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Justices consider juvenile placements

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Indiana Lawyer Rehearing

The Indiana Supreme Court is considering a case where a St. Joseph County juvenile judge has declared unconstitutional three statutes involving child placements, a controversial issue that’s pitted many within the state judiciary against the Indiana Department of Child Services for the past two years.

With jurisdiction in The Matter of A.B., a Child Alleged to be a Delinquent, No. 71S00-1002-JV-00156, the state justices are asked to review the topic that first surfaced with last-minute legislative changes during the General Assembly’s special session in 2009. Lawmakers amended Indiana Code §31-37-19-3(f) to require DCS recommendation or approval for any out-of-state placement, or else the county must pay for that placement. The change came after the Indiana Supreme Court in April ruled against the state agency and gave more deference to juvenile judges in making placement decisions when there’s a dispute about who should pay. Taking its case directly to the General Assembly, the DCS asked lawmakers to tweak state statute and give it more control. Juvenile judges and many lawmakers were surprised about the change that came without public discussion, although attempts to repeal those statutes failed in the years since.

But St. Joseph Probate Judge Peter Nemeth – an outspoken advocate against the policy change – ruled in February on a juvenile delinquent case that the statutes are unconstitutional. The case involves a teenager who was originally placed in a South Bend facility, but escaped last year and was subsequently ordered for placement in Arizona. The DCS objected to that out-of-state placement decision by Judge Nemeth, and filed an appeal that fell under Appellate Rule 4(A)(1)(b) giving the high court exclusive jurisdiction over cases where statutes are deemed unconstitutional.

Specifically, the questions raised in the suit are: Does Article 3, Section 1 of the Indiana Constitution permit the General Assembly to require that courts get approval from the DCS for out-of-state placements?; whether the single-subject requirement of Article 4, Section 19 permits lawmakers from including the juvenile placement decision-making changes in a massive budget bill; and whether the DCS in-state placement recommendation in this case of A.B. was unreasonable based on the facts.

Briefs are being submitted in that case, and the local probation department has until Aug. 13 to file a response. The state agency filed a motion to dismiss in late June, but the justices hadn’t issued a decision on that by IL deadline.

Rehearing from "Bill seeks to repeal placement statute" IL Jan. 20-Feb. 2, 2010

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  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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