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.
Juvenile
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.
D.G. v. State, No. 49A04-1006-JV-416, __ N.E.2d __ (Ind. Ct. App., Apr. 13, 2011)
Since there was no recording of the sidebar conference at which defense counsel assertedly objected to alleged molesting victim’s competence to testify, and the parties could not agree as to what was said in the conference, defense counsel was assumed to have made the objection, and the failure of the trial court or of prosecuting counsel to then question the witness and assess her competence required reversal of the delinquency finding.