McKinney School of Law. B.R., a minor child suffered a severe brain injury after nearly drowning while placed in respite foster care.  The foster care placement was arranged by Adult and Child Mental Health Center (“the Health Center”), which operates under a contract with the Marion County Department of Child Services.  B.R., by his court-appointed guardian, filed a complaint against the Health Center arguing that the Health Center owed and breached its duty to use reasonable care in providing and supervising foster care and services to B.R.  The Health Center filed a motion to dismiss the complaint pursuant to Trial Rule 12(B)(1) claiming lack of subject matter jurisdiction.  Specifically, the Health Center argued that it is a qualified health care provider and B.R.’s claims for his injuries are subject to the medical review panel requirement of the Indiana Medical Malpractice Act.  The trial court agreed and dismissed the complaint.  B.R., by his guardian, now appeals.

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  1. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

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  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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