High Court Reverses Termination Of Father’s Parental Rights

first_imgHigh Court Reverses Termination Of Father’s Parental RightsOlivia Covington for www.theindianalawyer.comA Montgomery County father’s parental rights have been restored after the Indiana Supreme Court held Friday that lower courts erred in granting and affirming the Department of Child Services’ petition to terminate them.In the Matter of the Termination of the Parent-Child Relationship of Bi.B. And Br.B, D.B. and V.G. v. Indiana Department of Child Services,54S01-1612-JT-630, D.B. and V.G. had custody of five children – their two daughters together, Bi.B. and Br.B., and V.G.’s three sons from a prior relationship whose father had died. After the Indiana Department of Child Services learned that the parents were using methamphetamine and leaving their children unsupervised in a dirty home, the children were adjudicated as children in need of services and were eventually removed from the home in July 2014.As a result of the children’s removal, V.G. and D.B. were ordered to participate in drug screenings, supervised visits and various other services, but their participation was only sporadic. DCS thus moved to terminate their parental rights in October 2015.In its petition for termination, DCS alleged that two out of three statutorily required waiting periods applied – that is, a court has found that reasonable reunification efforts were not required, and the children had been removed from the parents and placed under other supervision for at least 15 out of the last 22 months. However, DCS did not argue that the last waiting period, which required that the children were removed from the parents for at least six months under a dispositional decree, applied to the case.D.B., the father, argued that DCS had failed to prove the first two waiting periods and failed to allege the third, which could have actually been proven. Specifically, he said DCS filed the petition five days short of the 15-month anniversary of his daughters’ removal.Despite that argument, the Montgomery Circuit Court granted the petition to termination his and V.G.’s parental rights. The Indiana Court of Appeals affirmed that decision in September 2016, finding that although neither of the waiting-period allegations were true, such error was harmless. The appellate court also found sufficient evidence to support the trial court’s decision.Only D.B. sought transfer, and in a unanimous opinion handed down on Friday, the Indiana Supreme Court reversed the lower courts’ decisions to terminate his parental rights.In an opinion authored by Chief Justice Loretta Rush, the state’s high court first noted that “the right of parents to raise their children is ‘perhaps the oldest of the fundamental liberty interests.’”Under the plain language of Indiana Code 31-35-2-4(b)(2)(A) – which requires that the petition must allege that the 15-month basis “is,” not “will be,” true – the state legislature intended the 15-month waiting period to apply to the day when the petition is filed, as D.B. argued, not to the day of the evidentiary hearing, as DCS argued, Rush wrote.Further, the statutory language holds that the petition “must” allege that at least one of the three waiting periods is true, Rush said. Thus, because DCS did not allege the six-month waiting period, the only one that could have been proven true, its petition for termination of D.B.’s rights fails, the chief justice said.Finally, Rush wrote that state statute holds that “if the court does not finds that the allegations in the petition are true, the court shall dismiss the petition.”“Like ‘must,’ ‘shall’ is mandatory, and we cannot engraft qualifying language onto that directive,” she said.However, because V.G. did not seek transfer, Rush wrote in a footnote that the court summarily affirmed the Court of Appeals’ disposition as to her, though not its reasoning.FacebookTwitterCopy LinkEmailSharelast_img

