SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.Â
DON’T GOÂ TO COURT ALONE. CALLÂ IVAN ARNAEZÂ @ 812-424-6671.
Justices: Adoption agency didn’t breach duty to couple
By, TheIndianaLawyer.com
The Indiana Supreme Court ruled 4-1 in favor of an adoption agency that it did not have any duties with respect to the putative father registry in excess of statutory requirements. A couple who adopted a baby through the agency – only later to have her removed from their care after the biological father contested the adoption – sued the agency alleging negligence.
Jason and Justina Kramer entered a contract with Catholic Charities in order to adopt a child. The agency told the Kramers that they had the right to obtain information about the risks and benefits of the services they will receive and warned them that even if a mother puts her child up for adoption, a father could still claim custody. Catholic Charities had a statutory obligation to check the putative father registry at least one day after the close of the father’s 30-day deadline to register, which is triggered by the baby’s birth date. Catholic Charities also had an internal unwritten practice of checking the registry once after intake of the birthmother as a client and again right before placement of the child with a potential adoptive family.
A mother agreed to have the Kramers adopt her baby born May 1, 2010. Catholic Charities asked the Indiana Department of Health to check on May 25 and June 1 whether anyone registered as the putative father of the baby girl. A first search showed no potential fathers; a second search showed R.M. registered as the putative father of the baby on April 27. No one can explain why that registration did not show up on the first search.
The Kramers continued with the adoption despite learning of R.M.’s registration. R.M. later contested the adoption and the baby was placed in his custody eight months later, after paterntity was established.
The Kramers alleged Catholic Charities was negligent because it should have checked the registry prior to placing the baby with them and should have notified the couple of its failure. The agency moved for summary judgment, which the trial court granted. The Court of Appeals, in a split decision, reversed.
Justice Mark Massa, writing for the majority, affirmed the trial court in Jason and Justina Kramer v. Catholic Charities of the Diocese of Fort Wayne-South Bend, Inc., 71S03-1506-CT-350, which presented at least two issues of first impression for the court.
The Kramers argued that irrespective of the statutory obligations, the adoption agency had a duty to check the registry prior to the baby’s placement. But Massa pointed out they did not cite any authority or evidence beyond Catholic Charities’ informal practice of conducting such pre-placement checks. He also wrote that Catholic Charities, based on its agreement with the Kramers, did not have a duty to disclose its failure to conduct a pre-placement check of the registry.
The Kramers’ argument that had Catholic Charities done a pre-placement check and discovered R.M.’s adoption, the couple would never havea accepted placement or pursed adoption, does favor the imposition of a duty. But forcing adoption agencies to disclose every instance of compliance or non-compliance with their internal procedures could impose significant administrative costs and diminish agencies’ collective ability to perform this public service, Massa continued.
The Kramers failed to show that Catholic Charities had any duties with respect to the putative father registry in excess of statutory requirements, the majority held.
Justice Brent Dickson dissented, writing that Catholic Charities did not affirmatively demonstrate that its exercise of reasonable care to the Kramers under the circumstances is established by undisputed facts. He believed the negligence claim should proceed to trial.
VANDERBURGH COUNTY FELONY CHARGES
SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.
Below is a list of felony cases that were filed by the Vanderburgh County Prosecutor’s Office on Friday, June 01, 2015
Jamar Banks                  Theft of Firearm-Level 6 Felony
Carrying a Handgun Without a License-Class A Misdemeanor
Stephen Sandefur      Burglary-Level 2 Felony
Battery with Moderate Bodily Injury-Level 6 Felony
Kyle Biggs                   Resisting Law Enforcement-Level 6 Felony
Jasmine Edwards          Battery by Bodily Waste-Level 6 Felony
Resisting Law Enforcement-Class A Misdemeanor
Disorderly Conduct-Class B Misdemeanor
For further information on the cases listed above, or any pending case, please contact Kyle Phernetton at 812.435.5688 or via e-mail at kphernetton@vanderburghgov.org
Under Indiana law, all criminal defendants are presumed to be innocent until proven guilty by a court of law
June 8 For Police Merit Commission Agendas
OPEN SESSION
Monday, June 8, 2015
EXECUTIVE SESSION AT 2:00 p.m.
