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Supreme Court grants 2 transfers

September 5, 2008

The Indiana Supreme Court granted two transfers Sept. 4, including one involving whether a juvenile court can order probation after a juvenile is ordered to commitment in the Department of Correction.

In the case In the Matter of R.J.G. v. State of Indiana, No. 64A04-0803-JV-130, the Indiana Court of Appeals disagreed with a previous ruling by the appellate court that found Indiana Code Section 31-30-2-1 to mean a juvenile court can't order probation if it has ordered a term of commitment to the DOC. The Court of Appeals in the instant case affirmed the juvenile court's order that R.J.G. be placed on probation following a term of commitment to the DOC. The appellate court did remand the case for an entry of recommended DOC commitment as opposed to a determinate commitment.

In Gary Community School Corp. v. Tom Powell, No. 45A03-0701-CV-17, the Court of Appeals ruled Tom Powell's part-time coaching position was not eligible for Family and Medical Leave Act coverage when he took a medical leave of absence because the coaching job is considered separate from his full-time teaching job. His teaching position was reinstated when he returned from his leave because FMLA applies only to full-time jobs.

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