DCS is not required to conduct an interview with a child as part of its assessment, but the trial court may issue such an order if the parent does not consent and DCS shows good cause on the record supporting its request for an interview.
Juvenile
K.K. v. State, No. 49A02-1410-JV-687, ___ N.E.3d ___ (Ind. Ct. App., June 22, 2015).
Smell of burnt marijuana emanating from a car gave probable cause to arrest all its occupants; subsequent search of one of the occupants was therefore lawful as incident to arrest.
T.S. v. State, No. 49A02-1410-JV-739, __ N.E.3d __ (Ind. Ct. App., May 11, 2015).
Judicial estoppel does not apply against the state in juvenile delinquency proceedings.
M.M. v. State, No. 49A02-1409-JV-639, __ N.E.3d __ (Ind. Ct. App., April 22, 2015).
A juvenile restitution order does not end on the juvenile’s discharge from probation, and action to collect the restitution may be taken after the probation ends.
D.Y. v. State, No. 49A02-1405-JV-298, __ N.E.3d __ (Ind. Ct. App., Mar. 11, 2015).
When officer told juvenile he would be transported to the police station, the juvenile was “seized” for purposes of the Fourth Amendment, and as the office had no probable cause to believe the juvenile had committed a crime the firearm the officer found in patting the juvenile down was inadmissible.