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Judges say order for DCS interviews with children should not have happened

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Scott Roberts for www.theindianalawyer.com

The Indiana Department of Child Services for Crawford County should not have been granted the opportunity to interview two children, the Indiana Court of Appeals ruled, because the order doing so violates their mother’s right to raise her family without undue interference by the state.

The mother has four children. She was on probation for a theft conviction and just had a child in need of services case closed. An unnamed source contacted DCS of Crawford County several times to say the mother and father were doing drugs and there was also domestic violence between the mother and the father. DCS went out to the home a couple of times, once with a police officer, and could not find any evidence of drugs. Also, the children seemed to be well taken care of. Both father and mother eventually completed a drug screen, and both came back clean.

Despite this, DCS filed a motion to control the conduct of mother and father and ordered the family to comply with an interview. The trial court granted an order to interview the two oldest children, and the mother appealed. The trial court stayed the order while the mother appealed.

There was a question of whether this case should be moot, because soon after getting the stay, the mother was arrested after she tested positive for methamphetamine and amphetamine and signed a consent for DCS to interview her children. All the children were adjudicated CHINS. However, the COA said this case can still be decided on the merits because, “Mother’s claims of constitutional infringement on her right to raise her children rests on the premise that Indiana Code section 31-33-8-7 allows the trial court to compel any objecting parent to make his or her child available to DCS for an interview without any evidence that such an interview is necessary.”

In the decision written by Judge Margret Robb, the COA said DCS is required to look into all reports of neglect. However, before an order can be entered overriding a parent’s wishes, DCS must present some evidence beyond a report from an undisclosed source that abuse is occurring. It did not do that in this case.

That state contends that testimony from an officer who investigated the house once during a check was evidence enough as the officer testified the mother had regularly been purchasing the highest legal amount of pseudophedrine. However, those purchases were within the legal limits.

The state also contended it could not show any evidence because it was not able to interview the children. However, the allegations were evidence that should been apparent to the untrained eye, and no one who was in the house during prior investigations noticed anything, the court noted.

The COA reversed the trial court’s decision, finding DCS did not present enough evidence that interviews with the children were needed.

The case is In the Matter of F.S., T.W., M.F., and B.F., and B.S. v. Indiana Department of Child Services for Crawford County, 13A01-1505-JM-363.

Adopt A Pet

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Molly – Molly is a 10-year-old female tortoiseshell cat. Her pictures don’t do her justice! Her $30 adoption fee includes her microchip, vaccines, spay surgery, and more! Call (812) 426-2563, visit www.vhslifesaver.org, or stop by Tuesday-Saturday 12-6 for adoption information!

USI BB bows out of the GLVC Tournament

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WESTFIELD, Ind. – The Great Lakes Valley Conference Tournament came to an end for the 21st-ranked University of Southern Indiana baseball team Friday as it fell to 18th-ranked Quincy University, 12-2, Friday afternoon at Grand Park in Westfield, Indiana. USI sees its record go to 33-19 overall, while Quincy advances with a 36-15 mark.

The Screaming Eagles must wait until Sunday night to receive word on an at-large bid to the NCAA Division II Tournament and the Midwest Regional. NCAA II Midwest Regional pairings are set to be announced Sunday night at 9 p.m. (CDT) on NCAA.com.

The Eagles fell behind early on Friday, spotting the Hawks a 3-0 lead after four innings. Quincy scored once in the third and twice in the fourth to take the early advantage.

USI battled back with single tallies in the fifth and the sixth to cut the deficit to 3-2. Sophomore leftfielder Drake McNamara (Mt. Vernon, Indiana) put the Eagles on the scoreboard with a home run in the fifth, his seventh of the season.

The second Eagle tally crossed the plate in the sixth when sophomore second baseman Sam Griggs(Evansville, Indiana) scored when senior catcher Ryan Bertram (Evansville, Indiana) hit in to a double play to make the score 3-2. The scoreboard would remain the same until the bottom of the seventh when Quincy put the game out of reach with a nine-run seventh to lead 12-2.