News story: Education Secretary calls for an end to low value degrees

first_imgUniversities and higher education providers offering poor value degrees are letting down thousands of students and costing the taxpayer millions, the Education Secretary has warned today (26 May).Damian Hinds has called on institutions to drop or revamp courses delivering poor value for money as new analysis shows that on more than one in 10 of all courses, there is a 75% chance that graduates won’t be earning enough five years after leaving university to start making loan repayments.Every subject – from creative arts to medicine – has the potential to generate a positive return, but the percentage of courses where the loan repayment threshold is not met five years after graduation varies from subject to subject. For example, for psychology it’s more than a fifth of courses and for creative arts it is almost 40% of courses. Graduates must start repaying their loans when they earn £25,000 or over – a threshold that was raised by the government in April 2018.Mr Hinds has recognised the need for degrees to be both high value to students and the economy, and urged them to make sure they are using the unprecedented levels of data available to them to make sure they are picking a course and institution that is right for them – also considering alternatives like technical education or new high-quality apprenticeships.The same analysis identified around 20 providers where at least three quarters of all students are still not earning enough to start repaying their loans five years after graduation. While research shows a university degree can improve a person’s earning potential and employability, Mr Hinds believes the figures should be a ‘wake up call’ for universities about their responsibility to deliver the best outcome for students.Education Secretary Damian Hinds said: Our university sector is world class and we are rightly proud of it. Its reputation is built on trust and when young people apply to go to university it is based on the assumption is that a degree will set them up for a bright future – but today’s analysis shows that isn’t always the case. The opportunity to study at university should be open to anyone with the talent and potential to benefit from higher education. With students and taxpayers sharing the cost of higher education it’s right that we challenge those institutions which could appear to be more focused on ‘getting bums on seats’ than getting students into high quality courses worth paying for. That’s why I want universities to be brave and ask themselves if they’re running courses that really help students gain the skills they need for the workforce of tomorrow – if they’re not they should improve them or end them. But if universities think other options like apprenticeships or technical education are a better fit for a student, they should give young people that advice rather than put them on a course that isn’t providing what they need for a bright future. Around 45% of the value of outstanding post-2012 student loans are not expected to be repaid, which comes at a significant cost to the taxpayer.Mr Hinds says it isn’t right that institutions benefit from student loan funded fee income for delivering poor value courses, as students and taxpayers are the ones that suffer.Research shows that graduate salary is an important driver when it comes to choosing a university. Universities have benefitted from a sustained period of investment and growth, but this increase in capacity has not always been in those areas that deliver most benefit for students or society.Mr Hinds’ comments come as an independent panel conducting a review into post-18 education and funding finalises its recommendations to government.The Prime Minister has previously made clear that value for money will be a key part of the government’s review, which will identify how to help young people make more effective choices between different study routes after sixth-form or college.As the new universities regulator, the Office for Students (OfS) has made it a condition of registration that a higher education provider must deliver successful outcomes for all of its students. The OfS has the power to intervene where a provider is not meeting this criterion and impose sanctions, where in the most serious cases could include deregistration.last_img

The Suffers Launch GoFundMe After $30k Worth Of Gear Is Stolen During Tour Stop In Dallas

first_imgThe Suffers are unfortunately the latest victims of musical thievery, as up to $30,000 worth of equipment was stolen out of their mobile trailer following their appearance at Homegrown Festival in Dallas, TX earlier this month.Related: The Suffers Release Riveting Soul-Lathered “All I Want To Do” VideoThe band has launched a GoFundMe crowdsourcing campaign in hopes that their fans can help get them through this financial nightmare. According to the campaign, the theft of their equipment occurred after the band was forced to park their van and trailer containing all of their equipment at an unguarded parking lot in Dallas after the van began to break down. Members took with them as much gear as they could, but sadly some of the larger items had to be left behind in the trailer. Security guards would eventually notice that the trailer had been stolen the next morning, but by that time it was too late and Dallas police would go on to find the trailer both damaged and empty a few days later.Of the $30,000 worth of equipment that was stolen, items included a pair of two Nord keyboards, their digital monitor mixing rig, merchandise, a Roland drum pad, and a Yamaha snare drum.The band’s singer Kam Franklin also took to Twitter upon the launch of the campaign in stating, “Asking for help is hard as fuck, but it is what it is. Some assholes stole our trailer last week and it was found empty by the police. We launched a GofundMe to help us get through this extremely fucked up time, and we will recover.”Thankfully, local media outlets like Houston’s KHOU News helped shine a light on what happened to the band. Fans can watch the news segment explaining what happened, starting at the 0:35-minute mark in the video below.KHOU 11 News Top Headlines – The Suffers[Video: KHOU 11]The crowdsourcing campaign was launched on Tuesday and as of Wednesday morning, has already racked up an impressive $11,200 of their $20,000 goal.The band is scheduled to continue their 2019 tour campaign with a performance at Mid City Ballroom in Baton Rouge, LA on Thursday, April 24th. Fans can head to the band’s website for tickets and tour information for all of their upcoming performances.last_img

