Jennifer Nelson for www.theindianalawyer.com

The state presented sufficient evidence that a Hamilton County woman operated a child care home under the law, the Indiana Court of Appeals held Thursday in affirming her convictions related to a death of a child while in her care.

Stacey D. Cox operated an unlicensed daycare from her home and advertised her services through her website. In September 2012, the Family and Social Services Administration, after receiving a complaint, investigated Cox and twice found she was violating the law by watching more children than allowed. Indiana law defines a child care home as a residential structure in which at least six nonrelatives are receiving care from the provider for regular compensation.

But after several warnings to become licensed and follow up visits by the FSSA, the agency found that Cox was not watching more than five unrelated children, so no other action was taken.

In January 2013, 3-month-old C.T., who began going to Cox’s daycare two months prior, was found unresponsive by Cox’s daughter, Kirsten Philips, in the broken pack-and-play they placed him in for a nap. He had sunken into the broken part of the pack-and-play and was not breathing. He was taken to the hospital, but died from the accident.

Cox faced several charges from the incident, including Class D felony involuntary manslaughter and Class B misdemeanor operating a child care home without a license, which are at issue in her appeal, Stacey D. Cox v. State of Indiana, 29A05-1312-CR-637.

She argued the state didn’t prove she operated a child care home under I.C. 12-17.2-5-28.6, but the judges pointed to testimony from other parents who brought their children to her home for daycare, who testified they used Cox for full-time or part-time child care during this time period. Based on this testimony, the jury was able to infer that the seven other children found in Cox’s home – in addition to the unrelated C.T. and his sibling L.T. – were also unrelated to Cox, Judge Edward Najam wrote.

The state also proved that she provided care for at least six unrelated children for compensation, which would put her in violation of the law requiring she obtain a license to watch that many unrelated children.

Indianapolis, IN- The Indiana State Police has been notified, on behalf of Attorney General Eric Holder, that the U.S. Department of Justice, Office of Community Policing Services, has awarded ISP funding under the 2014 Anti-Methamphetamine Program Grant (CAMP). ISP has been awarded $567,000 in federal funds over the next two year grant period.

All funds awarded under CAMP must be used to investigate illicit activities related to the manufacture and distribution of methamphetamine. Funds awarded in this program shall be used exclusively for investigative purposes to locate or investigate illicit activities, including precursor diversion, laboratories, or methamphetamine traffickers.

According to statistics from Indiana State Police Meth Suppression Section, Indiana led the nation last year in the number of meth lab seizures with a total of 1,808 seizures taking place throughout the state, a 4.7 percent jump from the 1,726 incidents reported the previous year.

Indiana State Police Methamphetamine Suppression Section (MSS) Commander, First Sergeant Niki Crawford, said that the Indiana State Police is honored that its grant submission was fully funded from the grant proposal submitted. “Since the formation of the state’s full-time methamphetamine suppression section in 2006, MSS personnel have been working to educate residents, community leaders, business owners and others,” Crawford said. “That focus has led to more people reaching out to police when they see what they believe to be meth-related activity. We are pleased that our efforts have proven that community partnerships work in fighting crime.”

The number of Indiana State Police personnel with the training to respond to meth lab crime scenes has grown in recent years. In 2006, 23 people were considered full-time personnel, according to the Indiana Methamphetamine Suppression Section website. There are now 19 full-time personnel and an additional 111 clandestine lab team members.

Additional information and statistics on methamphetamine and clandestine labs in Indiana can be found at the Indiana State Police website at www.in.gov/isp then click on the link “Meth Investigation System”
Anonymous tips concerning illicit drug activity can be made at the Meth Investigation website or by calling the ISP drug tip line at 1-800-453- 4756.

If your group or business would like to receive a presentation on methamphetamine and clandestine labs contact First Sergeant Niki Crawford at (317) 234-4593.

Below are the top ten Indiana meth lab counties from January thru August 2014.

Top Ten Counties
1 Delaware 89 D51
2 Noble 39 D22
3 Kosciusko 37 D24
4 Dekalb Elkhart 35 D22 D24
5 Decatur Monroe 32 D42 D33
6 Allen Vanderburgh 31 D22 D35
7 Miami 30 D16
8 Madison 26 D51
9 Tippecanoe 25 D14
10 Clark 25 D45
Total 369 38%
Total Labs 981

By Lesley Weidenbener
TheStatehouseFile.com

INDIANAPOLIS – Gov. Mike Pence appeared on a webcast with health care workers Thursday to talk about Ebola and the state’s preparations should the disease arrive in the state.

“At this time, we have no reported cases of Ebola virus in Indiana,” Pence said. “However, there is no doubt that the Ebola virus has been a cause for international concern and is a growing concern here in the U.S., now more than ever.”

Pence joined incoming State Health Commissioner Dr. Jerome Adams – who was appointed just Wednesday – to say the state has managed emerging diseases in the past, including the H1N1 Pandemic Flu in 2009 and the first U.S. case of Middle East Respiratory Syndrome earlier this year.

“The professionalism, dedication and medical expertise demonstrated by our public health and healthcare community during these and other outbreaks gives me confidence that we are prepared to effectively respond to Ebola in our state, should we get a case,” Pence said.

The Ebola outbreak has killed more than 3,800 people, most of them in West Africa, where the epidemic is centered, according to the Centers for Disease Control and Prevention. Six people have been treated in the United States for the disease, although five of them were diagnosed overseas and flown back to the U.S. for treatment. The sixth – a Liberian – became ill while visiting Dallas, where he died while in treatment.

The CDC and the Department of Homeland Security announced it will begin new layers of entry screening at five U.S. airports that receive more than 94 percent of travelers from the Ebola-affected nations of Guinea, Liberia, and Sierra Leone. Indianapolis is not the list but the nearby Chicago-O’Hare airport will implement the new screening next week.

