W.R.S. v. State

759 N.E.2d 1121, 2001 Ind. App. LEXIS 2129
CourtIndiana Court of Appeals
DecidedDecember 13, 2001
DocketNo. 49A02-0106-JV-360
StatusPublished
Cited by13 cases

This text of 759 N.E.2d 1121 (W.R.S. 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
W.R.S. v. State, 759 N.E.2d 1121, 2001 Ind. App. LEXIS 2129 (Ind. Ct. App. 2001).

Opinion

OPINION

VAIDIK, Judge.

Case Summary

W.R.S. challenges his incarceration both before and after he was found to have violated his probation by missing school. Specifically, W.R.S. argues that the juvenile court could not detain him in a secure facility pending his fact-finding hearing because he was only alleged to have committed a "status offense." W.R.S. also argues that the juvenile court could not commit him to the Department of Correction (D.0.C.) after it found he was a repeat truant because the court did not follow the proper procedure. We find that the juvenile court erred in detaining W.R.S. in a secured facility for being truant before he was found to have violated his probation. We find further that by holding W.R.S. in a juvenile detention facility for over 24 hours, the juvenile court lost the ability to commit W.R.S. to the D.0.C. Thus, we reverse.

Facts and Procedural History

On April 20, 2000, the Marion Superior Court, Juvenile Division, found W.R.S. to be a delinquent child under Indiana Code § 31-37-2-3 for violating Indiana's compulsory school attendance law.1 The juvenile court originally placed W.R.S. on probation. However, W.R.S. repeatedly violated his probation by not going to school. On November 2, 2000, W.R.S. admitted that he had been truant, and the juvenile court committed him to the D.0.C. for at least a three month period pending further review.

After W.R.S. completed three months in the D.0.C. on February 7, 2001, the juvenile court suspended any further time in the D.0.C. and placed W.R.S. on probation. However, W.R.S. continued to avoid school, and the State charged him with violating his probation and suspended commitment by missing school. On April 6, 2001, the juvenile court held an initial hearing on the State's allegation. At the hearing, W.R.S. requested an attorney and denied the State's allegation. Over W.R.S.'s objections, the juvenile court ordered that W.R.S. should be detained in the Marion County Juvenile Detention Center until the factfinding hearing on the grounds that W.R.S. was "unlikely to appear for subsequent proceedings and detention is essential to protect the child or the community." Appellant's App. P. 57. Following the initial hearing, W.R.S. filed a motion to be released from detention, which was denied by the juvenile court. On April 30, 2001, W.R.S. admitted the allegation that he violated his probation by being truant. The juvenile court accepted this admission and ordered that W.R.S. be committed to the D.0.C; for another three months. This appeal ensued.

Discussion and Decision

As a preliminary matter, we address the State's contention that the mootness doe-trine precludes us from addressing W.R.S's claims. The State argues that W.R.S.'s claims are moot because W.R.S. has already served his three-month sentence, and therefore, no remedy can be granted.

The long-standing rule in Indiana has been that a case is deemed [1123]*1123moot and will be dismissed when no effective relief can be rendered to the parties before the court. A.D. v. State, 736 N.E.2d 1274, 1276 (Ind.Ct.App.2000). However, we may review issues under a public interest exception to this general rule when the case involves questions of great public importance. City of Huntingburg v. Phoenix Natural Res., Inc., 625 N.E.2d 472, 474 (Ind.Ct.App.1993). The public interest exception usually is recognized in cases that contain issues likely to recur. Id. Even though issues involving the propriety of juvenile commitment are likely to occur, relief can often never be rendered to the parties because the short-term commitment of a juvenile at a correctional facility will frequently be concluded by the time an appeal is heard. Thus, because the issues in this case will likely arise again but will evade appellate review, we choose to address them at this time. See A.D., 736 N.E.2d at 1276; B.L. v. State, 688 N.E.2d 1311, 1312 n. 1 (Ind.Ct.App.1997).

I. Detention before the Fact-Finding Hearing

W.R.S. argues that the juvenile court erred when it detained him at the Marion County Juvenile Detention Center for 24 days pending his fact-finding hearing. Specifically, W.R.S. contends that because he was only alleged delinquent for committing a "status offense," the court erred when it placed him in a secure facility. We agree.

According to Indiana Code § 31-37-6-6, a juvenile court is typically required to release a "child on the child's own recognizance or to the child's parent, guardian, or custodian upon the person's written promise to bring the child before the court at a time specified." Ind.Code § 31-87-6-6(a); State ex rel. W.A. v. Marion County Superior Court, Juvenile Div., 704 N.E.2d 477, 479 (Ind.1998). However, a juvenile court does have the authority to detain a child pending a fact-finding hearing if the court finds probable cause to believe the child is a delinquent child and that:

(1) the child is unlikely to appear for subsequent proceedings;
(2) detention is essential to protect the child or the community;
(3) the parent, guardian, or custodian:
(A) cannot be located; or
(B) is unable or unwilling to take custody of the child; or
(4) return of the child to the child's home is or would be:
(A) contrary to the best interests and welfare of the child; and
(B) harmful to the safety or health of the child; or
(5) the child has a reasonable basis for requesting that the child not be released.

1.C. § 31-37-6-6(a). If the court finds one of these conditions, it is allowed to impose detention before it holds any further proceedings. State ex rel. W.A., 704 N.E.2d at 480.

In this case, the juvenile court found two of the conditions required for detention and committed W.R.S. to the Marion County Juvenile Detention Center.2 However, we find that the court abused its discretion when it placed W.R.S. in a secure facility-the Marion County Juvenile Detention Center-even though W.R.S. was only a status offender.

[1124]*1124While W.R.S. had frequent visits to the juvenile court for violating his probation, the only offense that he was ever alleged to have committed was truancy. According to the Indiana juvenile code, a child may be adjudicated a delinquent for committing certain "status offenses" that would not be crimes if committed by adults, including truancy and running away from home. See Ind.Code §§ 31-37-2-1 to -3; A.M.R. v. State, 741 N.E.2d 727, 729 (Ind.Ct.App.2000).

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Cite This Page — Counsel Stack

Bluebook (online)
759 N.E.2d 1121, 2001 Ind. App. LEXIS 2129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wrs-v-state-indctapp-2001.