Mikel v. Elkhart County Department of Public Welfare

622 N.E.2d 225, 1993 Ind. App. LEXIS 1249, 1993 WL 417611
CourtIndiana Court of Appeals
DecidedOctober 21, 1993
DocketNo. 20A03-9303-CV-105
StatusPublished
Cited by6 cases

This text of 622 N.E.2d 225 (Mikel v. Elkhart County Department of Public Welfare) 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
Mikel v. Elkhart County Department of Public Welfare, 622 N.E.2d 225, 1993 Ind. App. LEXIS 1249, 1993 WL 417611 (Ind. Ct. App. 1993).

Opinion

GARRARD, Judge.

Devon Mikel was found to be in civil contempt for not following court orders of the Juvenile Division of the Elkhart Circuit Court. He now appeals.

FACTS AND PROCEDURAL HISTORY:

On November 20, 1990, a petition for Dissolution of Marriage was filed in the Elkhart Superior Court No. 1 by Jenny Mikel, wife of Devon Mikel (Mikel).

On March 29, 1991, the court found an emergency existed and Mikel’s children were placed in protective custody as wards of the court.

On May 28, 1991, the case was venued to the Elkhart Circuit Court, Juvenile Division. On June 14, 1991, the court authorized the Department of Public Welfare (DPW) to file a Child In Need of Services (CHINS) petition, which DPW filed later. The CHINS petition alleged physical abuse by Mikel and neglect by the mother. On July 9, 1991, the initial hearing on the CHINS petition, Mikel and his wife were “admonished to not create any difficulties or problems for the children, as far as their relationship, to attempt to keep the children out of the dispute as to their marriage.” (R. 13). DPW filed a petition for citation alleging violations of the July 9, 1991 order. A citation was issued, and a hearing was held November 4, 1991; Mikel was found to be in contempt of court. The court stated Mikel “from his testimony, also demonstrates that he does not have a good grasp on reality, and there also being a report from [a] therapist, that Mr. Mikel has a definite psychiatric condition.” (R. 18). The court imposed a 90 day jail sentence, suspended on condition that Mikel submit himself to psychiatric assessment. Mikel did undergo such an assessment.

On December 3, 1991, at the hearing on the CHINS petition, Mikel agreed to wardship of the children and they were adjudicated CHINS. Mikel was given supervised visits with the children and ordered to be involved in individual and family counseling. Mikel was also ordered to follow the recommendations of his doctor, and to take his medication.

[227]*227A review hearing was held on March 23, 1992. Mikel was ordered to continue to receive psychological testing and to finish parenting classes. Regular supervised visits between Mikel and his children were to take place. All family members were to continue with counseling. Mikel’s financial disclosures were filed and he was ordered to pay $96.00 per week for the cost of services to his children.

DPW filed two petitions for citation alleging Mikel had violated numerous orders of the court, and a citation was issued May 28, 1992 with the hearing scheduled for June 9, 1992.

Mikel received service of the citation on June 2, 1992, but failed to appear at the June 9 hearing. Also on June 9, 1992, a DPW caseworker filed an application for Immediate Detention of Mentally Ill and Dangerous Person regarding Mikel. Mik-el’s whereabouts were unknown.

A body attachment was issued for Mikel, the court finding that Mikel had failed to appear for the June 9, 1992 contempt hearing. Mikel was taken to Elkhart County jail on November 6, 1992.

On November 18, 1992, the Juvenile Division held a hearing on the contempt citation. The Juvenile Court Referee signed an order finding Mikel in contempt of court for his failure to obey the prior orders entered and imposed a 180 day sentence to the county jail. The order gave Mikel the option of serving the sentence in a mental health facility. The order became a final order on November 24, 1992 when the Judge of the Elkhart Circuit Court signed it.

The praecipe was filed on December 22, 1992.

ISSUES:

Mikel presents three issues. Because we find the first two issues dispositive, we decline to address issue three.
I.Are the issues moot?
II.Does the Juvenile Court acquire authority over parents when a CHINS petition is filed or when the children are adjudicated as CHINS, or only when a parental participation petition is filed?
III.Did the Juvenile Court have the power to order Mikel (the parent of a CHINS) to receive in-patient psychiatric care?

DISCUSSION:

ISSUE I:

Mikel was released from the county jail prior to the decision in this case. Mikel argues that an actual controversy exists since the juvenile court continues to exercise jurisdiction and make specific orders with respect to him. Mikel argues further that he could be cited again to show cause for not following these orders.

A case is deemed moot when effective relief cannot be rendered to the parties before the court. Matter of Lawrance (1991), Ind., 579 N.E.2d 32, 37. If the concrete controversy at issue has been disposed of, the case warrants dismissal. Id. Mikel has been released from the county jail, having served his contempt sentence. Effective relief therefore cannot be afforded to Mikel.

Indiana law is well settled that a case may be decided on the merits even if a specific issue is moot, if the case presents questions of great public interest. Id. Public interest exception cases typically involve recurring issues. Id.

The juvenile court ordered Mikel to do and refrain from doing certain things after the filing of the CHINS petition. The point at which the juvenile court has jurisdiction over a parent is a question of great public interest. Due to the large number of cases the juvenile court handles and because Mik-el may be subject to additional court orders, we think this issue is likely to recur.

ISSUE II:

Mikel contends that since a petition for parental participation was not filed, the juvenile court did not have proper authority to compel him to act or refrain from acting. He argues that since the court failed to invoke its authority over him, the orders [228]*228were invalid and do not constitute a proper basis for contempt.

I.C. 31-6-4-17 entitled “Parental participation petition; hearing” provides in relevant part:

(a) The prosecutor, the attorney for the county department, a probation officer, a caseworker, or the guardian ad litem or court appointed special advocate may sign and file a petition for the juvenile court to require the participation of a parent, guardian, or custodian in a program of care, treatment, or rehabilitation for the child or to require a person to refrain from direct or indirect contact with the child. The petition shall be verified.
(b) If the petition seeks participation of a parent, guardian, or custodian, the petition must be entitled “In the Matter of the Participation of_the Parent, Guardian, or Custodian of _”, and must allege that:
(1) the respondent is the child’s parent, guardian, or custodian;
(2) the child has been adjudicated a delinquent child or a child in need of services; and
(3) the parent, guardian, or custodian should:
(A) obtain assistance in fulfilling obligations as a parent, guardian, or custodian;
(B) provide specified care, treatment, or supervision for the child;

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Bluebook (online)
622 N.E.2d 225, 1993 Ind. App. LEXIS 1249, 1993 WL 417611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mikel-v-elkhart-county-department-of-public-welfare-indctapp-1993.