Published by the Indiana Office of Court Services
Juvenile Court lacked subject-matter jurisdiction when it adjudicated juvenile as a delinquent child for dangerously possessing a firearm, an act that would not be an offense if committed by an adult.
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.”
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.
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.”
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.
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