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Judges affirm juvenile placement in DOC

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The Indiana Court of Appeals was sympathetic to a teen’s request to not be placed in the Department of Correction, but it noted that all other remedies for his rehabilitation had been exhausted in his home county.
 
In J.J. v. State of Indiana, No. 47A01-0911-JV-557, J.J. appealed the juvenile court’s order that he be committed to the Indiana Boys School, a part of the DOC. J.J. has been in and out of trouble for several years and struggled with mental health problems, drug abuse, and anger management.

“J.J. has been given every chance to work to solve his problems and comply with the rule of law, but he has continued to reoffend,” wrote Chief Judge John Baker. “In just a few short years, J.J. exhausted every rehabilitative program offered by Lawrence County, and is left with no option other than the Department of Correction.”

J.J. argued that the juvenile court abused its discretion because his prior offenses had been “minor,” he had a history of mental health issues, and a history of drug abuse that he claimed he hadn’t received treatment for.

“Although we sympathize with this argument and certainly acknowledge that J.J. is a troubled individual who is grappling with a number of significant problems, we place great weight on the juvenile court’s conclusion that ‘the Lawrence County Juvenile Probation has exhausted what means they have for rehabilitation for [J.J.] …,’” wrote the chief judge.

The appellate court also reversed the juvenile court’s finding of delinquency for committing what would be Class D felony resisting law enforcement had it been committed by an adult in one of his cases. The juvenile referee failed to submit findings for the juvenile court’s review on the matter, as required by Indiana Code Section 31-31-3-6(2). The referee made no findings of fact on the charge and merely completed a boilerplate form stating J.J. committed resisting law enforcement as a Class D felony.

“The juvenile court should be able to read the recommended order drafted by the referee, glean all relevant facts therefrom, and come to an informed decision about whether or not to adopt the referee’s recommendations,” wrote Chief Judge Baker.
 

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  1. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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