Morrison named Rookie of the Week

first_imgFor his four-goal performance in the Crimson men’s hockey team’s 6-5 overtime loss to Boston University (Nov. 24), Harvard forward Conor Morrison ’13 was named Rookie of the Week by the ECAC on Monday (Nov. 30).His four-goal output — the most by a Crimson player since 1998 (Chris Bala ’01) — now gives him five tallies on the season and ties him with Alex Killorn ’12 for the team lead. Morrison also moves in to second place nationally among freshmen with 0.56 goals per game.Morrison and the Crimson (1-6-2; 1-4-2 ECAC) take the ice on Tuesday (Dec. 1) when they face Brown (1-7-1; 0-4-1 ECAC) in the 154th installment of college hockey’s oldest rivalry. Game time is set for 7 p.m.last_img

Quick Support Pros Deliver Quick Tips in Knowledge Base

first_imgOur Dell Support professionals are always working to resolve issues as quickly as possible. Sometimes that means they occasionally self-publish “Quick Tips” in our Knowledge Base – such as one of this week’s top articles regarding a printing issue with Microsoft Edge.In order to achieve a speedy publication, Quick Tips may represent only partial solutions or work-arounds that are still in development or pending further proof of successfully resolving an issue. As such Quick Tips have not been reviewed, validated or approved by Dell and should be used with appropriate caution.Direct2Dell is designed to bring you news and stories about Dell people, products, services, partners and customers. Often those customers need support for their Dell products. For that, our Dell Support team continuously updates a library of articles called the Knowledge Base.In an effort to make that information even easier to find when you need it, each Friday I will bring you a list of the most highly reviewed articles with appropriate responses to the latest trends we are seeing in our customer inquiries.With these publications you can stay informed about the latest troubleshooting guides and resolutions across various client system lines.Questions about these issues should be left in our Support Forums where trained staff are available to assist, rather than commenting here on Direct2Dell.You can also contact Dell Customer Service or Dell Technical Support for assistance. And, as always, our @DellCares and @DellCaresPro teams are just a tweet away for help.This week we’ve seen a lot of interest in these topics:How to Clear the BIOS PasswordTroubleshooting Slow Performance Issues on my Dell DesktopDell Latitude Memory Compatibility GuideDell WD15: Checking the current firmware version on your wired dockNo auto rotation on XPS 13 9365 and Latitude 7389 2-in-1 systemsThe incorrect page is printed when select ‘current page’ in Edge print previewHow to Use and Troubleshoot the Dell Thunderbolt Dock (TB16)Troubleshooting System Lock Ups or FreezesPrecision 5510 and XPS 9550 swelling system batteryHow to troubleshoot a Overheating, Shutdown or Thermal issue on a Dell PClast_img

