Western v. State

726 N.E.2d 857, 2000 Ind. App. LEXIS 553
CourtIndiana Court of Appeals
DecidedApril 13, 2000
DocketNo. 32A01-9909-JV-331
StatusPublished

This text of 726 N.E.2d 857 (Western 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
Western v. State, 726 N.E.2d 857, 2000 Ind. App. LEXIS 553 (Ind. Ct. App. 2000).

Opinion

OPINION

ROBERTSON, Senior Judge

STATEMENT OF THE CASE

Mother-Appellant Sherri L. Western (Mother) appeals the trial court’s adjudication of her daughter, T.G., as a child in need of services (CHINS).

We reverse and remand with instructions to dismiss this action.

ISSUE

Western presents three issues, one of which is dispositive and is restated as: whether the trial court lacked subject matter jurisdiction to find that T.G. was a child in need of services.

FACTS AND PROCEDURAL HISTORY

In March 1999, a juvenile detention report and probable cause affidavit were filed alleging T.G. to be a child in need of services due to allegations of child seduction by her stepfather while in the custody of her mother. A guardian ad litem (GAL) was appointed for T.G., and the GAL requested an emergency hearing. On March 29, 1999, a hearing was held on the GAL’s petition for emergeiicy hearing. On April 12, 1999, Mother entered a denial to the CHINS petition, and the court set the matter for fact-finding hearing. Five days later, on April 17, 1999, T.G. celebrated her eighteenth birthday. After two continuances, the trial court held a fact-finding hearing in this case on June 1, 1999, and found T.G. to be a child in need of services. This appeal ensued.

DISCUSSION AND DECISION

Mother contends that the trial court lacked subject matter jurisdiction to determine whether T.G. was a child in need of services. Specifically, Mother argues that the court, in derogation of applicable statutes, held a fact-finding hearing and made a final determination regarding T.G.’s status as a CHINS following T.G.’s eighteenth birthday.

[859]*859Initially, we note that the issue of the court’s lack of jurisdiction may be raised at any time. Mafnas v. Owen County Office of Family & Children, 699 N.E.2d 1210, 1212 (Ind.Ct.App.1998), reh’g denied, trans. denied. Moreover, if the parties do not raise the jurisdictional issue, the court is required to consider the issue sua sponte. Id.

Ind.Code § 31-30-1-1 grants exclusive original jurisdiction to the juvenile court in proceedings in which a child is alleged to be a child in need of services. A “child” is defined as a person who is under the age of eighteen or who is eighteen, nineteen or twenty years of age and who “has been adjudicated a child in need of services before the person’s eighteenth birthday.” Ind.Code § 31-9-2-13 (emphasis added). However, jurisdiction over any child adjudicated to be a CHINS may continue until the child reaches the age of twenty-one. Ind.Code § 31-30-2-1. The court must strictly comply with the requirements of the CHINS statutes in order to ensure the court’s subject matter jurisdiction over a particular CHINS proceeding. Mafnas, 699 N.E.2d at 1212.

Here, the CHINS proceeding regarding T.G. was initiated the month prior to T.G.’s eighteenth birthday. At that point in time, the court had subject matter jurisdiction over the proceeding. However, the error occurred when the trial court held the fact-finding hearing and made the final determination as to T.G.’s status as a CHINS on June 1, 1999, after T.G. had reached the age of eighteen. Ind.Code § 31-9-2-13 clearly mandates an adjudication prior to the child’s eighteenth birthday in order for the court to maintain jurisdiction over the child.

In order to avoid the effects of the court’s lack of subject matter jurisdiction, the State asserts that Ind.Code § 31-9-2-13 and Ind.Code § 31-34-1-3 are in conflict and that the latter is controlling in this case. As we stated previously, Ind. Code § 31-9-2-13 defines “child” as it is used in juvenile law. Ind.Code § 31-34-1-3 states:

A child is a child in need of services if before the child becomes eighteen (18) years of age:
(1) the child is the victim of a sex offense under:
‡ ‡ ‡ ‡ ‡ ‡ ‡ ‡ $ ‡ ‡
(E) IC 35-42—4-7;
* * * * *; and
(2) the child needs care, treatment, or rehabilitation that the child:
(A) is not receiving; and
(B) is unlikely to be provided or accepted without the coercive intervention of the court.

In making this argument, the State contends that “[tjhere is no requirement that a finding of CHINS be made prior to the juvenile’s eighteenth birthday [Ind.Code § 31-9-2-13] in order to invoke the jurisdiction of the court, only that the conditions which support a finding of CHINS exist prior to the child’s eighteenth birthday [Ind.Code § 31-34-1-3].” Appellee’s Brief at 19. We disagree.

Ind.Code § 31-34-1-3 does not provide a conflicting definition of the term “child” to that provided in Ind.Code § 31-9-2-13. Rather, Ind.Code § 31-34-1-3 defines the term “CHINS” for purposes of juvenile law in Indiana by providing one of many examples of circumstances in which a child may be considered a CHINS.1 Ind.Code § 31-9-2-13, on the other hand, defines the term “child” for purposes of juvenile law in Indiana. These two statutes are not in conflict but merely define two different ideas in the same area of law.

Finally, the State argues that the Mother should not now be allowed to complain about the lack of jurisdiction because [860]*860the fact-finding hearing was delayed based upon her request for a continuance. In so arguing, the State distinguishes this Court’s decision in Mafnas, 699 N.E.2d 1210.

In Mafnas, the Owen County Office of Children and Welfare filed a petition alleging that the Mafnases had physically abused and neglected four of their children.

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Related

Mafnas v. Owen County Office of Family & Children
699 N.E.2d 1210 (Indiana Court of Appeals, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
726 N.E.2d 857, 2000 Ind. App. LEXIS 553, Counsel Stack Legal Research, https://law.counselstack.com/opinion/western-v-state-indctapp-2000.