OPEN MEETING TO FOLLOW
Personnel and Training Conference Room
CALL TO ORDER:
ACKNOWLEDGE GUESTS:
APPROVAL OF MINUTES: April 27, 2015 (Brooks, Hegeman, and Cook,)
APPROVAL OF CLAIMS: Yes
PROGRESS REPORTS:
Progress reports for probationary officers:
Sgt. Loren Martin – SWILEA – 4 officers in the academy
Sgt. Sam Smith – FTO program – 6 officers in field training
MERIT AWARDS: Officers Peter DeYoung, Kyle Thiry, and Matt Taylor – for actions taken on May 3, 2015 for their efforts in saving the life of a critically injured motorcyclist.
REMINDER: Next meeting is Monday, June 22nd at 2:00pm.
ADJOURNMENT:
Governor Pence to Visit Lake County Tomorrow
 Tomorrow, Governor Mike Pence will visit and tour U.S. Steel – Gary Works in Lake County. Later in the afternoon, he will tour Purdue University Calumet and have lunch with students, and will meet with fourth grade students and teachers at Frankie Woods McCullough Academy for Girls. Details below.
Thursday, June 4:
9:30 a.m. CDT – Governor Pence to visit, tour U.S. Steel – Gary Works
*Upon conclusion of the visit, the Governor will hold a media availability starting at 11:15 a.m. CDT outside the General Office Building. Members of the media must arrive by 10:45 a.m. CDT and wear long pants and closed toed shoes.
U.S. Steel – Gary Works, 1 North Broadway, Gary
12:00 p.m. CDT – Governor Pence to tour Purdue University Calumet, have lunch with students
*Media are welcome to attend.
Purdue Calumet, Powers Building – Room 123, 2200 169th St., Hammond
2:00 p.m. CDT – Governor Pence to speak with teachers, fourth graders
*Media are welcome to attend and are asked to check in at the front desk.
Frankie Woods McCullough Academy for Girls, 3757 W. 21st Ave., Gary
IS IT TRUE JUNE 4, 2015
IS IT TRUE the Union Bosses held a ‘MEET AND GREET” candidates lunch at the union hall last week? …sitting at table number #1 was Mayor Winnecke, Jonathan Weaver, Missy Mosby, Jim Brinkmeyer, Laura Windhorst, Rose Young and a couple of union bosses? …sitting at table number #2 were Connie Robinson, Steve and Anne Melcher and Dr. Dan Adams and no Union Bosses? …we are surprised that Mayoral candidate Gail Riecken wasn’t invited to this event? …the people at table number #1 were luke warm towards the people sitting at table number #2?  …the union theme is “It’s not what you did for me before but it’s what you promise you’ll do for me tomorrowâ€?
IS IT TRUE that the Alhambra Board of Directors gave the Arts Council the Alhambra Theater without regard to the role the Arts Council may have, in the future development of the Alhambra Theater? … according to media reports that Representatives from the Arts Council and the Alhambra Board of Directors declined to discuss further details? … get ready for the leadership of both organizations to state this project shall spur economic development and enhance arts and cultural opportunities in the region? Ya, right!!
IS IT TRUE the first order of business for the Art Council and Alhambra Board of Directors is to begin a massive fundraiser to generate approximate $500,000 to renovate the interior shale of the Alhambra Theater before anything can be held in this building? This building may have a record of conducting the longest continual fundraisers in history.
