Juvenile's DOC placement affirmed

Jennifer Nelson
January 1, 2008
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Addressing the issue for the first time, the Indiana Court of Appeals supported a juvenile court's decision to place an illegal immigrant juvenile delinquent with the Department of Corrections instead of deporting him back to his home country.

In J.S. v. State of Indiana, No. 15A01-0706-JV-276, J.S., a 15-year-old illegal immigrant from Mexico, appealed his placement in the DOC. The boy, who had already once illegally entered the U.S. and was arrested in Kentucky for driving without a license and deported, was arrested in Lawrenceburg, Ind., for selling heroin within 1,000 feet of a school to a confidential informant working for the Dearborn County Sheriff's department. Instead of being placed with the DOC, J.S. wanted to be sent back to Mexico.

The Indiana Court of Appeals agreed with the juvenile court's decision, finding if J.S. was deported back to Mexico, it was highly likely he would come back to the U.S. During his disposition hearing, his father testified by telephone from Mexico that he and his wife did not know where J.S. was until he was arrested.

Indiana Code Section 31-37-18-6 sets the factors a juvenile court must consider when entering a dispositional decree, including selecting the least restrictive placement in most situations as to not disrupt family life and autonomy. However, if the juvenile's actions and freedom interferes with the safety of the community and the best interest of the child, the juvenile court can decide on a more restrictive placement.

J.S. had already once snuck into the U.S. and been arrested, and returned illegally just one month later. If he had sold the heroin as an adult, he could have faced 20 to 50 years in prison. His placement with the DOC is in the best interest of J.S. and the community, which will allow him to pursue his education and attempt to change his life for the better, Chief Judge John Baker wrote.

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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...