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.
Juvenile
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.
D.Z. v. State, No. 18S-JV-295, __ N.E.3d __ (Ind., June 20, 2018).
When school officials alone meet with students, Miranda warnings are not required.
B.A. v. State, No. 49S02-1709-JV-567, __ N.E.3d __ (Ind., June 20, 2018).
A juvenile student held in police custody and under police interrogation must be given warnings under both Miranda and Indiana’s juvenile waiver statute.