Court reverses indeterminate commitment of juvenile

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The Indiana Court of Appeals addressed the interplay between sections 6 and 10 of Indiana Code 31-37-19 governing juvenile commitment for the first time today. The judges noted when they are applied separately the sections produce opposite results regarding the purpose of the statutes.   

D.C. pleaded guilty to what would have been Class A felony burglary if committed by an adult and was committed to the Department of Correction for 24 months and also was ordered to an indeterminate commitment to the DOC until he turned 21. He was 14 years old when he committed the crime. He argued that the court erred by imposing both a determinate and indeterminate commitment, and that he should have been placed in a less restrictive facility because one was available.

The judges didn’t find the trial court erred in ordering D.C. committed to the DOC even though he had been accepted into another facility because he had a history of adjudications, and stayed at residential facilities in the past. He always re-offended once being released.

“Given the serious nature of D.C.’s offense and the likelihood that he will reoffend, this is clearly a situation in which commitment to a less restrictive environment than DOC is not in the best interest of D.C. or of the community,” wrote Judge Margret Robb.

In D.C. v. State of Indiana, No. 49A02-1002-JV-100, the judges then examined the statutes at question here – I.C. 31-37-19-6 and -10 that deal with dispositional decrees for children found to be delinquent for committing an act that would be an offense if committed by an adult.

Section 6 says except as provided in Section 10, the court awards wardship of a juvenile to the DOC and the DOC determines the placement and duration of placement. Section 10 applies to D.C. because he was at least 14 when he committed the Class A felony burglary and has prior unrelated adjudications. Section 10 says the court can’t place a child in a facility for more than 2 years.

The judges agreed with D.C. that Section 6 precludes a juvenile court from entering a dispositional order with both an indeterminate commitment under Section 6 and a determinant commitment under Section 10.

Judge Robb noted that Section 10 is clearly aimed at the most serious juvenile offenders, yet it’s possible that someone who offends under Section 6 may be placed in a facility for a time longer than the 2 years ordered under Section 10.  

“We acknowledge a juvenile committed under Section 6 could also be released in less than two years and therefore ultimately receive a lesser penalty than a juvenile sentenced under Section 10. However, at their extremes, sections 6 and 10 when applied separately produce results antithetical to the purpose of the statutes,” she wrote.

The Court of Appeals reversed the part of the dispositional order imposing commitments under both sections and remanded for a new order imposing only a determinate commitment under Section 10.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

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

  5. 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.