Senior third baseman Trent Gunn (Tell City, Indiana) would try to rally the Eagles in the top of the ninth, hitting a two-run blast to shrink the deficit to 12-4. The second home run of the season by Gunn would be the final runs of the contest for the Eagles.

Junior right-hander Lucas Barnett (Sellersburg, Indiana) took the loss for the Eagles. Barnett (6-5) allowed three runs, two earned, on five hits and two walks, while striking out three in 3.1 innings of work. The Eagles would use seven hurlers in the contest, five in the seventh inning alone.

Dr. Bucshon: This Decision is a Win for the Rule of Law

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(WASHINGTON, D.C.) – Eighth District Congressman Larry Bucshon, M.D. released the following statement after a federal district judge ruled the Obama administration unlawfully used taxpayer dollars to fund ObamaCare:

“Today, a federal court reaffirmed that the Obama Administration overstepped its authority by unlawfully funding portions of ObamaCare with taxpayer dollars not appropriated by Congress,” said Bucshon. “This decision is a win for the rule of law, it’s a win for the American people, and it reclaims Congress’ Constitutional power of the purse.” 

The court ruled in House v. Burwell, a lawsuit filed by the House of Representatives, that the Obama Administration does not have the authority to spend taxpayer dollars for payments to insurance companies without an appropriation from Congress. The lawsuit was initiated in July of 2014 after the House passed H. Res. 676.

The Energy and Commerce Committee, of which Bucshon is a member, has conducted an ongoing investigation of the administration’s unlawful payments to insurance companies since February 2015. Unfortunately, the administration has continued to stonewall requests for information; therefore, subpoenas have been issued to the Department of Health and Human Services and the Office of Management and Budget. A timeline of that investigation can be found here: https://goo.gl/dBe2H2.

North High School Music Concert in Garvin Park

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2:00 pm, Sunday, May 15

Garvin Park

On May 15, 2016 at 2:00 pm, the North High School Music Department will present a concert in Garvin Park in conjunction with the Streets Alive Festival.  Funding for this concert is provided by a grant that the North Band received through the Anna Bosse Foundation to provide music in the parks in Evansville.   The Band, Orchestra, Choir and the Huskettes will participate in the program.

The band, orchestra and choir have been competing in the Indiana State School Music Association Contests during the recent weeks and attendees at the concert will be able to hear some of the pieces they performed at these contests.

 

Adopt A Pet

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 Ziba is a 10-year-old female calico. She gets along great with other cats! Seniors deserve forever homes, too, and Ziba is easily only halfway through her lifespan. She’s also front-declawed by a previous owner! Her $50 adoption fee is all-inclusive. Call (812) 426-2563, visit www.vhslifesaver.org, or stop by Tuesday-Saturday 12-6 for adoption information!

Vanderburgh County Recent Booking Records

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http://www.vanderburghsheriff.com/recent-booking-records.aspx

BREAKING NEWS: Zeller Won’t Seek Re-Election In Crowded Attorney General Field

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BREAKING NEWS: Greg Zeller Won’t Seek Re-election In Crowded Attorney General Field

by Dave Stafford of Indiana Lawyer

Zoeller won’t seek re-election in crowded attorney general field

Indiana Attorney General Greg Zoeller will not seek re-election, as at least four Republicans and one Democrat have announced they’ll seek the post.

Zoeller, who was defeated in the May 3 Republican primary for Indiana’s Ninth Congressional District, will not place his name in contention for the Republican nomination for attorney general. Zoeller’s campaign treasurer, Faegre Baker Daniels LLP partner Andy Buroker, confirmed Friday the two-term AG would not seek a third term.

The Indiana attorney general is not a term-limited position, and Zoeller could have sought re-election by filing for the Republican nomination by May 27. That’s the deadline for candidates to file for the party’s nomination. The party will chose its candidate for the November general election at the state Republican convention June 11.

These Republican candidates have filed as of Friday: Former Indiana Attorney General Steve Carter of Crown Point; Sen. Randy Head of Logansport; Elkhart County Prosecutor Curtis Hill; and Abby Kuzma, director of the consumer protection division of the Attorney General’s Office.