Speaker explores music in ancient Greek dramas

first_imgThe Nanovic Institute for European Studies hosted keynote speaker Mary-Kay Gamel as part of its graduate student conference “Classics and/in Performance” in McKenna Hall last Friday morning. Her lecture, titled “Greek Drama: A Musical Theatre,” explored the integrality of music to ancient Greek dramas and stressed the desirability, both for authenticity and for generating meaning, of incorporating music into contemporary theatrical adaptations of those plays. Gamel, professor emeritus of classics, comparative literature and theatre arts at the University of California, Santa Cruz, said her career as a literary classicist was transformed after a “call from Dionysus,” in the form of a petition from an undergraduate theatre major, persuaded her to focus on translating, adapting and staging plays. Performance studies of the texts generate a unique analytical lens for those works, Gamel said.“You can find out things about Greek drama by doing productions that you can’t find out any other way,” she said. “And also, it’s a lot of fun.”Gamel said music is an often overlooked component of classical dramas. References to music in works urge characters to express themselves in song. Gamel said she hopes that contemporary productions will treat textual allusions to music literally.“Song and dance are not optional frills added to ancient Greek drama. They are an essential part of the meaning and effect, intellectual and emotional,” Gamel said. “Song and dance allow the larger-than-life characters to express important ideas and feelings more powerfully, intricately, and effectively than in spoken dialogue. No one would think about doing a production of Verdi’s ‘Don Carlo’ or Sondheim’s ‘Assassins’ without singers and musicians. Why do we continue to accept music-less Greek drama?”Gamel’s address was structured around video clips from modern adaptations of plays such as ‘Prometheus Bound’ and ‘Orestes,’ which employed differing methods to pursue authenticity to the original texts. One based its dances on ancient artwork and costumed its cast in traditional Greek masks; others used chorus lines, hip-hop and tunes borrowed from Beyoncé. Gamel’s productions favored the latter approach.“Here’s the Catch-22 of historical authenticity: the closer a modern production approaches the formal (practices) of its original production, the stranger it will be to a modern audience, and the stranger the effect on a modern audience, the [broader the] margin of their reactions will be from those of the original audience,” Gamel said. To narrow the reaction gap between audiences, a production might pursue “inductive authenticity,” combining tradition and innovation to “lead the audiences to particular responses,” she said. The innovation that this approach allows is conducive to the development of another type of authenticity, one that clarifies the art of adaptation as a project of balancing tradition and development.“My justification for making adaptations is that every ancient Greek playwright did exactly the same. They changed the myths they inherited and sometimes even explicitly criticized their predecessors’ choices,” Gamel said. “This kind of authenticity … is called ‘expressive authenticity’ — the idea that every art work, especially great, complex ones, have emergent value, ideas and possibilities in them that under the right circumstances can and should be expressed. We’re not trying always to capture the original meanings, but to find new ones.”Gamel said the process of adaptation can also discover the pertinence of ancient texts to modern social problems, and utilizing modern music can help to obviate the texts’ contemporary relevancy. The idea of relating Greek dramas to specific communities is part of its history.“Another kind of authenticity I call ‘structural authenticity’ involves evaluating the connection between the performance, its music, the theater in which it’s being performed and the community for which it’s being performed,” Gamel said. “The Festival of Dionysus was a community theater, sponsored by the state, with average citizens performing the roles.“There is a very strong connection to democracy here — you don’t have to be an aristocrat to have artistic ability and training. Theatrical productions at modern community theaters, including those on university campuses, can raise issues important to their community.”Whichever musical styles a production engages to articulate meaning and to pursue these various strains of authenticity, Gamel said what matters principally is that contemporary adaptations use music at all. “Music is one element, I think, which we can believe connects the modern and the ancient world,” Gamel said. “The nature of the music may be different, but the aim is the same: to make clear and powerful the feelings and the issues in this emotional medium, which both ancient read more

