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 ISSCH Court Hearing Thursday in Rushville

February 18, 2009 - A hearing is scheduled for Thursday morning in the Rush Circuit Court in an action seeking to halt closure of the Indiana Soldiers’ and Sailors’ Children’s Home until state lawmakers have a chance to address the issue.

The plaintiffs in the case, a 17-year-old resident-student of the Home and the ISSCH Alumni Association, filed a petition seeking a preliminary injunction against Gov. Mitch Daniels and the Indiana State Department of Health, on Feb. 5. As the agency that oversees and administers the Home under current state statutes, the ISDH and State Health Commissioner Dr. Judith Monroe are leading the efforts to close the Home at the end of the current school year.

The petition, filed by Indianapolis attorney Everett Powell II, a Home alumnus, has two objectives: keeping the Home open until the legislature has an opportunity to deal with issue; and preventing the state from removing property from the Home until ownership of the items has been established. If an injunction is not granted, Powell says in the petition that the plaintiffs would both suffer irreparable harm.

The Archives Division of the state’s Commission on Public Records removed a small number of items from the Home in late January, before Powell filed this court action. Since then, the ISDH has asked that the items be returned to the Home until the facility is closed.

Speaking to The Banner last week, representatives for the governor and the ISDH told The Banner their respective offices were aware of this pending court action. However, both refused to comment on the merits of the case.

Tomorrow’s hearing is scheduled for 9 a.m. in the Rush Circuit Court. The proceedings are open to the public.

 

 

 

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