J.F. v. State
| Decision Date | 31 January 2019 |
| Docket Number | Court of Appeals Case No. 18A-JV-2016 |
| Citation | 121 N.E.3d 150 (Table) |
| Parties | J.F., Appellant-Respondent, v. STATE of Indiana, Appellee-Petitioner. |
| Court | Indiana Appellate Court |
Attorney for Appellant: Renee M. Ortega, Lake County Juvenile Public Defender's Office, Crown Point, Indiana
Attorneys for Appellee: Curtis T. Hill, Jr., Attorney General of Indiana, Monika Prekopa Talbot, Supervising Deputy Attorney General, Indianapolis, Indiana
[1] J.F. appeals the juvenile court's dispositional order awarding wardship of him to the Department of Correction (the "DOC") for housing in any correctional facility for children. J.F. raises two issues which we revise and restate as:
We affirm.
[2] On January 16, 2018, a pizza was ordered to be delivered to the Merrillville, Indiana, apartment of J.F., born on December 1, 2002. J.F. was armed with a deadly weapon, to wit a "B.B. gun," threatened Javier Guana, Jr., the pizza delivery driver, with the gun and to use force against him, and took $50.00 from Guana. Transcript at 4.
[3] On January 19, 2018, the State filed a delinquency petition under cause number 45D06-1801-JD-15 ("Cause No. 15"), alleging J.F. committed what would be a level 3 felony if committed by an adult. On the same day, a Probation Officer Hearing Report was filed which states J.F. "has a lengthy history with this court," he "is currently before this Court for a detention hearing for the Armed Robbery-Complaint # 6," "[t]his is his 6th Delinquency with a 7th is [sic] pending," "[p]robation has been advised by the prosecutor[']s office that there will be an 8th Complaint for Armed Robbery as well which hasn't been entered into QUEST yet."1 Appellant's Appendix Volume II at 61. The report further states that J.F.'s "prior history with the court is Complaint # 5 (Unauthorized Entry of a Motor Vehicle) opened as of 12/12/17," that J.F. was "currently on In-House Detention, Level 2," that his "first involvement with a delinquency in this court was when he was 12 years old," and that he had returned from living with his aunt in Florida and been in Indiana for two days before he was arrested "for Complaint # 4 in Lake County." Id. at 61-62. The report indicates that J.F. denied any involvement with gangs although he has previously self reported to be involved with the Gangster Disciples and that he had a history of being involved with a gang along with his older brother. It states that J.F. has had eleven positive drug screens while on probation supervision, that he tested positive for marijuana on December 11, 2017, that J.F.'s home frequently smells of marijuana, and that J.F. has presented as "being very high with erratic behaviors." Id. at 62. It observes that, during the intake also on December 11, 2017, J.F. stated "he only used marijuana when he needed to ‘calm down’," he stated he uses maybe once every three months, and when asked how old he was when he first tried marijuana he stated he had never used. Id. It further states J.F.'s monitor has "shown Master Tamper on multiple occasions," he had admitted to messing with the monitor, and that "[a]fter inspection, it was clear that [J.F.] had tampered with his monitor." Id.
[4] On June 19, 2018, the juvenile court held an omnibus hearing, at which J.F. tendered a plea of guilty in Cause No. 15 and the court found an adequate factual basis and adjudicated J.F. delinquent of the act of armed robbery, a level 3 felony, if committed as an adult. The State moved to dismiss cause numbers 45D06-1712-JD-755 and 45D06-1801-JD-25, and the court granted the motions and dismissed the cases. The court then asked counsel, "[a]re we prepared to go to Disposition, or do I need to order a Pre-Dispositional Report, and set it for Disposition," J.F.'s counsel stated, "[i]t was our intent to proceed today, Judge," and the prosecutor agreed. Id.
[5] The Court then asked for "[r]ecommendations, Probation," and Beth Lynn Rechlicz testified:
Your Honor, packets were sent to multiple residential facilities, including SEQUEL, Gibault's, Wernle, White's (Wabash), Rite of Passage (South Bend), Rite of Passage (Hillcrest), Youth Villages, um, and all of these facilities have denied [J.F.] into their program. They felt that he was not amenable to treatment; therefore, probation is recommending Department of Corrections. We're asking that [J.F.] remain detained pending transportation, as he's a danger to the community and unlikely to appear for future hearings. We're asking that [J.F.] be released from probation as failed. Um, prior to his successful release from the Department of Corrections, probation recommends that he participate in TRP services through NYAP. We feel that [J.F.] has displayed an unwillingness to participate in services that have been provided through this court. We're asking for DOC.
