A juvenile who enters into a plea agreement to pay a specific amount of restitution waives his right to have the juvenile court inquire into his ability to pay, as he has acknowledges such ability in his plea agreement.
Juvenile
G.N. v. IDCS (In re T.N.), No. 49A05-1101-JC-15, ___ N.E.2d ___ (Ind. Ct. App., Sept. 28, 2011).
One parent’s admission is insufficient to prove a child is a CHINS when the child’s other parent contests that allegation; due process requires a fact-finding hearing before the court declares the child is a CHINS.
C.S. v. State, No. 67A01-1101-JS-19, __ N.E.2d __ (Ind. Ct. App., Aug. 17, 2011).
Evidence that child skipped one day of school, missed part of five classes, was tardy twelve times and that his mother had cooperated with school and disciplined him did not suffice to raise the required status delinquency inference he was not receiving care, treatment, or rehabilitation.
J.L. v. Ind. Dept. of Child Svcs., No. 32A01-1010-JC-532, ___N.E.2d ___ (Ind. Ct. App., July 6, 2011).
A judge can cite statutes and facts not in CHINS petition.
D.M. v. State, No. 49S02-1101-JV-11, __ N.E.2D __ (Ind., June 22, 2011)
Procedures for waiver of juvenile’s rights were adequately followed, but “JUVENILE WAIVER” form used by police is criticized.