Even though juvenile defendant agreed to make restitution as part of the admission agreement, the juvenile court abused its discretion when it ordered him to pay restitution after it determined he did not have the ability to pay.
Juvenile
In re F.S., No. 13A01-1505-JM-363, __ N.E.3d __ (Ind. Ct. App., May 12, 2016).
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.
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.