On the Democratic side, former Lake Circuit Judge Lorenzo Arredondo is the lone candidate who has filed for the party nomination. Democrats will select their nominee at the party convention June 18. The deadline for Democratic candidates to file for the nomination is June 10.

Zoeller finished third in a four-way primary for the GOP nomination for the seat in Congress with 22 percent of the vote. Trey Hollingsworth won the race with 34 percent of the vote and will face Democrat Shelli Yoder in November.

IS IT TRUE MAY 13, 2016

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IS IT TRUE the Federal Court of Appeals just ruled that an Evansville Police Department officer used unreasonable force when he allowed a police dog to continue biting a man who had surrendered in a 2011 arrest? …the Court ruled that EPD Officer Zachary Elfreich is not immune from a lawsuit alleging that he violated the man’s Fourth Amendment constitutional rights by using excessive force, according to the appeals court?  …the three (3) Federal Court of Appeals .Judges ruled that the used of force is considered reasonable only when exercised in proportion to the threat posed and under the totality of the circumstances, they concluded that a jury could find that Officer Elfreich used excessive force.”?

IS IT TRUE the best part of the last City Council meeting when it was adjourned?

IS IT TRUE the segment held at the end of City Council  that allows public comment is  now dubbed as  the “3 Minutes of Censorship”?

IS IT TRUE the last Vanderburgh County Democratic party political fundraiser turn out to be a financial disaster? …we hear that the  Democratic party Golf fundraiser cost more money to put on than they collected?

IS IT TRUE that Vanderburgh GOP Chairman Wayne Park is one “heck of a political fundraiser”? …this is one of the main reasons why the local Republican party is doing so well in getting out the vote is because they have the money to do so?

IS IT TRUE we hear that a member of the Evansville City Council may have barred an immediate member of their family from attending City Council meetings? …this decision adds a new twist to the meaning of censorship?

IS IT TRUE the Trump–Ryan meeting yesterday opened the door for unity among the Republican party? …we shall soon see if the truce will hold?

IS IT TRUE Mayor Winnecke and his “First Lady” are visiting Germany in hopes of finding potential business opportunities for the City?  …we wonder who they took with them?

IS IT TRUE we are wondering when  the Vanderburgh County Republicans Party caucus will find an opponent for Democrat Ben Shoulders in the County Commissioner race?  …we hear that Mr. Shoulders shall get a free ride from the local GOP?

IS IT TRUE we wish you a safe FRIDAY 13th DAY?

FOOTNOTE: todays “Readers Poll” question is: Do you feel that the Mayors economic trip to Germany on behalf of  the citizens of Evansville is worthwhile?

Copyright 2015 City County Observer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

INTERESTING READ ABOUT DONALD TRUMP

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INTERESTING READ ABOUT DONALD TRUMP

( This article was sent to us by one of our readers. Author is unknown)

Donald John Trump, was born June 14, 1946.

He will be 70 years old on election day.

From the Internet, he is 6’2″ or 6’3′ and weighs between 195 and 200 lbs.

He has a full head of blond/brown hair (which is long and elaborately combed) and blue eyes.

The Internet tells us he wears a size 12 shoe.

Donald Trump was born the fourth of five children who were born over eleven years.

The oldest, Mary Ann, was born in 1937 and is currently a Federal Judge.

His older brother, Fred Jr, died in early adulthood as a result of complications from alcoholism.

He has another older sister, Elizabeth and a younger brother, Robert.

Donald Trump has been married three times.

Trump’s first wife, Ivana, was an immigrant from Czechoslovakia and a divorcee who has been married 4 times in her life. She is a lifelong avid skier and worked in design at the Trump Organization.

Marla Maples, Trump’s second wife is an actress and model

Trump’s third wife, Melania is an immigrant from Slovenia (born in Yugoslavia) and has been a super model.

Two of Trump’s children, Donald Jr and Ivanka, have gone to Penn. Son Eric, went to Georgetown.

Donald Trump tells us that he is Presbyterian.

