ILNews

Judges uphold inpatient treatment for juvenile

Back to TopCommentsE-mailPrintBookmark and Share

Because the record shows that a juvenile’s placement at an inpatient treatment facility is consistent with the goals for the teen’s rehabilitation, the Indiana Court of Appeals upheld the juvenile court’s placement order. The judges also found they did not have jurisdiction to rule on the teen’s claim that the juvenile court violated his due process rights by accepting his conditional plea on a child molesting count.

D.A. was 13 when he was accused of touching a 3-year-old girl’s vagina. D.A. entered into a plea agreement where he admitted to Class B misdemeanor battery when committed by an adult in exchange for the state dismissing a Class B felony child molesting charge. D.A. also “conditionally” pleaded guilty to a Class C felony child molesting charge when committed by an adult; the juvenile court took his admission on that count under advisement and if he completed the terms of his probation successfully, the state would move to dismiss the count. If he violated his terms of probation, the court could proceed to disposition on the count.

At a hearing, D.A. admitted to touching the girl’s vagina, but the element of intent was never established. The juvenile court found sufficient factual basis to find the petition true. The probation department recommended formal probation with inpatient placement for sex offender counseling. D.A.’s attorney sought outpatient treatment. The juvenile judge ordered D.A. serve at the inpatient facility.

D.A. attempted to appeal the juvenile court’s acceptance of his conditional plea on the child molesting count, arguing that the evidence didn’t show his intent to arouse or satisfy his sexual desires, which is an element of the crime of child molesting. Because his plea on that count was conditional, it is equivalent to a withheld judgment and so there is no final judgment or appealable order from which to appeal, wrote Judge Edward Najam in D.A. v. State of Indiana, 49A02-1108-JV-692. Thus, the appellate court does not have jurisdiction to resolve that issue.

The judges also found that D.A. can’t show that the dispositional hearing violated fundamental fairness. Based on the facts, the COA cannot say that the court abused its discretion in placing D.A. in the inpatient facility.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

ADVERTISEMENT