In Indiana, the State Department of Health has been working to track the virus and learn lessons from Texas and Nebraska, where Ebola patients have been or are being treated. The CDC has released guidelines to help hospitals and health care workers identify patients who might be suffering from Ebola and move them into isolation quickly.

“As healthcare providers, you are on the frontlines of this and other battles with infectious diseases,” Pence told those on the call. “Working together, we will be prepared to face the challenges posed by managing and treating any emerging disease.”

By Lesley Weidenbener
TheStatehouseFile.com

INDIANAPOLIS – Live dealers in race-track casinos. Riverboat gambling operations rebuilt on land. And more assistance for a resort in French Lick.

Those are among the ideas that a panel of lawmakers appears increasingly likely to recommend to try to prop up a gambling industry rocked by competition from Ohio and other states. The group is expected to vote at an Oct. 30 meeting.

But even if the Public Policy Study Committee endorses the proposals, they’re far from a done deal. The full state legislature would have to approve the changes when they meet again next year – and the panel that has discussed the tweaks to Indiana’s gambling laws is considered friendlier to casinos’ interests than the full House and Senate.

Still, the study committee endorsement would matter, especially because the proposals include some that have been pushed by the casino industry unsuccessfully for several years.

“Whether we like it or not, we’re partners” in the industry,” which produces about $400 million annually in revenue for the state budget, said Rep. Matthew Lehman, R-Berne. That’s down from $600 million a few years ago, before casinos opened in Ohio and siphoned customers away from gambling operations in Southeastern Indiana.

“We need to try to take a pragmatic approach” aimed at keeping the casinos competitive, Lehman said.

Chairman Tom Dermody, R-LaPorte, said consensus is building for several ideas the gambling industry has been pushing for years.

“I think you saw a lot of support for some reform,” Dermody said after the meeting. “That could lead into some momentum into the (2015) session.”

Among the proposals is one that would let the state’s 10 casino boats rebuild operations on land – as long as the new buildings remained in the resorts’ current footprints. But defining the latter is key.

The operators of several casinos testified Wednesday they have plans that would include rebuilding on property they already own that’s close to their existing pavilions or hotels. But some lawmakers said they want to ensure that a casino in Northwest Indiana couldn’t buy land in Indianapolis and then claim that’s part of its footprint.

“We are entering some areas that could be very gray,” Lehman said. “These definitions need to be very firm.”

But officials from Majestic Star – which operates two casino boats in Gary – eased lawmakers’ concerns a bit by announcing they had abandoned plans to relocate their operations several miles away to a spot just off Interstate 80/94. The casino had been pushing that proposal for several years, but lawmakers have been reluctant to OK the change.

On Wednesday, Majestic Star President Pete Liguori said the new plan is to combine the two boats into one land-based operation that would sit in front of the casino’s hotel. “We think of it more as a relocation than an expansion,” Liguori said.

He said the change in plans is a reflection of the existing political reality. “Sometimes you want to swing for a grand slam,” which would be the location near the interstate, he said. “But what you really need is a single or double. We decided to go for the single or double.”

Building on land – rather than on a boat – allows for larger casinos, generally on one floor, eliminating the need for customers to traverse stairs or use elevators. It also allows operators to incorporate more restaurants, bars and other amenities into the casinos. That makes the operations feel more like casinos in Las Vegas.

It’s also cheaper and easier to add more gambling positions and potentially generate more revenue.

But lawmakers are eager to avoid using the term “expansion” to define any changes they’re considering. That’s in part because a number of legislators have pledged to oppose any gambling expansion – as has Republican Gov. Mike Pence.

“Because these would be in the same footprint as the existing operations, this would not be an expansion of gambling,” said Sen. Ron Alting, R-Lafayette.

Neither would adding live dealers at the state’s horse track casinos in Anderson and Shelbyville, their managers argued.

The legislature originally sought to authorize the so-called “racinos” as slot machine-only gambling operations. But the way the General Assembly wrote its definitions, the racinos were able to install electronic table games. They look and feel much like a typical blackjack, craps or poker games but cards are dealt and dice are thrown on a computer screen as players make their bets.

Centaur Gaming, which owns both racinos, now wants live dealers, a move they say would add about 600 jobs – a number that includes positions added in Shelbyville and Anderson minus those that would be lost at other Indiana casinos with reduced traffic under the change. Centaur President Jim Brown said the addition of live table games could also boost state revenue from gambling by some $75 million annually.

“This is a tremendous opportunity for us,” Brown said. “And it would help Indiana’s gaming industry respond to a real and viable threat.”

But the folks at the French Lick Resort, home to one of the state’s smallest casinos, say they’ll likely lose half their table game players if the racinos get live dealers. That’s because a large share of their customers come from the Indianapolis area and Shelbyville and Anderson are closer.

Still, Steve Ferguson, chairman of Cook Group, which owns the French Lick Resort, said he’s not necessarily opposing the racinos’ request for live dealers. Instead, he said he wants lawmakers to consider reducing the French Lick casino’s tax rates to compensate it for the losses.

“I understand their business model and the state’s business model and I’m not going to oppose it,” he said. “But if in in fact it’s done, we have to have some concession.”

Dermody said after the meeting that it’s less likely the state would cut French Lick’s tax rate than provide it with other incentives or assistance with tourism or other issues. Still, Dermody said the state must do something.

“We can’t just forget about French Lick,” he said. “But that issue might be bigger than just what this committee can do.”

Lesley Weidenbener is executive editor of TheStatehouseFile.com, a news website powered by Franklin College journalism students.