Donald Trump does not appear to have had any interest in occults, mysticism or exotic mythologies.

Donald Trump’s oldest daughter, Ivanka, and her three children are Jewish.

Trump’s oldest daughter, Ivanka, is married to Jared Kushner who is, among other things, a newspaper publisher. The Kushner family is very successful in New York City area real estate.

Donald’s grandmother, mother, first wife, and third wife are all immigrants.

Donald Trump was born and raised in Queens NY.  Though his family was very wealthy, Trump’s boyhood home in the Jamaica Estates section of Queens was not a grand mansion. The Trump home was a larger version of the homes Fred Trump was building for his tenants.

There are no indications that the Trump family lived among the wealthy elites on vacations or country clubs.
Queens is the largest of New York’s five boroughs and the most ethnically diverse.

Trump attended a local private day school, the Kew Forrest School, in Queens until about 8th grade.
His secondary schooling was at New York Military Academy which is about 60 miles north of NYC in Cornwall on the Hudson. He was the class of 1964.

Trump was never a “Preppie”.
Trump never embraced any aspect of the “Hippie” movement of the time.
Trump was a very good high school athlete – football, soccer, and especially baseball. He had potential to become a professional baseball player.

Even in high school – Trump liked women and women liked him

Trump was generally popular in high school.Tump’s boarding school room mate liked him.

He attended Fordham University in NYC for two years and transferred to the University of Pennsylvania’s Wharton School of Business.

At that time, the Wharton School offered a rare program for Real Estate Business.
Though he was of age, Donald Trump did not serve in Vietnam.  He was not drafted due to bone spurs in his heels (4F) and also student deferments.  Ultimately, in the draft lottery, he drew a high number.

By all we know, Donald Trump does not smoke, drink or use recreational drugs. He’ll be the first President in more than 25 years who hasn’t smoked weed.

BTW: Trump’s children don’t smoke or drink

Trump makes it well known that he enjoys sexual interaction with women.

I am unaware that Donald Trump is a recreational gambler.

His doctor publicly announced Donald to be in excellent health.

Trump Family History – concise version.

Donald Trump’s grandparents immigrated to the U.S. from Alsace (Kallstadt, Germany) which throughout history has been alternately French and German. The Trumps are German, originally speaking the same German dialect as the Amish of Lancaster County, PA.

His maternal grandparents lived in Scotland.   Freiderich (Drumph) Trump made a small but respectable fortune in the late 19th Century in the mining boom towns of the American Northwest.

He returned to Germany to marry his childhood neighbor, Elizabeth Christ.

The newly married Trumps resettled in the Borough of Queens NY
Freidrich was establishing a Real Estate business in Queens when he died suddenly at age 49 (1918).
In 1920, at the age of 15, Fred Trump (Freiderich’s son and Donald’s father), started a business partnership with his widowed mother called Elizabeth Trump & Son.

This business was built upon the real estate holdings that his father, Frederich, had amassed (worth about $500,000.00 in today’s dollars). This is the original “seed money” of the current Trump Organization.
Elizabeth & Fred remained close business partners her entire life (she died in 1966).

In 1936 Fred Trump (age 31) married Mary Ann MacLeod (age 24) of Stoneaway Scotland.
During the depression, Fred Trump built and successfully operated a supermarket (a new concept at the time) which was sold to King Kullen Co. and operates this day.

Fred Trump made a lot of money building housing for the military during WWII.  Fred Trump was investigated by the Justice Department for making “excessive profits” from government contracts.

All (or nearly all) of the building of Elizabeth Trump & Son’s non-government building was residential property in Queens.

Fred Trump died in 1999 (age 94) – beloved and worth between $250 million and $300 million. His wife died a year later.

“The Donald’s” Career

Donald Trump is the greatest career achiever of the “baby boomer” generation.

Donald Trump has reached the zenith in his careers as book author, TV entertainer, sports entertainer, Real Estate developer, and currently politician.

Donald Trump has authored more than 18 books. At least one of them, The Art of the Deal was a top seller.

