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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. Oh my lordy Therapist Oniha of the winexbackspell@gmail.com I GOT Briggs BACK. Im so excited, It only took 2days for him to come home. bless divinity and bless god. i must be dreaming as i never thoughts he would be back to me after all this time. I am so much shock and just cant believe my eyes. thank you thank you thank you from the bottom of my heart,he always kiss and hug me now at all times,am so happy my heart is back to me with your help Therapist Oniha.

  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

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