IS IT TRUE if you have any ideas or want to donate to this future project please contact the following 2015 Arts Council Board of Directors? …the Arts Council Board of Directors are: Ann Tornatta, Deaconess Hospital, Dan Carwile, Old National Bank, Robert Musgrave, Chapter 13 Trustee, Eric Renschler, University of Evansville, Kathryn Gieneart, Evansville Courier & Press, Kalah Georgette-Vowels, St. Mary’s Hospital, Shaunda Lynch, Foster, O’Daniel & Lynch, Jack Schriber, Evansville Vanderburgh School Corporation, Alisa Holen, University of Southern Indiana. Anna Beth Pfafflin, VPS Architecture, Julie Graves-Williams, Ivy Tech, Jon Siau, Community Advocate, Ken Haynie III, FC Tucker, Tom Bailey, Vectren, Andrew Herbertz, Tropicana Evansville, Memhet Kocakulah, University of Southern Indiana, Philip Hooper, Berkshire Hathaway, Jeanne Amsler, Ivy Tech, Joshua Armstrong, Director of Downtown Alliance, Kelley Coures, Department of Metropolitan Development, Monte Skelton, Joshua Academy, Jennye Scott, Berry Plastics?
IS IT TRUE we tried to locate the names of the 2015 Alhambra Board of Directors but didn’t secede? …if any of our readers know who they are please send their names to us so we can publish them?
IS IT TRUE that the original design of the new proposed motel downtown had an indoor swimming pool and now the redesign has the pool outdoors?  …it had the expensive UV windows and now the cheapest windows on the market?  …. had central HVAC but now the redesign Hotel has the window HVAC in each room? … had a bar & lounge on the top of the hotel and now the redesign omits the bar & lounge.?  What’s left to omit?
IS IT TRUE that the Ford Center was over four times that of the Hotel project in dollars and came in on time and under budget?  … after three and one half years and millions over budget even before any groundbreaking, there’s still no hotel.?  …the Ford Center, on time and under budget?  . . .new proposed hotel, very tardy and very much over budget?
Please take time and vote in todays “Readers Poll”. Also we just posted the current City County Observer TRI-STATE VOICES TV show for you’re viewing pleasure.
Copyright 2015 City County Observer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
The Life Of An Aging Baby Boomer
Raging Moderate by Will Durst
Population scientists describe the Baby Boom generation as anybody born between the years 1946 and 1964. Which means the youngest of the Baby Boomers turned 50 last year, and the oldest will turn 70 next year, which is just so wrong. We Boomers are the architects of the youth culture. We invented young people for crum’s sakes. We’re the Pepsi Generation… that had a minor fling with Coke.
But fear not. As we evidenced throughout the entirety of our flower-powered history, this autumn of our lives will be charged into with unwavering optimism, a firm commitment to affect positive change and pockets full of drugs.
The first item of business that needs to be put in order is the nomenclature. Is it really necessary to refer to us as elderly seniors winding down our golden years? We’re vintage. Classic. Enduring. Seasoned. Steadfast. Resilient. Ripe. And accumulating ripagosity every day.
But all you kids out there shouldn’t think that growing old is all gloom and doom. No. No. No. There’s an equal amount of marvelous traveling hand in hand with the gruesome. Compare for yourself, the 10 major advantages and disadvantages of being an aging baby boomer.
The 10 Major Disadvantages to Being an Aging Baby Boomer.
1. Exorbitant cost of replacement parts.
2. Sex and drugs and rock and roll and now naps.
3. When acid flashbacks meet dementia. On Prozac.
4. Turns out that old adage was right: the good DO die young. Which explains why we’re still here.
5. Your children are no longer reliable sources when it comes to tech support and all the grandchildren have lost the ability to pick up a phone.
6. Grandma’s field of butterflies tattoo is now a flock of pterodactyls.
7. Looking at Harold & Maude from Ruth Gordon’s point of view- not Bud Cort’s.
8. Rumors abound that despite the name, sexagenarians, alas, don’t really engage in a lot of sex.
9. If the definition of insanity is doing the same thing over and over expecting a different outcome, getting old means doing the same things you always did, with constantly varying results.
