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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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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