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Judges uphold inpatient treatment for juvenile

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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.

 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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