22 Don’t cause stress

first_imgBy Gary L. WadeUniversity of GeorgiaA healthy plant is a happy plant. They may not have emotions aswe do, but plants waste no time showing us they’re stressed. Theleast we can do is avoid doing the things that stress them.When it comes to planting in the landscape, you can get cook-bookrecipes for success from your county University of GeorgiaExtension Service agent.But it’s just like baking a cake: If you leave out one or moreingredients, the results will be disappointing.I’ve seen virtually every violation of the planting rules, fromplanting too deep to planting too shallow and leaving part of theroot ball exposed.Preplant stressPlants are often stressed when they’re held for later planting.For instance, when trees lay in the sun on their sides on aconcrete or asphalt surface, they can get severe sunscald andbark damage.You can avoid this stress by covering the trunks of trees withshade cloth or keeping them in the shade before planting.Container plants are often allowed to dry out or aren’t wateredbefore planting. It’s very hard to rewet a dry root ball becausethe container media is made mainly to drain well and the nativesoil around the plant holds water better.Root bluesPot-bound plants often have long-term stress if the root massisn’t opened up. Disturbing the roots of pot-bound plants letswater and nutrients penetrate more freely. It encourages roots togrow outward, too.Improper spacing is a leading cause of plant stress. If ShoreJunipers, for instance, grow 6 feet wide, why plant them 1 footapart? Horizontal junipers form layer upon layer of foliage whenthey’re planted too closely. The result is a thick, dense mass ofgreen that’s a haven for spider mites and foliar diseases.Routine plant shearing is high maintenance and stresses plants,too. It constantly removes new growth and reduces the leaf areafor photosynthesis.Plant flusterEach time the plant funnels energy into new growth, that newgrowth is removed. It becomes a landscape captive, like aprisoner being punished with reduced rations.A growing problem, and a source of severe plant stress inSoutheastern landscapes, is the misuse of herbicides.Roundup, for instance, is widely used to spot-treat weeds aroundplants that tend to form root suckers, such as crape myrtle,ornamental cherries and ornamental crab apples. Sometimes peopleaccidentally get a little Roundup on a few suckers.The next spring, new growth is severely distorted and compressedat the bud, a condition called “bud blasting.” It may take two ormore growing seasons for the plant to grow out of the condition.There’s a long list of man-made stresses commonly imposed onornamental plants. They include overwatering, overfertilizing,using excess mulches, damaging plants with mowers and otherequipment, pruning improperly and burning debris over tree roots.You can avoid these cultural stresses by planting and caring forplants properly. Your plants will thank you with the uniquequalities healthy plants bring to your landscape.(Gary Wade is an Extension Service horticulturist with theUniversity of Georgia College of Agricultural and EnvironmentalSciences.) Volume XXIXNumber 1Page 22last_img

Down to the genes

first_imgBy Stephanie SchupskaUniversity of GeorgiaUniversity of Georgia researchers are not looking to pull sweet fruit from the papaya tree branches. They’re peering deeper to study its genes and see how they compare to other plants. Researchers with the UGA Plant Genome Mapping Laboratory helped to write two articles involving the fruit as either the focus or a major player. One article appeared April 24 in Nature magazine, the other April 25 in Science. “Two articles in consecutive days in journals like these makes for quite a week,” said Andrew Paterson, the lab’s director. He is also a distinguished research professor with UGA’s College of Agricultural and Environmental Sciences.For the Nature article, Paterson and five scientists at the lab worked with an international team to sequence the papaya’s genes. The team was lead by Ray Ming, a professor at the University of Illinois and Paterson’s former post-doctoral student. Getting back to NatureThe papaya is the fifth angiosperm, or flowering plant, to have its genes completely sequenced and published. The others are Arabidopsis in 2000, rice in 2002 and grape and poplar in 2007. Papaya is an agricultural crop in tropical climates. It ranks first in nutritional values among 38 common fruits, based on its vitamin and mineral content. It is the source of papain, an enzyme used in meat tenderizer and medical applications.The researchers were surprised to find that papaya has fewer genes than the simple Arabidopsis, a small plant in the mustard family. Arabidopsis is commonly used to study plant genetics and genomics. The papaya also has sex chromosomes, a rarity in plants.“Papaya turns out to be a promising botanical model,” Paterson said. “It’s potentially useful as a system to unravel which gene performs which function, and also useful in helping us tie together the genetic blueprints of all angiosperms.”The papaya cultivar used for the study was one genetically modified to resist ringspot disease, a virus that almost wiped out papaya farming in Hawaii. It’s the first genetically modified plant to be so fully sequenced.Taking the lead in ScienceThe article in Science magazine compares papaya’s gene strands with those of poplar, grape and Arabidopsis. UGA graduate student Haibao Tang was the lead author of that article. It explains how UGA researchers are building computer models to see how plants have changed from their ancestors to what they are today, said UGA scientist John Bowers.“It gives us a visualization of how these plants are related to each other,” Bowers said. The computer models will also help scientists to figure out what genes actually do.“For many of what we recognize as genes, no one has a clue what they do,” Paterson said. By studying Arabidopsis, poplar, grape and papaya gene strands side by side, Paterson and other scientists are hoping to learn what certain genes do in these plants. This will allow them to make an educated guess about what the same gene does in cotton, for example.The idea to do this kind of analysis has been around since the turn of the last century, Paterson said. But it wasn’t until the last year that there has been enough information to compare different plants on the whole-genome level.And now the gene sequences are giving the UGA lab an opportunity to practice its research prowess to better understand all flowering plants, including most major crops.For more information about the UGA Plant Genome Mapping Laboratory, visit the Web site www.plantgenome.uga.edu.last_img

