Combs Ex Rel. Combs v. Daniels

853 N.E.2d 156, 2006 Ind. App. LEXIS 1726, 2006 WL 2466857
CourtIndiana Court of Appeals
DecidedAugust 28, 2006
Docket22A01-0602-CV-70
StatusPublished
Cited by8 cases

This text of 853 N.E.2d 156 (Combs Ex Rel. Combs v. Daniels) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Combs Ex Rel. Combs v. Daniels, 853 N.E.2d 156, 2006 Ind. App. LEXIS 1726, 2006 WL 2466857 (Ind. Ct. App. 2006).

Opinion

OPINION

BAKER, Judge.

Appellants-plaintiffs Angel Marie Combs, along with eight other students of Silvercrest Children’s Development Center (Silvercrest) through their legal guardians, two Silvercrest employees, and the American Federation of State, County and Municipal Employees (collectively, “Appellants”), appeal from the trial court’s denial of their request for a preliminary injunction preventing the closure of Silvercrest ordered by Governor Mitchell Daniels in conjunction with Judith Monroe, the Commissioner of the State Department of Health (ISDH) (collectively, “Commissioner”). Specifically, they raise two issues, which we consolidate and restate as whether the trial court erred in holding that the Commissioner had complete administrative authority to close Silvercrest. We affirm the judgment of the trial court.

FACTS

Silvercrest, which is located in New Albany, was established in 1973 by Indiana Code section 16-33-3-2, as a state center for the short term-diagnostic and evaluative training of school-aged children with multiple developmental disabilities. Indiana Code section 16-33-3-3 provides that Silvercrest:

shall provide for the educational diagnosis, evaluation, assessment, short term remediation, referral, and care of children who may benefit from such service, but who, because of serious disabling conditions, cannot make satisfactory *159 progress in the programs of public schools or special institutions of the state. The provision of services shall be for the purpose of properly referring these children to more appropriate programs operated by other agencies or institutions and providing reassessment of these children as indicated.

Further, “[t]he state department shall administer the center. The state health commissioner, subject to IC 20-35-2, has complete administrative control and responsibility for the center.” Ind.Code § 16-33-3-4.

Silvercrest provides facility-based institutionalized services to its students, who usually stay at Silvercrest for an average of eight months. At the time that Silver-crest was established, this was considered a novel and creative approach to dealing with multiple disabilities. Since that time, social science experts have determined that community-based services are superi- or to facility-based services for students who have multiple disabilities. Consistent with these findings, the Commissioner has begun to implement models of community-based care to provide education and training to individuals in their home environment, instead of in institutionalized care.

In May 2005, the ISDH undertook a comprehensive evaluation of three institutions — Silvercrest, the Indiana Soldiers’ and Sailors’ Children’s Home, and the Indiana Veterans’ Home — and all programs under its auspices. The evaluators’ report found that Silvercrest’s services were inconsistent with modern research, that there is a disconnect between students and their family members because Silvercrest is often far from home, that there is a lack of coordinated follow-up care, and that the short-term care that Silvercrest was intended to provide often became long-term respite care. Dr. Patricia Rogan, a doctor of special education and rehabilitation, testified that it is difficult for the students to transfer and generalize the skills and behaviors they learned at Silvercrest back to their homes. The report also found that most students discharged from Silvercrest were back in institutional settings within two years, thus providing little long-term benefit to the majority of its students. The report further concluded that Silvercrest was far more expensive than care in the community or even care at comparable institutions. The per diem cost for a child at Silvercrest was approximately $413, compared to $150 to $256 at similar programs.

On July 8, 2005, ISDH announced that there would be a freeze on admissions to Silvercrest. During this time, the Indiana Department of Education (IDOE) obtained community-based services for the nine students who sought admission to Silvercrest. On November 17, 2005, ISDH sent a letter to the legal guardians of Silvercrest students to inform them that Silvercrest would be closed after the current students were appropriately placed with the necessary support systems. On April 7, 2006, ISDH announced that it intended to close Silvercrest on May 12, 2006.

On January 3, 2006, the Appellants filed their verified complaint for an emergency preliminary injunction, requesting that the Commissioner be prohibited from implementing the plan to close Silvercrest. The trial court held a hearing on the matter on January 27, 2006. On February 15, 2006, the trial court issued its findings of fact and conclusions of law denying the Appellants’ request. The trial court found no evidence of irreparable harm to any of the Appellants, that the Commissioner has “complete authority” to close Silvercrest, and that there was no restriction placed by the legislature on the administrative power of the Commissioner to close Silvercrest. Appellants’ App. p. 13. Appellants now appeal.

*160 DISCUSSION AND DECISION

Appellants contend that the trial court erred in denying their request for a preliminary injunction. Specifically, they argue that they were not required to show irreparable harm because the per se rule 1 applies where statutes and the Indiana Constitution have been violated.

Generally, a prohibitory injunction is an extraordinary equitable remedy that should be granted with caution. Lex, Inc. v. Bd. of Tr., 808 N.E.2d 104, 109 (Ind.Ct.App.2004), trans. denied. The plaintiffs have the burden to demonstrate that certain and irreparable injury would result if the injunction were denied. Id. The trial court has discretion to grant or deny an injunction, and this court will not reverse unless the trial court’s ruling is arbitrary or an abuse of discretion. Id.

In seeking a preliminary injunction, the Appellants had the burden of establishing: (1) that its remedies at law are inadequate, causing irreparable harm pending resolution of its lawsuit; (2) that it has at least a reasonable likelihood of success on the merits at trial; (3) that the threatened injury to the Appellants outweighs the potential harm resulting from the proposed injunction; and (4) that the public interest would not be disserved by the granting of injunctive relief. U.S. Land Servs., Inc. v. U.S. Surveyor, Inc., 826 N.E.2d 49, 63 (Ind.Ct.App.2005). Generally, Appellants would be required to prove each of the four requirements by a preponderance of the evidence, and a failure to prove even one would have made the grant of an injunction an abuse of discretion. Paramanandam v. Herrmann, 827 N.E.2d 1173, 1179 (Ind.Ct.App.2005). But in this case, Appellants have asserted that the per se rule applies.

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Cite This Page — Counsel Stack

Bluebook (online)
853 N.E.2d 156, 2006 Ind. App. LEXIS 1726, 2006 WL 2466857, Counsel Stack Legal Research, https://law.counselstack.com/opinion/combs-ex-rel-combs-v-daniels-indctapp-2006.