Single order can have more than 1 disposition

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The Indiana Supreme Court has clarified juvenile caselaw, telling trial courts they can order a juvenile be committed to the Department of Correction and in the same order also require probation after release.

A unanimous decision came today in R.J.G. v. State of Indiana, No. 64S04-0809-JV-483, which originated in Porter Circuit's Juvenile Division and strikes at the how juvenile judges are able to craft sentences best suited for a particular child's case. R.J.G. was 15 years old in the spring of 2007 when he, after selling marijuana to a friend, pointed a loaded gun at that person. It accidentally discharged and shot that friend in the mouth. Police later recovered drugs and paraphernalia at his home, and he eventually pleaded guilty to felony criminal recklessness and misdemeanor marijuana possession.

Juvenile Judge Mary Harper concluded that he should be committed to the Indiana Boys School until age 18, followed by supervised probation that included counseling and community service until age 21. The juvenile appealed, arguing the juvenile court lacked jurisdiction to order both his DOC commitment and probation in the same order. The Court of Appeals affirmed that decision last year and held the juvenile court did have jurisdiction to order probation following commitment, despite its earlier decision in J.J.M. v. State, 779 N.E.2d 602, 607 (Ind. Ct. App. 2002). 

In J.J.M., the appellate panel decided that a juvenile court loses jurisdiction after ordering guardianship of a child to the DOC and it's not able to order probation on top of commitment.

"We think J.J.M. was incorrect on this point," Justice Ted Boehm wrote in this R.J.G ruling, finding that Indiana Code § 31-37-19-5 and 6 give juvenile courts the ability to order at least one disposition, potentially more. "Nothing prevents this from being accomplished in the same order. And there is no jurisdictional bar to ordering more than one disposition in the same order."


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  1. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  4. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  5. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.