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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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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