Jesse Brown v. Indiana Department of Child Services - 2/13/14

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Thursday  February 13, 2014 
9:00 AM  EST

9 a.m. No. 41S01-1310-PL-634.Brown petitioned for judicial review of an administrative order sustaining the Department’s substantiation of an abuse allegation against Brown. The Department filed a motion to dismiss, arguing that Brown failed to timely file the complete agency record or seek an extension to do so. The trial court granted that motion in part and denied it in part, allowing some of the claims raised by Brown to proceed. As to these surviving claims, the trial court later issued an order affirming the administrative determination. On cross-appeals, the Court of Appeals reversed, holding the trial court erred in partially denying the Department’s motion to dismiss and in awarding reimbursement of certain costs to Brown. Brown v. Indiana Dep’t of Child Servs.. , 993 N.E.2d 194 (Ind. Ct. App. 2013), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.

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