State agencies

Court split over valid ID requirement for name change

December 5, 2012
Jennifer Nelson
The Court of Appeals concluded Wednesday that the trial court erred when it required a valid driver’s license or state identification card as a prerequisite to grant a petition for a name change under Indiana Code 34-28-2, but split over whether an elderly man can change his name because he’s never had a valid state-issued ID.
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Indiana justices consider constitutional challenge to Choice Scholarship Program

December 5, 2012
Dave Stafford
Indiana’s test case for school vouchers could have implications for other states, legal observers said after the state Supreme Court heard oral arguments in a case that challenges the constitutionality of school vouchers.
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King Celebration to place special emphasis on community service

December 4, 2012
IL Staff
Two new activities promoting public service will be part of the 22nd Annual Dr. Martin Luther King Jr. Indiana Holiday Celebration and Youth Summit.
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Fewer Hoosiers voted in 2012, tally shows

November 30, 2012
Dave Stafford
Fifty-eight percent of registered Indiana voters cast ballots in the Nov. 6 general election – the same percentage as in 2004 but a decline from the 2008 vote, when 62 percent of Hoosiers voted.
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DCS study committee to hold last meeting Tuesday

November 26, 2012
IL Staff
The Department of Child Services Interim Study Committee will meet for the last time Tuesday in the Indiana Government Center to consider bill drafts, a final report and “other business,” according to the committee agenda.
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Budget session will not prevent state senators from working to improve DCS

November 20, 2012
IL Staff
The Indiana Department of Child Services will be part of the legislative agenda during the Indiana General Assembly’s 2013 session. 
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BMV puts the brakes on enforcing uninsured motorist registry

November 5, 2012
IL Staff
The Indiana Bureau of Motor Vehicles agreed Monday to halt enforcement of the “Previously Uninsured Motorist Registry” and reinstate the driver’s licenses of thousands of Hoosiers.
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PCF may not present evidence to dispute injury

November 1, 2012
Jennifer Nelson
The Indiana Supreme Court ruled Wednesday that in a case involving a boy diagnosed with a mild form of cerebral palsy, the Indiana Patient’s Compensation Fund may not present evidence to dispute the existence or cause of the boy’s injury while defending his petition for excess damages from the fund.
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Agency erred in adjusting experience account rates after merger

October 30, 2012
Jennifer Nelson
The Indiana Court of Appeals has ordered the Department of Workforce Development to reinstate the original contribution rates for unemployment insurance experience accounts of a parent company and its subsidiaries. The DWD should not have combined the accounts and adjusted the rates following a merger.
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AG seeks to suspend license of pharmaceutical maker linked to meningitis outbreak

October 26, 2012
IL Staff
Attorney General Greg Zoeller on Friday asked the Indiana Pharmacy Board to suspend the license of a Massachusetts company whose contaminated steroid injections are linked to 43 cases of fungal meningitis and three deaths in the state.
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State cannot enforce $1,000 cap on dental services for Medicaid recipients

September 26, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals has left in place the preliminary injunction granted by Chief Judge Philip Simon last year that prevents the state from capping dental work for Medicaid recipients at $1,000 a year.
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Payne resigns as head of DCS

September 24, 2012
Jennifer Nelson
James W. Payne, the director of the Indiana Department of Child Services since 2004, submitted his resignation letter Monday to Gov. Mitch Daniels. The resignation comes after news reports raised questions about his involvement in DCS actions pertaining to his grandchildren.
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DCS launching pilot to address children with mental health issues

September 18, 2012
Jennifer Nelson
The Department of Child Services announced Monday that it will fund a two-month pilot program that will utilize local services to provide help for juveniles with mental health issues.
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Attorney general’s office will now represent DCS on appeal

September 13, 2012
Jennifer Nelson
Indiana Attorney General Greg Zoeller announced Thursday afternoon that the attorney general’s office will take over appellate representation of the Department of Child Services. DCS currently utilizes attorneys of its choice in appellate matters.
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Proposed med mal complaint fee divides Court of Appeals

September 13, 2012
Jennifer Nelson
In a dissent from Judge Nancy Vaidik involving a proposed medical malpractice complaint filed with the Department of Insurance before filing fees were paid, Vaidik claimed Judge James Kirsch created a new test to determine whether a complaint is timely filed and shifted the burden of ensuring fees are paid to the Department of Insurance instead of the attorney. 
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Sept. 11, State Fair compensation expert Feinberg to speak

September 10, 2012
Dave Stafford
Attorney and victim compensation expert Kenneth Feinberg will speak Tuesday at the Indiana University Robert H. McKinney School of Law in Indianapolis about efforts to compensate victims of the Indiana State Fair stage collapse that included an unsuccessful settlement offer.
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Court correctly ruled toxicology department audit results ‘irrelevant’

September 6, 2012
Jennifer Nelson
The Hamilton Superior Court properly denied a defendant’s attempt to elicit testimony concerning the reliability of toxicology test results from the Indiana Department of Toxicology dealing with an audit of tests performed by the department from 2007 to 2009, the Indiana Court of Appeals held Thursday.
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Judges: employee discharged for just cause

August 31, 2012
Jennifer Nelson
The Indiana Court of Appeals reversed the finding by an administrative law judge and the Indiana Department of Workforce Development that an employee of a funeral home was fired for just cause.
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DCS admits petition flawed; COA orders more proceedings

August 31, 2012
Jennifer Nelson
The Gibson Circuit Court committed fundamental error in terminating the parental rights of a mother and father over their young child, the Indiana Court of Appeals held Friday. The Department of Child Services admitted that it failed to comply with statute when filing the petition to terminate their parental rights.
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State moves forward with IBM appeal

August 21, 2012
Dave Stafford
Attorneys for the state of Indiana have begun the formal appeal process after a Marion County court in July awarded a $52 million judgment to IBM over cancellation of the company’s contract to privatize social service claims processing.
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Lawmakers seek leader for 'interesting, challenging and unique' post

August 21, 2012
Marilyn Odendahl
The Indiana General Assembly has begun the search for a new executive director of the Legislative Services Agency.
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Tax judge declines to require attorneys represent LLCs in court

August 20, 2012
Jennifer Nelson
The Indiana Department of State Revenue asked the Indiana Tax Court to create a rule requiring limited liability companies be represented by attorneys in court, similar to a rule pertaining to corporations, but Judge Martha Wentworth declined to “invent such a rule where one does not currently exist.”
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DCS taking recommendations for members of child fatality review teams

August 14, 2012
Marilyn Odendahl
The Indiana Department of Child Services has begun the process of establishing child fatality review teams across the state.
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Court issues injunction against BMV

August 13, 2012
Marilyn Odendahl
An Indianapolis single mother of six has had her driving privileges reinstated after a Marion Superior Court judge granted a preliminary injunction in a lawsuit brought by the American Civil Liberties Union of Indiana and private counsel Scott DeVries against the Indiana Bureau of Motor Vehicles.
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Struggles mount for labor

August 1, 2012
Dave Stafford
Indiana this year became the 23rd state to enact a right-to-work law in which workers cannot be compelled to pay union dues. Within months, individual workers in union shops opted out, even as court challenges linger.
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  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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