COA finds fundamental error in juvenile case, again
In a case identical to one it ruled on earlier this year, the Indiana Court of Appeals found the state violated a juvenile’s
right to counsel at her detention hearing.
Juvenile Case
Articles
COA upholds stop of teen with gun
The Indiana Court of Appeals found the stop by police of a teen at a summer expo in Indianapolis who had a loaded gun in his
waistband didn’t violate the teen’s state or federal constitutional rights. The appellate court also concluded
the juvenile court’s comments to the teen’s father don’t require a remand.
COA reverses modification of juvenile’s probation
The Indiana Court of Appeals reversed the order to send a juvenile to prison because the state didn’t present any evidence
to support alleged probation violations to justify the placement modification.
Court: juveniles can be placed on sex offender registry
The Indiana Court of Appeals says a ruling by the state justices last year can’t be used to stop juvenile courts from
ordering juveniles to register as sex offenders.
Counties must pay for juvenile facilities
Indiana counties are responsible to pay a portion of costs to operate juvenile detention facilities.
COA upholds termination of parental rights
The Indiana Court of Appeals affirmed the termination of a mother and father's parental rights based on sufficient evidence. The appellate court also found the mother couldn't appeal on the basis that the Department of Child Services failed to prove her drug use when she repeatedly refused to submit to drug testing.
Court split on burglary tipster issue
A panel of Indiana Court of Appeals judges disagreed today as to whether the fact a tipster's identity was known by police was sufficient by itself to justify a police officer's stop of a juvenile.
COA sets standard in parental rights cases
In addressing a statutory inconsistency on parental rights terminations, the Indiana Court of Appeals has held that trial judges must offer findings of fact in those types of cases just as they're required to by law for children in need of services cases and grandparent visitation matters.
COA: inequity in grandparent visitation act
The Indiana Court of Appeals discovered an inequity in the Grandparent Visitation Act due to the lack of biological relationships between the parties in an adoption petition.
Judges affirm finding teen is a CHINS
The Indiana Court of Appeals upheld the finding that a 17-year-old is a child in need of services, ruling that evidence of her drug test wasn't irrelevant and was properly admitted by the trial court.
CHINS finding establishes only status of child
A finding that a child is in need of services only establishes the status of the child and means the child is a CHINS even if one parent isn't involved in the reasons for the determination, the Indiana Supreme Court ruled today
Officer didn’t conduct investigatory stop
A trial court didn't abuse its discretion in admitting evidence that a juvenile possessed marijuana because the seizure of the drug didn't violate the teen's constitutional rights, the Indiana Court of Appeals ruled.
Hearing didn’t consider all statutory factors
In a modification of physical custody case, the Indiana Court of Appeals remanded for further proceedings because the trial court was required to hear evidence on and consider all of the factors listed in Indiana Code Section 31-17-2.2-1(b).
Appellate docket offers more public access
Docket entries for more than 200 juvenile-related cases are now publicly available online through the Indiana Appellate Clerk's Office.
Court upholds out-of-state juvenile placement
The Indiana Court of Appeals affirmed the placement of a juvenile delinquent in an out-of-state shelter care facility over the objection of the Indiana Department of Child Services, finding the trial court complied with statutes that allow it to place the juvenile in a non-Indiana facility. A recent change to one of those statutes now shifts the burden of payment to out-of-state facilities from DCS to the counties.
COA affirms ruling in ‘unusual’ termination case
In an unusual case on appeal in which a mother's parental rights were terminated to only one of her five children during a termination hearing, the Indiana Court of Appeals affirmed the decision due to the circumstances of the case.
Single order can have more than 1 disposition
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.
COA reverses termination over rule violation
The Indiana Court of Appeals split today in its decision to reverse the termination of a mother's parental rights. The majority found the trial court abused its discretion in allowing the mother's trial counsel to withdraw her appearance under a local court rule.
High court hears first ‘rocket docket’ appeal
In the first appeal of a juvenile case under Indiana Appellate Rule 14.1, the "rocket docket," the Indiana Supreme Court ruled the juvenile court's determination that a child shouldn't be immediately reunited with his mother until after the school year concluded – contrary to what the Department of Child Services recommended – wasn't clearly erroneous.
Statute doesn’t authorize dismissal of charges
Even if the Indiana Court of Appeals concluded the trial court violated statute by failing to set a juvenile delinquency hearing within the 60-day time limit, the appellate court doesn't believe the statute authorizes dismissal of the charges as the defendant argues.