The exception to the dangerous possession of a firearm statute, parental permission to possess, is an affirmative defense and not an element of the offense.
Juvenile
In re K.W., No. 23A-JV-2040, __N.E.3d __ (Ind. Ct. App., Nov. 20, 2024).
A juvenile problem-solving court cannot order jail time or house arrest for the parent of a juvenile delinquent without providing written notice of the allegations or the assistance of counsel.
In re J.M., No. 24A-JC-202, __N.E.3d __ (Ind. Ct. App., Oct. 15, 2024).
Trial court’s decision to modify child custody instead of adjudicating children as CHINS did not deprive parent of a meaningful opportunity to engage in CHINS-related services.
State v. B.H., No. 24A-JV-1247, __ N.E.3d __ (Ind. Ct. App., Oct. 4, 2024).
An order rejecting a delinquency petition for lack of subject-matter jurisdiction is comparable to the dismissal of an indictment or information.
In re M.H., No. 23A-JC-2959, __N.E.3d __ (Ind. Ct. App., Oct. 4, 2024).
With good cause, a court may sua sponte set a CHINS factfinding hearing beyond the 60-day deadline imposed by Ind. Code 31-34-11-1(a). However, judicial economy alone is not sufficient good cause.