J.T. v. State, 022019 INSC, 18A-JV-00707
|Opinion Judge:||Loretta H. Rush Chief Justice.|
|Party Name:||J.T., Appellant(s), v. State of Indiana, Appellee(s).|
|Judge Panel:||Rush, C.J., Massa, J., and Slaughter, J., vote to deny transfer. David, J., dissents to the denial of transfer with separate opinion in which Goff, J., joins. David, Justice, dissenting. Goff, J., joins.|
|Case Date:||February 20, 2019|
|Court:||Supreme Court of Indiana|
Trial Court Case Nos. 47C01-1608-JD-264, 47C01-1612-JD-492, 47C01-1701-JD-58, 47C01-1703-JD-128
Loretta H. Rush Chief Justice.
This matter has come before the Indiana Supreme Court on a petition to transfer jurisdiction, filed pursuant to Indiana Appellate Rules 56(B) and 57, following the issuance of a decision by the Court of Appeals. The Court has reviewed the decision of the Court of Appeals, and the submitted record on appeal, all briefs filed in the Court of Appeals, and all materials filed in connection with the request to transfer jurisdiction have been made available to the Court for review. Each participating member has had the opportunity to voice that Justice's views on the case in conference with the other Justices, and each participating member of the Court has voted on the petition.
Being duly advised, the Court DENIES the petition to transfer.
Rush, C.J., Massa, J., and Slaughter, J., vote to deny transfer.
David, J., dissents to the denial of transfer with separate opinion in which Goff, J., joins.
David, Justice, dissenting.
This case underscores an unfortunate reality that many parents or guardians of a child that has been adjudicated delinquent simply do not have the means to reimburse the Department of Child Services after a court orders services for the child. The financial burden of these court- ordered payments can place an additional strain on family life and can tie parents' hands for several years after the fact. Notwithstanding the real or perceived pressure to do what is right for a child, some parents are overwhelmed by the proceedings in juvenile court and agree to payment conditions-regardless of their actual ability to pay-in order to quickly resolve the issue. Because I believe the parents in this particular case did not have an adequate opportunity to present their full financial picture to the trial court, I respectfully dissent from the denial of transfer.
Under Indiana Code section 31-40-1-3(a), parents or guardians are normally responsible for...
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