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IBA: Juvenile Delinquency 101

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delameter-joe-mug.jpgBy Joe Delamater, Deputy Prosecutor, Juvenile Repeat Offender Unit, Marion County Prosecutor’s Office

Juvenile delinquency cases are unique. Hopefully, I can highlight some areas of delinquency law to help familiarize you with the system. Juvenile delinquency matters are no different than any other case. You are ready once you get over the new terminology and the case-by-case idiosyncrasies.

First know that, distinct from criminal courts, the juvenile court is your gatekeeper. Juvenile courts are required to assess what the best care, treatment and rehabilitation is for each child. The court decides whether charges are approved for filing or whether to afford the child an “informal adjustment,” which is akin to an adult diversion. The court decides whether a child is waived into adult court to face charges, whether commitment to the Department of Correction is appropriate, and how long the child stays on probation. All of this is decided in the best interests of the child and the community. Once you recognize how the court operates all of the rest falls in place around it.

Juvenile delinquency cases are civil. However, the Indiana Juvenile Code adopts the rules governing criminal procedures. IC § 31-32-1-1. Therefore, the burden of proof, trial rules, and rules of evidence that you know and love apply here. The juvenile code, specifically IC § 31-30, 31-32 and 31-37, are your juvenile bible. Know and love these sections because the juvenile code trumps any adopted provisions.

Because these cases are civil, many labels are different. Juveniles aren’t convicted; they are adjudicated delinquent. IC § 31-32-2-6. Therefore, enhancements based on prior convictions do not apply to juveniles. Moreover, juvenile courts enter a dispositional order and not a sentence. Like an adult pre-sentence investigation report (PSI), a pre-dispositional report is created by probation and is similar to the PSI. The accused are respondents and not defendants. The accused enters an admission or denial as they cannot be found “guilty or “not guilty.”

Another difference is the involvement of the probation department. It is completely statutory and rather thorough. IC § 31-31-5-4. Prior to the Initial Hearing, a probation officer (P.O.) performs a preliminary inquiry into various aspects of the child’s and family’s life. The depth of this will vary by county. In Marion County, at the Initial Hearing, a P.O. makes recommendations to the court regarding conditions of release based on their preliminary inquiry. The P.O. stays involved throughout the case and periodically reports back to the court. The P.O. will also make a recommendation at disposition.

Juvenile courts lacks jurisdiction for certain crimes although committed by juveniles. IC § 31-30-1-4. Know that, if your client is sixteen or seventeen, there are a number of crimes that may be filed in adult court. The State can also seek “waiver” and request that a juvenile be tried as an adult when they reach a certain age (this varies by the type of allegation.) Waiver can be requested on any felony under five possible sections. Under Indiana Code §§ 31-30-3-2 through 31-30-3-6, the juvenile court must find both probable cause and that it would be in the “best interests of the child and of the safety and welfare of the community” to be tried as an adult. Sections 4, 5 and 6 are mandatory waiver sections with a presumption of those “best interests” that must be rebutted by the respondent. Sections 2 and 3 are discretionary with part of the State’s burden being to prove the best interests.

Juvenile court has the ability to maintain jurisdiction until the child reaches the age of twenty-one unless sooner discharged. Therefore, juveniles are on probation for as long as the court deems appropriate. There are no orders of “six months” here or “eighteen months” there.

The term of probation lasts until the court feels that the juvenile has been adequately treated and rehabilitated. Remember, the court is the gatekeeper.

Treatment and programs range from nothing (time-served is the adult terminology) up to being committed to the Indiana Department of Correction (to be placed at a juvenile-only facility.) In between those extremes come a variety of services that will vary county to county. The services will attempt to address parts of the juvenile’s life that need help. It could be substance abuse treatment, counseling and therapy, education, and any other area that is felt will help rehabilitate the child. These goals can be accomplished from in-home treatment, community-based services, or secured treatment facilities.

While only a cursory review of the system, hopefully this helps give you the basics of delinquency matters.•

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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