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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. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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