10. No jet packs.
The 10 Major Advantages to Being an Aging Baby Boomer.
1. Fewer peers means less peer pressure and it diminishes every day.
2. The phrase: “lifetime supply†becomes a much more imaginable concept.
3. Always one ear hair so long and thick you can cut cheese with it.
4. No longer have to worry about being the fresh young thing in prison. Sweet.
5. Knees are better at predicting the weather than that guy on TV.
6. Just saying “irritable bowel syndrome†creeps young people out so much they go away.
7. Can always tell people the battery in your hearing aid is shorting out, even when you’re not wearing a hearing aid.
8. Totally lack the energy and often forget to keep lifelong grudges active.
9. The Rolling Stones can be heard in elevators.
10. Going to the bathroom 3 times a night turns out to be a highly effective means of home security.
——-
Copyright © 2015, Will Durst, distributed by the Cagle Cartoons Inc. syndicate.
The Robot Zoo June 8- Sept 7
Quick Fact Sheet
Exhibit Title: The Robot Zoo
A traveling children’s exhibit that reveals the biomechanics of giant robot animals to illustrate how real animals work. (2,500 square foot interactive exhibit)
Itinerary:
The Kley Exhibit Hall at Mesker Park Zoo & Botanic Garden welcomes it’s first traveling exhibit. Zoo visitors can explore The Robot Zoo daily from June 8 -September 7, 2015. Cost is $2.00 (or 2 tokens) to enhance your zoo visit with this unique exhibit experience.
Tongue Gun – Triggering a joystick on the model of a robot chameleon’s head fires a long tongue at insect targets to show how the reptile catches food.
Hide and Seek – Children can blend in like a chameleon. Wearing a coat that matches a wall in the background, kids can watch themselves appear and disappear on a video monitor.
Swat the Fly – This activity tests participants’ reaction time (about one-twelfth as fast a house fly’s). Visitors use their hands to “swat†each fly as it lights up.
Sticky Feet – Kids, wearing special hand and kneepads, can try to stick like flies to a sloping surface.
Robot Animals: Chameleon, Platypus, and Housefly
Highlights:
Three robot animals and eight hands-on activities reveal the magic of nature as a master engineer.
Engaging Interactives
Chameleon
1. Keep an Eye on You
The robot model of a chameleon’s head shows how the real reptile views the world: through eyes that work independently. As visitors move each of the robot’s eyes with a joystick, they can see on two color monitors the separate images the robot’s eyes “see.â€
2. Tongue Gun
Triggering the Tongue Gun demonstrates how a real chameleon shoots out its long, sticky-tipped tongue to reel in a meal. Sharpshooters use a joystick to aim the head of a robot chameleon, then press a button to fire its long tongue at one of several insect targets.
3. Hide and Seek
Visitors can blend in like a chameleon. Wearing a coat that matches a wall in the background, visitors can watch themselves appear and disappear on a video monitor as they move back and forth in front of the wall.
Platypus
4. Mister Platypus
Visitors of all ages can build a platypus or their own whimsical creature by adding different animal parts, such as an alligator’s tail or an elephant’s trunk, to the model of a platypus’ body
5. Robot Body Shop
Drum mounted machine parts allow visitors to manipulate some of the mechanical devices used to construct the robots, such as hinges, pumps, springs and shock absorbers.
Housefly
6. Eye to Eye
Visitors can stand behind a 5-foot-tall cutout of a housefly and get a fly’s-eye view through two 19-inch compound eyes. A real housefly can’t see fine details unless it’s up close, but its eyes (each with about 4,000 six-sided lenses) can detect even the slightest movement in all directions.
7. Swat the Fly
This activity tests participants’ reaction time (about one-twelfth as fast as a housefly’s). Visitors use their hands to “swat†the backlit image of each fly as it randomly flashes.
