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Justices take appeal over who pays DCS record fee

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A litigant whose award of $1,200 against the Department of Child Services for the cost of preparing an agency record was reversed by the Court of Appeals will have his case heard by the Indiana Supreme Court.

Justices agreed to grant transfer in Jesse Brown v. State of Indiana Department of Child Services, 41S01-1310-PL-634. Brown lost his child-care license after a hearing before an administrative law judge. Johnson Superior Judge Kevin Barton affirmed the result but ordered DCS to repay Brown the cost of preparing the agency record.

The Court of Appeals reversed in a not-for-publication opinion issued May 29 but reclassified for publication on June 28. The panel found that the burden was on Brown to compile the record or seek an extension of time to file after DCS informed him it would take 90 days to compile the record.

The matter is the only case among 27 in which justices granted transfer for the week ending Oct. 4. Supreme Court transfer disposition reports may be viewed here.

Justices also reconsidered and will let stand a Court of Appeals ruling that allowed a social worker to testify as an expert at a termination of parental rights hearing.

Justices vacated transfer in In the Matter of the Parent-Child Rel. of: B.H. & B.H., and T.H. v. The Indiana Dept. of Child Services, 52A02-1210-JT-849. In that case, the appeals panel ruled that while I.C. 25-23.6-4-6 prohibits a licensed clinical social worker from providing expert testimony, Indiana Evidence Rule 702 contains no social-worker exclusion. The panel found the social worker was able to testify and properly qualified.

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  1. My husband financed a car through Wells Fargo In dec 2007 and in Jan 2012 they took him to court to garnish his wages through a company called autovest llc . Do u think the statue of limitations apply from the day last payment was received or from what should have been the completion of the loan

  2. Andrew, you are a whistleblower against an ideologically corrupt system that is also an old boys network ... Including old gals .... You are a huge threat to them. Thieves, liars, miscreants they understand, identify with, coddle. But whistleblowers must go to the stake. Burn well my friend, burn brightly, tyger.

  3. VSB dismissed the reciprocal discipline based on what Indiana did to me. Here we have an attorney actually breaking ethical rules, dishonest behavior, and only getting a reprimand. I advocated that this supreme court stop discriminating against me and others based on disability, and I am SUSPENDED 180 days. Time to take out the checkbook and stop the arrogant cheating to hurt me and retaliate against my good faith efforts to stop the discrimination of this Court. www.andrewstraw.org www.andrewstraw.net

  4. http://www.andrewstraw.org http://www.andrewstraw.net If another state believes by "Clear and convincing evidence" standard that Indiana's discipline was not valid and dismissed it, it is time for Curtis Hill to advise his clients to get out the checkbook. Discrimination time is over.

  5. Congrats Andrew, your street cred just shot up. As for me ... I am now an administrative law judge in Kansas, commissioned by the Governor to enforce due process rights against overreaching government agents. That after being banished for life from the Indiana bar for attempting to do the same as a mere whistleblowing bar applicant. The myth of one lowly peasant with the constitution does not play well in the Hoosier state. As for what our experiences have in common, I have good reason to believe that the same ADA Coordinator who took you out was working my file since 2007, when the former chief justice hired the same, likely to "take out the politically incorrect trash" like me. My own dealings with that powerful bureaucrat and some rather astounding actions .. actions that would make most state courts blush ... actions blessed in full by the Ind.S.Ct ... here: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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