ILNews

Mom’s conviction due to child’s school absences upheld

Jennifer Nelson
August 30, 2012
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The Indiana Court of Appeals concluded that an Indianapolis mother was not unlawfully denied a right to a jury trial on her Class B misdemeanor failure to ensure school attendance charge.

Dana Young’s child, M.D. had nine unexcused absences and six or seven tardies during the 2010-2011 school year. School counselors and both schools M.D. attended during that year attempted to contact Young about the absences. Young complained to school officials they wanted her “to be a superwoman” and that M.D. missed school one day because they overslept and M.D. missed the bus.

She was charged in June 2011 with the Class B misdemeanor. On Aug. 4, 2011, she signed a written advisement of her rights, which included her right to a jury trial. She did not request one within 10 days of the start of her trial as required by Indiana Rule of Criminal Procedure 22, which governs misdemeanors. A bench trial was conducted, and she was convicted.

Young argued that since she was charged with a misdemeanor that arose from an offense in the juvenile code, Indiana Code 31-32-6-7(b) should apply instead of Criminal Rule 22.

“Young, however, provides no authority supporting her position that Criminal Rule 22 does not apply to criminal misdemeanor charges arising from offenses set forth in the juvenile code, and we find none. Because Young was charged with a misdemeanor criminal offense, we conclude that Criminal Rule 22 applies to the instant matter,” Judge Cale Bradford wrote in Dana Young v. State of Indiana, 49A02-1201-JM-18.

Young failed to request a jury trial after indicating she understood the time limitations set forth in the advisement of her rights, so she effectively waived her right to a jury trial, the judges held.   

 

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. 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.."

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