A juvenile court does not have subject matter jurisdiction to waive an alleged delinquent offender into adult criminal court if the individual is no longer a “child.”
Juvenile
Harris v. State, No. 19A-CR-1863, __ N.E.3d __ (Ind. Ct. App., May 13, 2020).
Pursuant to Indiana Rule of Evidence 615(c), the parent of a juvenile waived to adult court is a person whose presence a party shows to be essential to presenting the party’s claim or defense.
In re R.L.., No. 20S-JC-296, __ N.E.3d __ (Ind., May 5, 2020).
DCS was barred from filing a successive CHINS action after the first petition was dismissed with prejudice. DCS “cannot engage in piecemeal litigation to get subsequent bites at the same apple.”
F.A. v. State, No. 19A-JV-2438, __ N.E.3d __ (Ind. Ct. App., May 1, 2020).
A juvenile may not be required to pay the costs of their secure detention. Moreover, before imposing costs of secure detention upon a parent, a court must inquire into the parent’s ability to pay; if the parent has the ability to pay, the trial court shall follow the applicable requirements related to the Child Support Rules and Guidelines.
In re M.S., No. 19S-JC-50, __ N.E.3d __ (Ind., Feb. 20, 2020).
In a CHINS case, unlike the sixty-day deadline imposed by Ind. Code § 31-34-11-1(a) that may be waived by consent of the parties, the 120-day deadline contemplated by Ind. Code 31-34-11-1(b) may be enlarged only if a party shows good cause for a continuance.