A.D. v. State

736 N.E.2d 1274, 2000 Ind. App. LEXIS 1718
CourtIndiana Court of Appeals
DecidedOctober 25, 2000
DocketNo. 49A05-0005-JV-203
StatusPublished
Cited by32 cases

This text of 736 N.E.2d 1274 (A.D. v. State) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
A.D. v. State, 736 N.E.2d 1274, 2000 Ind. App. LEXIS 1718 (Ind. Ct. App. 2000).

Opinion

OPINION

ROBB, Judge

Following a dispositional hearing, the juvenile court found A.D. to be in violation of her probation and suspended commitment and placed her in care of the Indiana Department of Correction for three months. She now appeals. We affirm.

Issue

A.D. raises the following consolidated and restated issue for our review: Whether the juvenile court properly entered a dispositional order committing her to the Indiana Girls School for three months.

Facts and Procedural History

The facts reveal that on February 19, 1997, the juvenile court adjudicated A.D. to be a delinquent child for committing the “status offense” of being a runaway1 and placed her on probation with the following conditions: (1) that she participate in individual and family counseling and follow any recommendations; (2) have a psychological evaluation and follow any recommendations; (3) have a 7:00 P.M. daily curfew unless she was with her mother; and (4) have no contact with anyone her mother did not approve of. On March 18, 1997, the juvenile court found A.D. to be in violation of her probation and entered a dispositional order which continued her probation with special conditions. On July 2,1997, the juvenile court again found A.D. to be in violation of her probation and ordered suspended commitment at the Indiana Girls School and continued probation.

The juvenile court on September 16, 1997, found A.D. to be in violation of her probation and suspended commitment and entered a dispositional order committing her to the Indiana Girls School for three months pursuant to the previously suspended commitment. After she had served her commitment at the Indiana Girls School, the juvenile court on December 16, 1997, placed A.D. on probation and ' suspended commitment with special conditions. On January 13, 1998, the juvenile court found A.D. to be in violation of her probation and suspended commitment and again ordered commitment to the Indiana Girls School for three months. After A.D. served her commitment, the juvenile court placed her on probation and suspended commitment. On January 31, 2000, the juvenile court found A.D. to be in violation of probation and suspended commitment and entered a dispositional order committing her to the Indiana Girls School for three months. This appeal ensued from AD.’s most recent commitment.

Discussion and Decision

I. Standard of Review

The choice of a specific disposition for a juvenile adjudicated to be a delinquent is within the discretion of the [1276]*1276juvenile court, subject to the statutory considerations of the welfare of the child, the safety of the community, and the code’s policy of favoring the least harsh disposition. See Ind.Gode § 81-34-19-6. We may overturn A.D.’s disposition order only if we find the court has abused its discretion because its conclusion and judgment are clearly against the logic and effect of the facts and circumstances before the court, or the reasonable, probable, and actual deductions to be drawn therefrom. Matter of L.J.M., 473 N.E.2d 637, 640 (Ind.Ct.App.1985).

II. Mootness

Our initial inquiry is to determine whether the doctrine of mootness precludes us from addressing A.D.’s claim. The State argues that the' issue before us is moot because A.D. has already served her three-month sentence at the Indiana Girls School, and thus, “any opinion issued on this case would be advisory.” Brief of Appellee at 3.

The long-standing rule in Indiana has been that a case is deemed moot when no effective relief can be rendered to the parties before the court. Matter of Lawrance, 579 N.E.2d 32, 37 (Ind.1991). When the controversy at issue in a case “has been ended or settled, or in some manner disposed of, so as to render it unnecessary to decide the question involved, the case will be dismissed.” Dunn v. State, 163 Ind. 317, 321, 71 N.E. 890, 891 (1904). Although Article III of the United States Constitution limits the jurisdiction of federal courts to actual cases and controversies, the Indiana Constitution does not contain any similar restraint. Matter of Lawrance, 579 N.E.2d at 37. However, Indiana appellate courts have long recognized that a case may be decided on its merits under an exception to the general rule when the case involves questions of “great public interest.” Id. Cases found to fall within this exception typically contain issues likely to recur. Id.

In the present case, the juvenile court ordered A.D. to serve three months at the Indiana Girls School. R. 177. Such a short-term commitment at a correctional facility will always result in issues becoming stale on appeal. Therefore, we will address the merits of A.D.’s claim.

III. Disposition Order

A.D. contends that the juvenile court erred in entering a disposition order committing her to three months at the Indiana Girls School because a family friend offered to take charge of her, a lesser dispositional alternative than commitment at a correctional facility. We disagree.

Our supreme court has briefly described the nature of the juvenile system in Indiana, stating that:

The nature of the juvenile process is rehabilitation and aid to the juvenile to direct his behavior so that he will not later become a criminal. For this reason the statutory scheme of dealing with minors is vastly different than that directed to an adult who commits a crime. Juvenile judges have a variety of placement choices for juveniles who have delinquency problems, ranging from a private home in the community, a licensed foster home, a local juvenile detention center, to State institutions such as the Indiana Boys School and Indiana Girls School. None of these commitments are considered sentences. A child can become a juvenile delinquent by committing acts that would not be a violation of the law if committed by an adult, such as incorrigibility, refusal to attend public school, and running away from home. A child can also become a delinquent by committing acts that would be a crime if committed by an adult. In the juvenile area, no distinction is made between these two categories. When a juvenile is found to be delinquent, a program is attempted to deter him from going further in that direction in the hope that he can straighten out his life before the stigma of criminal conviction and the [1277]*1277resultant detriment to society is realized.

Jordan v. State, 512 N.E.2d 407, 408-09 (Ind.1987). The Indiana General Assembly has enacted different statutory provisions to govern juveniles who are adjudicated delinquent for committing acts which would be offenses if committed by an adult and juveniles who are adjudicated delinquent for committing “status offenses” and are in need of care, treatment, or rehabilitation.2 See Ind.Code §§ 31-37-1-1 et seq. (“criminal offenses”); see also Ind.Code §§ 31-37-2-1

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Cite This Page — Counsel Stack

Bluebook (online)
736 N.E.2d 1274, 2000 Ind. App. LEXIS 1718, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ad-v-state-indctapp-2000.