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Wednesday, January 04, 2006

Ind. Gov't. - Lawsuit seeks to block closing of Silvercrest [More]

Lesley Stedman Weidenbener and Dick Kaukas of the Louisville Courier Journal report that a lawsuit has been filed by "a group of parents and the union representing state employees" to block closing of Silvercrest Children's Development Center in New Albany. Some quotes from the story:

Their lawsuit, filed in Floyd Superior Court, claims that Gov. Mitch Daniels lacks authority to close the center because it was created by legislation and exists under that statute.

"The governor and the Department of Health have scheduled the facility for closure without the approval of the legislature," Mary Jane Lapointe, an Indianapolis attorney who represents the families and employees, said in a statement. "Silvercrest is a unique facility, providing services to disabled children that are not available anywhere else." * * *

[T]he lawsuit requests a temporary injunction to stop the state from moving students out of the center and a permanent injunction to prohibit the closure. * * *

At issue is whether state law requires Silvercrest to operate. The law says that Silvercrest "shall provide" services to children with multiple disabilities who are not making progress in their home public schools.

Also, the suit claims the state violated state law by failing to consult first with the Silvercrest Advisory Committee, which is charged with recommending improvements or changes at the center.

But Lance Rhodes, assistant commissioner of the state Health Department, said yesterday that he believes Monroe, the health commissioner, has the authority to close the center.

Indeed, the same state law cited in the lawsuit also includes this line: "The state health commissioner ... has complete administrative control and responsibility for the center."

[More] See also this 12/28/05 ILB entry involving last month's effort to prevent the takeover of the Fort Wayne State Developmental Center.

Posted by Marcia Oddi on January 4, 2006 07:27 AM
Posted to Ind. Trial Ct. Decisions | Indiana Government | Indiana Law