Id. at 7-8. At the conclusion of Rechlicz's statement, J.F.'s counsel asked to cross-examine her, the court asked the State if it had any recommendations that "differ from those," and the State replied in the negative and stated that it "would agree with probation at this time." Id. at 8. Rechlicz later indicated during her examination by J.F.'s counsel that she did not interview any staff members at the Lake County Juvenile Detention Center and that the staff members "provide[d] a report, which I placed in ... the body of my report." Id. at 10.
[6] J.F. presented the testimony of Eric Hamilton, assistant director of Juvenile Services for the Lake County Juvenile Detention Center, who indicated that he saw and had contact with J.F. every week since he was "detained on 12/11/2017." Id. at 13. When asked to describe how J.F. had been doing, Hamilton stated:
On February 22nd, 2018, [J.F.] was named in an incident where he would not follow directions, and continued to try and take supplies from the therapist that comes in that works with the residents. On ... February 26th, 2018, [J.F.] was named in an incident where he attempted to steal the pencil lead from a pencil he was using during class. Upon returning the pencil, when class was over, Detention Officer noticed that the pencil was damaged, and missing a portion of the lead. [J.F.] eventually returned the lead after not telling the truth and stating that he threw it away. On March 11th, 2018, [J.F.] was named in an incident where he went into another resident's room and threw all the blankets and the mattresses on the floor. When the resident was told to go down and clean his room, [the staff] was unaware that [J.F.] had messed it up, and [J.F.] ran down to the room and attacked this resident.[2 ] When confronted, [J.F.] stated that they were shadow boxing and that ... it wasn't anything serious; however, sayer (sic) resident was sent on a medical run to the E.R. and visible swelling and bruising was left to, was left to his left eye. Staff was later advised by other residents present on the POD at that time that the altercation started because [J.F.] was attempting to bully this resident for his snacks. This resident confirmed that he was being bullied by [J.F.].
Id. at 13-14. When asked whether J.F. has "progressed, has he gotten better since being in your facility," Hamilton stated:
Uh, yes, sir. He's turned it around. He's taken advantage of our programs. He's currently on Phase 4. Uh, when he first came in, he was a little reckless, he was hardheaded, but now I think [J.F.] has matured a little bit, and he assists staff now; he's become more of a role model in the back; and his progress has become positive.
Id. at 14. After additional questioning, J.F.'s counsel asked Hamilton if he had recommendations for the court and Hamilton stated, "Um, well, I would have to concur with probation at this time, um, but I do believe [J.F.] has made leaps and bounds, has become a better individual, and if given a second chance, I believe he will do good in society." Id. at 15.
[7] During cross-examination, Hamilton testified that J.F.'s last incident in the juvenile center occurred on May 26, 2018, that he "was named in an incident where he came into the possession of contraband that had been smuggled into the facility," that "[i]t was recorded on camera that resident was going to Room H-104 on Hotel Pod, that individual bent over and grabbed something that was placed under the door by a weekend resident showering next door, and passed it to [J.F.], while he was in Room H-105," and that it "was never confirmed exactly what was passed to [J.F.]." Id. at 17. When the prosecutor later asked Hamilton if he felt that J.F. was still aggressive, he stated that J.F. becomes aggressive in certain situations, "but overall, his attitude has changed from when he first came here." Id. at 18. He answered affirmatively to the question "[b]ut he's still getting himself in to situations that are against the rules of LCJC" and stated that J.F. had at least six infractions since he had been in the facility. Id. At the conclusion of Hamilton's testimony, J.F.'s counsel indicated he "was going to call mom" to testify, and Keshuna Billingley testified she thought J.F. had learned a lesson and was asking if he could come home. Id. at 19.
[8] At the conclusion of J.F.'s evidence, his counsel asked that the court place him on probation supervision and the probation department requested placement at the DOC when asked by the court to respond. On July 20, 2018, the court issued a dispositional order in which it awarded wardship of J.F. to the DOC for housing in any correctional facility for childen, found it was in J.F.'s best interests to be removed from the home environment and that remaining in the home would be contrary to his welfare because he was engaging in dangerous behaviors which jeopardize his physical and mental health, and recommended that the DOC determine...
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