Donald says that the Holy Bible is his favorite book. The Art of the Deal is his 2nd favorite book. And The Power of Positive Thinking by Norman Vincent Peale is his third favorite book.

He likes golf. Donald Trump has developed more than 11 golf courses which bear his name.

Donald Trump has twice been nominated for an Emmy Award

Donald Trump has a star on the Hollywood Walk of Fame.

Donald Trump has been inducted to the Professional Wrestling Hall of Fame.

Donald Trump has appeared in more than a dozen movies such as Home Alone 2, Zoolander, and Little Rascals

Donald Trump has been a guest actor in more than 6 TV shows such as Fresh Prince of Bel Air, Days of Our Lives, Sex and the City, and others.

Trump has been the Executive Producer of 7 TV shows.

Trump has been the guest host of 5 TV shows such as Extra, Larry King Live, and Saturday Night Live and more.

Donald Trump has been co-producer of the longest running reality TV show.

Donald Trump performed in several WWE wrestling shows.

Donald performed in Wrestlemania 23 which set attendance records and revenue records up til that time.
In his first candidacy for public office, Donald Trump received the most popular votes for the President of the United States out of a field of experienced and successful politicians. And in most cases, he achieved this with less money than any of his opponents.

Keeping in mind that 90% of start up businesses fail, Trump’s record of enterprise is nothing short of amazing.

Donald Trump has enjoyed success in at least 11 very different enterprises: Professional football, Ice Skating rinks, Fragrance, Ice, Steaks, Wines, Model management, Airline, blenders, Men’s wear, Bicycle races, world class beauty contests, and many others. In some of these, such as model management, his firm has risen to the top of that particular industry.

There are 31 buildings that bear his name.

The largest private real estate development in New York is Trump Riverside. Drive down the Henry Hudson Blvd. There are at least 12 Trump Towers.  There are at least 6 Trump Plazas.

There are at least 11 Trump Golf Course developments

Trump Entertainment, casinos and resorts was recently sold to Carl Ichan.

Donald Trump’s personal managing of the Wollman Ice Skating Rink project in the early 1980’s is the quintessential case study for MBA students in Wharton, Harvard, and other business schools. His performance there was phenomenal.

Donald Trump’s privately held businesses have employed more than 200,000 people.
In the casino business in Atlantic City, Trump had to do business with known mobsters – and he stayed “clean” and alive.

Aside from his personal investments, Donald Trump has never been a Wall Street “player”.

The Political Trump:

From 1967 – 1987 – Democrat (he was a supporter of Ronald Reagan)

1987 – 1999 – Republican

1999 – 2001 – Reform Party (he supported Ross Perot)

2001 – 2009 – Democrat

2009 – 2011 – Republican

2011 – 2012 – Independent

2012 – Present – Republican

Donald Trump was openly supportive of Mitt Romney’s candidacy.

Donald Trump does not seem to hold political party organizations in high regard.
For the most part, his political involvement has been for practical reasons.

Donald Trump does not appear to be held to political ideology.

Some Causal Observations of Donald Trump.

Trump has an extraordinarily energetic central nervous system much like Teddy Roosevelt but more targeted to industry and enterprise.

Trump’s presidency will be very energetic, transparent, and communicative.

Trump will be a very hard working President.

His interaction with his older brother (who everybody loved) tells me that he thinks that everybody is like him – or wants to be – or should be.

His relationship with his older brother was a hard lesson in tolerance for him.
Trump is the Babe Ruth of career achievements.

He is dumb like a fox. When you think he just said something stupid – he didn’t. It’s just that you were not his target audience.

His son, Donald Jr.  is a “Blue Collar Billionaire”.

More than anything, his TV show, The Apprentice, was his passion. He wants all Americans to have confidence (like he does) to venture.

Donald Trump is attracted to and marries smart, high achieving women.
The highest levels of a Trump Administration is certain to have many women – and they will be bright and assertive.

Donald Trump’s children are very important to him. And it shows.

FOOTNOTE:  We know very little  about our current President. 

FOOTNOTE: POSTED  by the CCO WITHOUT OPINON, BIAS OR EDITING.

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