8. Sticky Feet
Visitors wearing special hand and kneepads can try to stick like flies to a sloping surface.
USI Super Summer sessions open for registration
USI’s Education Services and Partnerships in Outreach and Engagement, will offer two, one-week Super Summer sessions for children ages Pre-K4 through 14. Morning classes from 9 – 11:30 a.m. and afternoon classes from 12:30 – 3 p.m. will be available. Operating every summer since the early ‘80s, Super Summer has provided a variety of enrichment opportunities to hundreds of children.
Session one will take place June 8-12 at Hebron Elementary, located at 4400 Bellemeade Avenue in Evansville. The second session will take place July 6-10 at the University of Southern Indiana. Classes offered include Spy Academy, Radical Robots, Building Balsa Wood Bridges, Passport To…, Hands-On Art, Learn Español and more.
In celebration of New Harmony’s recent bicentennial, a special weeklong, multi-disciplinary course (Bugs, Shells and Pottery: 201 Years of New Harmony Science and Art) will be held June 15-19 from 8 a.m. to 4 p.m. A limited number of students in grades 6-8 will spend five full days in New Harmony engaging in activities focused on entomology, architecture, geology, pottery and more. Transportation will be provided and students should bring a non-perishable lunch, water bottle, hat, sunscreen and bug spray.
Registration is $90 for each course or $85 per course when registering the same child in more than one class or when registering two or more children at the same time. The New Harmony course is $130 and includes transportation from USI to New Harmony.
Evansville Vanderburgh School Corporation students, who are eligible for the free and reduced lunch program, may enroll in two courses for a reduced fee of $10. Reduced-fee enrollments are limited and do not apply to the New Harmony class.
Free lunchtime supervision will be available for those enrolling in both morning and afternoon classes. Children enrolled all day and staying for lunch must be five years or older and should bring their own non-perishable lunches and drinks.
For more information, including a complete Super Summer schedule and registration information, visit USI.edu/SuperSummer, or call USI’s Outreach and Engagement at 812-464-1989.
Congratulations 2015-2016 Global Scholars!
The Institute for Global Enterprise is pleased to announce the Global Scholars for the 2015-16 academic year. Congratulations to Dr. Robert Dion, Department Chair of Law, Politics, and Society, and Associate Professor of Political Science; Dr. Lora Becker, Associate Professor of Psychology; and Dr. Atefeh Yazdanparast, Assistant Professor of Marketing. Each Global Scholar will receive a stipend and travel allowance.
Robert Dion
Dr. Robert Dion
Department Chair, Law, Politics and Society
Associate Professor of Political Science
Dr. Dion will pursue original research into the treatment of religious groups in contemporary Western democracies. Important cross-cultural tensions have flared up in recent years in Canada, France, the United Kingdom, and the United States – including right here in Indiana this year. In many instances, the disputes have revolved around how to accommodate the wishes of religious minorities. A comparative case study could yield a richer understanding of why some nations approach these matters in the ways that they do.
Lora Becker
Dr. Lora Becker
Associate Professor of Psychology
Atefeh Yazdanparast
Dr. Atefeh Yazdanparast
Assistant Professor of Marketing
Drs. Becker and Yazdanparast will collaborate on cross-cultural neuromarketing research examining emotional responses of citizens in a collectivist culture (China) as compared to those living in an individualistic culture (Australia). They will be consulting with Rafal Ohme, PhD, Visiting Professor at Renmin, University of China; and Saman Khajehzadeh, PhD, Assistant Professor of Marketing and Mr. Lee Marquardt, Behavioral Laboratory Administrator, Department of Marketing, Monash University, Melbourne, Australia about neuromarketing techniques and procedures.
As Global Scholars, the recipients of this award will engage in scholarship, curriculum development, and activities related to preparing our students and community for global leadership, citizenry, and success. The Global Scholars program is supported by the John H. Schroeder Global Scholar Endowed Fund and Lilly Endowment Inc.