In a CHINS case, unlike the sixty-day deadline imposed by Ind. Code § 31-34-11-1(a) that may be waived by consent of the parties, the 120-day deadline contemplated by Ind. Code 31-34-11-1(b) may be enlarged only if a party shows good cause for a continuance.
Juvenile
B.B. v. State, No. 19A-JV-1803, __ N.E.3d __ (Ind. Ct. App., Jan. 30, 2020).
A threat expressed to an individual, even if that individual is not the intended victim, to interfere with the occupancy of a school (building), is sufficient to sustain an adjudication for an act that would be considered intimidation if committed by an adult.
In re TPR of C.D., No. 19A-JT-1549, __ N.E.3d __ (Ind. Ct. App., Jan. 28, 2020).
Parents no longer have a fundamental right to consent to the adoption of child after their parental rights were terminated; the question of the proper adoptive home for child is a question for the adoption court.
F.H. v. State, No. 19A-JV-1716, __ N.E.3d __ (Ind. Ct. App., Jan. 22, 2020).
A juvenile is not subject to a determinate term in the DOC absent a specific determination by the juvenile court that statutory criteria have been satisfied.
C.J. v. State, No. 19A-JV-255, __ N.E.3d __ (Ind. Ct. App., Jan. 23, 2020).
Juvenile’s waiver of his Miranda rights was not knowing, intelligent, and voluntary because of his demonstrated lack of maturity, the fact that he was not advised of the crime and possible consequences, and his minimal consultation with a parent.