Weekend Picks: Soulshine Farm Music Festival, Green Mountain, N.C.

first_imgTaking place this weekend August 14-16, 2014, is the first annual Soulshine Farm Music Festival. This community gathering of music is taking place on the Soulshine Organic Farm in Green Mountain, North Carolina!Tickets are on sale now. You can bring your own beverages and ice will be for sale on site.There will be artwork on display and in progress, live music, food and more.Here is the musical lineup you can look forward to:The Larry Keel Experience (Sat 8pm)Mac Arnold & Plate Full O’ Blues (Fri 9pm)The Jeff Sipe Trio (Sat 6pm)The Applebutter Express (Fri 4pm/Sat 4pm)Jahman Brahman (Thurs 10pm/Sat 10pm)Phuncle Sam (Fri 12:30am/Sat 7pm)  .  The Family (Sat 5pm)Brushfire Stankgrass (Fri 6pm)Displace (Thurs 8pm/Sat 3pm)  .  Sanctum Sully (Sat 2pm)Electric Soul Pandemic (Sat 1am)Electrochemical (Thurs 12am/Sat 11:30pm)  Makayan (Fri 2pm)  Screamin’ Jerry Leeman & Big Medicine (Th 6pm/Fri 11am/Sat 11am)Sugar Daddy (Sat 12pm)  .  Rebecca Jean (Sat 1pm)Ali Randolph & The Outta Luck Band (Fri 8pm)Franklin’s Kite (Fri 12pm) .  Terina Plyler (Fri 3pm)Kendra Warren (Fri 7pm)  .  Awake in the Dream (Fri 11pm)BiiG PoppA and Friends (Fri 12am/Sat 10pm)  .  Piper Ford (Sat 11am)The Burning Houses (10 year olds!)(Sat 11:30)Sun 10am Soulshine Allstar Band Gospel Hoursoulshine-maplast_img

CUNA, ABA endorse marijuana banking bill; NAFCU says ‘complexities’ remain

first_img ShareShareSharePrintMailGooglePinterestDiggRedditStumbleuponDeliciousBufferTumblr continue reading » The two national trade groups are taking slightly different directions on marijuana banking legislation, as CUNA and the American Bankers Association jointly endorsed House legislation and NAFCU said the issue is important, but there are problems with the bill.The House Financial Services Committee on Tuesday began a committee markup of several bills, including H.R. 1595, which was introduced by Democrats Ed Perlmutter of Colorado and Denny Heck of Washington.The legislation would give financial institutions with a safe harbor for providing services to marijuana-related businesses in states where cannabis is legal.Under current law, financial institutions, including credit unions could be subject to sanctions for doing business with such firms.last_img