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Justices affirm ‘safe harbor’ in Juvenile Mental Health Statute

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Editor's Note: This opinion was originally issued by the Indiana Supreme Court on March 12. It was reissued March 21 due to the addition of attorney Peter D. Todd to the list of attorneys for the appellee.

A juvenile sex offender’s statements in a polygraph test during probation that he molested two more children may not form the sole basis to prove delinquency, the Indiana Supreme Court held Friday in affirming a trial court and rejecting the state’s appeal.

Justices unanimously held that the Legislature did not intend to allow juveniles’ statements in therapy to be used against them when lawmakers in 2007 passed the Juvenile Mental Health Statute, I.C. 31-32-2-2.5.

“We construe that statute to confer both use immunity and derivative use immunity, in order to avoid a likely violation of the constitutional privileges against self-incrimination under the Fifth Amendment and Article 1, Section 14 of the Indiana Constitution,” Justice Loretta Rush wrote for the court. “We therefore affirm the trial court.”

In State of Indiana v. I.T., 20S03-1309-JV-583, Rush wrote that the trial court gave the state an opportunity to introduce evidence derived from I.T.’s statements, yet the state pursued no independent concurrent investigation. “(H)ere, the majority of the evidence in the probable-cause affidavit was precisely what even a narrow view of the Statute forbids — I.T.’s statements during court-ordered therapy. And the State concedes that the remainder of the allegations are entirely derived from those statements. In each respect, I.T.’s statements made during court-compelled therapy were improperly used against him.

“… (W)hile the Juvenile Mental Health Statute limits the State’s use of a juvenile’s statements, it does not prevent the state from ensuring that juveniles face appropriate consequences for their actions,” Rush wrote.

“We conclude that the State may appeal a juvenile court order that suppresses evidence, if doing so terminates the proceeding. We also construe the Juvenile Mental Health Statute’s limited immunity as prohibiting both use and derivative use of a juvenile’s statements to prove delinquency — a safe harbor that honors the Legislature’s intent, while avoiding any question of the Statute’s constitutionality that would otherwise be implicated.”


 

 

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  1. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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