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 think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.