Delinquency disposition statutes do not permit imposition of both a determinate DOC commitment and an indeterminate DOC commitment.
Juvenile
In re C.G., No. 49S04-1101-JT-4, ___ N.E.2d ___ (Ind., Oct. 11, 2011).
Adopts the factors set out in State of West Virginia ex rel. Jaenette H., 529 S.E.2d at 877 (W.Va. 2000) for trial courts to determine whether an incarcerated parent is permitted to attend a hearing on the termination of his or her parental rights.
P.J. v. State, No. 49A05-1102-JV-121, __ N.E.2d __ (Ind. Ct. App., Oct. 5, 2011).
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.
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.