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Justices affirm ‘safe harbor’ in Juvenile Mental Health Statute

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Editor's Note: This opinion was originally issued by the Indiana Supreme Court on March 12. It was reissued March 21 due to the addition of attorney Peter D. Todd to the list of attorneys for the appellee.

A juvenile sex offender’s statements in a polygraph test during probation that he molested two more children may not form the sole basis to prove delinquency, the Indiana Supreme Court held Friday in affirming a trial court and rejecting the state’s appeal.

Justices unanimously held that the Legislature did not intend to allow juveniles’ statements in therapy to be used against them when lawmakers in 2007 passed the Juvenile Mental Health Statute, I.C. 31-32-2-2.5.

“We construe that statute to confer both use immunity and derivative use immunity, in order to avoid a likely violation of the constitutional privileges against self-incrimination under the Fifth Amendment and Article 1, Section 14 of the Indiana Constitution,” Justice Loretta Rush wrote for the court. “We therefore affirm the trial court.”

In State of Indiana v. I.T., 20S03-1309-JV-583, Rush wrote that the trial court gave the state an opportunity to introduce evidence derived from I.T.’s statements, yet the state pursued no independent concurrent investigation. “(H)ere, the majority of the evidence in the probable-cause affidavit was precisely what even a narrow view of the Statute forbids — I.T.’s statements during court-ordered therapy. And the State concedes that the remainder of the allegations are entirely derived from those statements. In each respect, I.T.’s statements made during court-compelled therapy were improperly used against him.

“… (W)hile the Juvenile Mental Health Statute limits the State’s use of a juvenile’s statements, it does not prevent the state from ensuring that juveniles face appropriate consequences for their actions,” Rush wrote.

“We conclude that the State may appeal a juvenile court order that suppresses evidence, if doing so terminates the proceeding. We also construe the Juvenile Mental Health Statute’s limited immunity as prohibiting both use and derivative use of a juvenile’s statements to prove delinquency — a safe harbor that honors the Legislature’s intent, while avoiding any question of the Statute’s constitutionality that would otherwise be implicated.”


 

 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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