JJ v. State

925 N.E.2d 796, 2010 WL 1740412
Procedural entryThis page is a short order in JJ v. State. Read the opinion of the Court — 2010 Ind. App. LEXIS 748
Indiana Court of Appeals·Decided April 30, 2010·No. 47A01-0911-JV-557·Published

Opinion

925 N.E.2d 796 (2010)

J.J., Appellant-Respondent,
v.
STATE of Indiana, Appellee-Petitioner.

No. 47A01-0911-JV-557.

Court of Appeals of Indiana.

April 30, 2010.

Lorinda Meier Youngcourt, Youngcourt Law Office, Huron, IN, Attorney for Appellant.

Gregory F. Zoeller, Attorney General of Indiana, Janine Steck Huffman, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

*797 OPINION

BAKER, Chief Judge.

Since the age of twelve, J.J. has struggled with mental health problems, substance abuse, and anger management. He has had far too many contacts with the juvenile justice system for someone of such tender years. J.J. has been given every chance to work to solve his problems and comply with the rule of law, but he has continued to reoffend. In just a few short years, J.J. exhausted every rehabilitative program offered by Lawrence County, and is left with no option other than the Department of Correction (DOC). Thus, although tragic, the juvenile court's decision to commit J.J. to the DOC was not an abuse of discretion.

Appellant-respondent J.J. appeals the juvenile court's dispositional order committing him to the DOC following the true findings in four separate causes that J.J. was a delinquent child for acts that would have been Resisting Law Enforcement,[1] a class A misdemeanor, Disorderly Conduct,[2] a class B misdemeanor, Criminal Mischief,[3] a class B misdemeanor, Illegal Consumption of Alcohol,[4] a class C misdemeanor, Public Intoxication,[5] a class B misdemeanor, Possession of Marijuana,[6] a class A misdemeanor, Theft,[7] a class D felony, and Resisting Law Enforcement,[8] a class D felony, had they been committed by an adult. J.J. also admitted to being a Runaway[9] and two instances of Curfew Violations.[10]

J.J. argues that the two findings of delinquency for resisting law enforcement must be reversed because the juvenile referee failed to make sufficient findings in the orders that were ultimately signed by the juvenile court. Additionally, he contends that the juvenile court erred by ordering that he be committed to the DOC.

Finding that one of the delinquency adjudications did not contain sufficient factual findings, and finding no other error, we affirm in part, reverse in part, and remand with instructions.

FACTS

J.J.'s History

J.J., who was fifteen years old at the time of the first offenses herein, has a history of offenses beginning at the age of twelve, when he was suspended from school for taking shotgun shells and a knife to school. He also has a history of behavioral issues, violent outbursts, and threats. J.J. has been in foster care twice—first, for a few months at the age of three; second, for two years at the age of twelve. As a child, he witnessed the abuse of his mother at the hands of his father, who was incarcerated several times during J.J.'s childhood.

J.J. has a history of behavior problems, including uncontrolled anger, hitting things, threatening others, and injuring himself. In November 2005, J.J. was evaluated by a psychologist, who concluded that J.J. was suffering from anxiety, depression, and low self-esteem. One month *798 later, J.J. was admitted to Meadows Hospital in Bloomington after his foster mother found a suicide note written by J.J. and discovered cuts on his arm. J.J. was released after ten days and was diagnosed with major depression and placed on an antipsychotic medication.

In 2006, J.J.'s foster mother expressed concern about J.J.'s written intention to hurt himself and others. In February 2006, J.J. was adjudicated a delinquent for stealing a golf cart and was placed on probation for one year. In March 2006, J.J. violated probation by failing to obey his foster parents and exhibiting explosive behavior when his foster parents found pornographic material in his backpack.

In October 2006, J.J. was admitted to Meadows Hospital because he had been cutting his arm and hearing voices. He remained in residential treatment until March 2007, and was diagnosed with mood disorder, hallucinations, depression, aggression, psychosis, and borderline intellectual functioning. He was prescribed antipsychotic and antidepressant medications. While J.J. was receiving treatment at the hospital, a psychological evaluation stated that he continued to be angry, defiant, and aggressive. In February 2007, J.J. successfully completed his probation, and in March 2007, he was released to his mother's care.

J.J. received counseling and medication management from the Center for Behavioral Health (CBH) from July 2007 through March 2008. He reported having used marijuana and inhalants to CBH staff during that time. J.J. was diagnosed with intermittent explosive disorder, bipolar disorder, bipolar II disorder with psychotic features, and parent-child relational problem.

The Instant Offenses

On January 18, 2008, J.J. was combative and disorderly at school. When Bedford Police officers were called to the school, J.J. told the principal and an officer to "f*ck off" and told the officer, "you better not stand close to me, because I will kill you." Tr. p. 96-97. On January 22, 2008, J.J. was admitted to Meadows Hospital, where he stayed for seven days. On January 23, 2008, the State filed a petition in cause number 47C01-0801-JD-38 (JD-38) alleging J.J. to be a delinquent for class A misdemeanor resisting law enforcement, class B misdemeanor disorderly conduct, and class B misdemeanor criminal mischief.

On March 14, 2008, J.J. kicked in the front door of a house. On March 25, 2008, the State filed a petition in cause number 47C01-0803-JD-135 (JD-135) alleging J.J. to be delinquent for class B misdemeanor criminal mischief.

On April 8, 2008, the juvenile court held a factfinding hearing in JD-38 and an initial hearing in JD-135. Following the hearing, J.J. admitted to disorderly conduct in JD-38 and criminal mischief in JD-135. In JD-38, the juvenile court found as true that J.J. resisted law enforcement but did not find that J.J. committed criminal mischief. The juvenile referee made no specific findings of fact in the dispositional order. J.J. was placed on probation.

In September 2008, J.J. was suspended from school and the principal informed the juvenile court that it was not in the best interest of J.J. or the school for J.J. to return to school because his "anger issues pose a danger to himself and the students and staff" at the school." Ex. 1.

On November 8, 2008, J.J. was arrested for public intoxication and illegal consumption. On November 17, 2008, J.J.'s mother reported him as a runaway. Thereafter, on November 26, 2008, the State filed a petition in cause number 47C01-0811-JS-460 (JS-460) alleging J.J. to be a delinquent *799 for class C misdemeanor illegal consumption and for being a runaway. The State also filed a motion to modify J.J.'s probation in JD-38 and JD-135.

During his detention hearing in JS-460, J.J. became verbally aggressive. The juvenile court ordered J.J. to be detained at the Southwest Indiana Regional Youth Village. J.J. asked for a police officer to shoot him, said he would not live if the court placed him back at Jackson County Juvenile Detention Center, and threatened to jump out the second story window. On December 8, 2008, J.J. admitted to illegal consumption and being a runaway. On February 4, 2009, the juvenile court placed J.J.

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JJ v. State, 925 N.E.2d 796, 2010 WL 1740412 (Ind. Ct. App. 2010).

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