Jesse Brown v. State of Indiana Department of Child Services
2013 Ind. App. LEXIS 458
| Ind. Ct. App. | 2013Background
- DCS substantiated abuse against Brown as a foster parent involving a ward, Q.F., who testified to alleged abuse and was distressed at the prospect of Brown questioning him in person.
- The ALJ allowed Brown to participate only through counsel during Q.F.’s testimony, with Brown not in the hearing room; the hearing record shows Brown could consult with counsel and cross-examine via counsel.
- The ALJ issued a decision in July 2010 finding abuse by Brown and revoked Brown’s child-care license.
- Brown filed a verified petition for judicial review; DCS moved to dismiss for Brown’s failure to file the agency record timely or seek an extension; Brown argued the Notice of Hearing Decision provided sufficient information for review.
- The trial court partially denied DCS’s motion to dismiss and proceeded to merits, ultimately affirming the ALJ but ordering DCS to reimburse Brown $1,200 for agency-record costs; Brown and DCS cross-appealed.
- This court reversed on the agency-record issue and on the reimbursement order, holding dismissal was proper due to Brown’s failure to file the agency record timely and that the reimbursement award was improper.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Brown’s failure to file the agency record timely requires dismissal. | Brown argues the Notice of Hearing Decision suffices for review and a full record is unnecessary. | DCS contends timely filing of the agency record or a court-ordered extension is a prerequisite to judicial review. | Yes; failure to file timely requires dismissal when the record is needed for review. |
| Whether Brown is entitled to reimbursement for the agency-record costs. | Brown argues he was harmed by DCS’s delay and should be reimbursed. | DCS argues the statute allows cost shifting to the petitioner but there is no automatic reimbursement when the petition is dismissed. | No; the trial court erred in ordering reimbursement. |
Key Cases Cited
- Indiana Family & Social Services Admin. v. Meyer, 927 N.E.2d 367 (Ind. 2010) (agency record required unless reviewed on the record alone; good cause extensions available for inability to obtain record)
- Lebamoff Enterprises, Inc. v. Indiana Alcohol & Tobacco Comm., --- N.E.2d --- (Ind. Ct. App. 2013) (record not always required; where record not needed, review may proceed on limited material (majority view in Lebamoff))
- Jordan v. Deery, 778 N.E.2d 1264 (Ind. 2002) (right to be present at hearing is fundamental; extraordinary circumstances may justify absence)
- Mosco v. Indiana Dept. of Child Servs., 916 N.E.2d 731 (Ind. Ct. App. 2009) (time rules under AOPA; costs may be allocated but not dispositive)
- Wrogeman v. Roob, 877 N.E.2d 219 (Ind. Ct. App. 2007) (time provisions of AOPA are a condition precedent to judicial review)
- Indiana State Bd. of Educ. v. Brownsburg Cmty. Sch. Corp., 813 N.E.2d 330 (Ind. Ct. App. 2004) (administrative review timelines are essential to jurisdiction)