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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. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  2. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

  3. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  4. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  5. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

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