The defendant’s planning, solicitations, bomb research, drawings depicting the target classroom, and death note together justify the trial court’s conclusion that his affirmative conduct amounts to a substantial step toward the commission of aggravated battery.
Juvenile
C.S. v. State, No. 18A-JV-862, __ N.E.3d __ (Ind. Ct. App., Sept. 19, 2018).
Ind. Code § 31-37-18-1.3 requires that a delinquent child be given notice of and an opportunity to be heard during a dispositional or modification hearing; however, the child is not required to be physically present and participation via video conferencing is enough.
R.R. v. State, No. 18S-JV-230, __ N.E.3d __ (Ind., Sept. 13, 2018).
A juvenile has a right to be present at a fact-finding hearing under Ind. Code 31-32-5-1, unless waived by counsel; waived by parent, guardian, custodian, or guardian ad litem; or waived by the child.
D.M. v. State, No. 49A02-1711-JV-2708, __ N.E.3d __ (Ind. Ct. App., Aug. 8, 2018).
When juvenile defendant’s attorney vigorously argued in favor of placing him on probation and submitted a plan for the juvenile court’s review, the court’s failure to specifically ask juvenile defendant if he wanted to make a statement was not a blatant violation of basic principles, did not pose a potential of substantial harm, and did not deprive him of fundamental due process. However, courts are strongly encouraged to afford juvenile delinquents the opportunity to address the court before final disposition.
In re Z.B. v. Ind. Dept. Child Svcs., No. 18A-JT-318, __ N.E.3d __ (Ind. Ct. App., July 31, 2018).
A CASA has the statutory authority to independently prosecute a petition to terminate parental rights when DCS opposes termination.