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Judges reverse teen’s adjudication for school absences, tardies

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The state didn’t show that a teenager was in need of care, treatment, or rehabilitation regarding school attendance, so his adjudication as a delinquent child for missing school should be reversed, ruled the Indiana Court of Appeals.

In C.S. v. State of Indiana, No. 67A01-1101-JS-19, the state filed a delinquency petition in November 2010 alleging C.S. violated the attendance law. C.S. was a sophomore at North Putnam High School and at the time the petition was filed, he had one full-day unexcused absence, was marked absent from class without excuse for five class periods, and was tardy 12 times during the fall semester. C.S. was grounded by his mother after she learned of the absences and afterward, he was no longer tardy or had unexcused absences for the fall semester.

After a fact-finding hearing, the juvenile court found C.S. violated the attendance law and sentenced him to six months formal probation.

On appeal, C.S. claimed the state never presented evidence to prove that he was in need of care, treatment, or rehabilitation, which is required to adjudicate a child for a status offense such as violating the attendance law.

Relating to this issue, the state only presented C.S.’s attendance record and evidence of C.S.’s school performance relating to his attitude, not his attendance. The state argued that C.S.’s violation of the compulsory attendance law implicitly showed he needed care, treatment, or rehabilitation, but the judges dismissed that argument citing R.B. v. State, 839 N.E.2d 1282, 1283 (Ind. Ct. App. 2005), and G.N. v. State, 833 N.E.2d 1071, 1075 (Ind. Ct. App. 2005).

“The present case can be readily distinguished. In R.B., the juvenile had twenty-three full-day, unexcused absences and in G.N., fifteen full-day, unexcused absences. In the present case, C.S. had one unexcused full-day absence. In absence of any other evidence that C.S. was in need of care, treatment or rehabilitation regarding school attendance, we cannot infer such need from a single unexcused absence,” wrote Judge James Kirsch.

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  1. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  2. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  3. Indiana up holds this behavior. the state police know they got it made.

  4. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

  5. Agreed on 4th Amendment call - that was just bad policing that resulted in dismissal for repeat offender. What kind of parent names their boy "Kriston"?

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