B.C. v. State of Indiana

Opinion

Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

ATTORNEY FOR APPELLANT: ATTORNEYS FOR APPELLEE:

JEFFREY E. STRATMAN GREGORY F. ZOELLER Aurora, Indiana Attorney General of Indiana

J.T. WHITEHEAD Deputy Attorney General

FILED

Indianapolis, Indiana

Aug 31 2012, 9:18 am

IN THE

CLERK

COURT OF APPEALS OF INDIANA of the supreme court, court of appeals and

tax court

B.C., )

)

Appellant-Respondent, )

)

vs. ) No. 15A01-1202-JV-68 )

STATE OF INDIANA, )

)

Appellee-Petitioner. )

APPEAL FROM THE DEARBORN CIRCUIT COURT The Honorable James D. Humphrey, Judge Cause No. 15C01-0805-JD-102 and 15C01-0806-JD-103

August 31, 2012

MEMORANDUM DECISION - NOT FOR PUBLICATION

KIRSCH, Judge

B.C. appeals the trial court’s order requiring him to register as a sex offender

contending that the order was premature and was not supported by clear and convincing

evidence. The State concedes that the order is premature and should be vacated. A sex

offender registry hearing for a juvenile may be conducted only after the juvenile has been

released from a juvenile detention facility or discharged from a secure private facility. B.W.

v. State, 909 N.E.2d 471, 477 (Ind. Ct. App. 2009). Here, the trial court ordered B.C. placed

in Wernle Children’s facility, a secure private facility. He has not been released from the

facility, and the trial court order is premature. We vacate the trial court’s registration order

and remand with instructions.

Vacated and remanded.

NAJAM, J., and MAY, J., concur.