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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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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