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Justices decline to reconsider out-of-state placements ruling

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The Indiana Supreme Court has denied a rehearing petition from the state attorney general’s office to revisit a June ruling that upheld three statutes involving juvenile judges’ authority on out-of-state placements.

On Tuesday, the justices unanimously denied the request in the case of In The Matter of A.B. v. State, No. 71S00-1002-JV-00156.

St. Joseph Probate Judge Peter Nemeth had placed a troubled teenager in an Arizona treatment facility after an escape from a South Bend location, but the Indiana Department of Child Services objected. It blocked the placement based on its ability to do so following sweeping legislative changes in 2009 that gave the state agency more authority in that decision-making process where state funding is involved.

That led to the local judge declaring the statutes unconstitutional.

The Supreme Court disagreed on the constitutionality, finding the budget-focused laws are valid and that the DCS has statutory power to take costs into account when considering placements. But while upholding the controversial law changes, the justices simultaneously held that the state agency acted “arbitrarily and capriciously” in this specific case, because it appeared the DCS made the placement decision because of the location and not because of overall costs and benefits of the juvenile.

In asking for rehearing, the Office of the Indiana Attorney General says the justices went too far in analyzing the specific case involving A.B. and the facts surrounding the DCS placement denial in that situation. Instead, the AG argued that the justices should have simply addressed the constitutionality of the statutes and stopped there, rather than finding the DCS refusal was “arbitrary and capricious.” The decision, written by Justice Steven David for a unanimous court, left open too many questions and warrants reconsideration or further explanation, the AG’s brief said.

Citing non-juvenile cases from the past three decades, the AG argued that Indiana appellate courts have held some state agency actions – such as Department of Correction decisions on restitution, loss of earned credit time and inmate segregation – are not reviewable by the state judiciary. State statute doesn’t provide any criteria for the DCS to use in evaluating out-of-state placements and the Supreme Court didn’t outline any in its June decision.

The justices denied transfer without an opinion, and this final decision leaves the June decision in place.
 

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  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

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  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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