ILNews

Legislature announces summer study committees

Back to TopCommentsE-mailPrintBookmark and Share

The Legislative Council of the Indiana General Assembly has assigned the study topics various committees will examine this summer and fall. Some of the areas include creating a centralized department of administrative law judges and review of various Department of Child Services practices.

The Commission on Courts will look at whether ALJs should be organized under one department within the Office of the Indiana Attorney General. The commission will look at the fiscal impact and logistics of implementing what is known as the “Texas model.”

Senate Enrolled Act 286 spelled out several areas that the Department of Child Services Interim Study Committee will take a look at this year, including progress and improvements made by the department since its creation in 2005. The committee will also look at how it’s determined whether a family or child is eligible for DCS services, critical problems within DCS, and the communication between family court and DCS to collaborate on families’ involvement in each entity.

The Commission on Mental Health and Addiction is also going to look at juvenile matters brought up in SEA 286. The commission will study whether prosecuting attorneys should be allowed to file a petition alleging a child is in need of services under Indiana Code 31-41-1-6. A Morgan County judge recently ruled in a CHINS case that DCS is correct that a prosecutor does not have statutory authority to file a CHINS petition. The Morgan County prosecutor met with DCS prior to filing the CHINS petition, but DCS did nothing until the prosecutor filed the CHINS 6 petition. DCS argued that only it had the authority to file CHINS petitions.  

Morgan Circuit Judge Matthew G. Hanson wrote in his May 15 order that it seemed like a “grave mistake” for the Legislature to previously remove prosecutors or anyone else from the ability to file these cases. Hanson wrote that the issue presented in this case cannot be left to die as it is one that is likely problematic throughout the state in regards to how DCS is refusing to handle mental health and disease cases as they should be.

The Criminal Law and Sentencing Policy Study Committee will examine the provisions of I.C. 24-4-18 regarding criminal history providers and the need for any legislation to amend that statute before it takes effect July 1, 2013. As of that date, a criminal history provider must update its records annually to remove inaccurate information and information that has been expunged, restricted or limited; and only disclose certain information relating to a conviction. House Enrolled Act 1033 makes it a Class B infraction for an employer to ask if a person’s criminal records have been sealed or restricted and sets out the method for a court to convert a Class D felony conviction to a Class A misdemeanor conviction.

The committee will also study the criteria necessary to require someone to register as a sex or violent offender, how long one should remain on the registry, and what constitutes relief when registration requirements have been fulfilled.

A complete list of the study committees and topics is available here.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

ADVERTISEMENT