child incarcerated far away from home...

[esh535920]

Indiana.

My stepdaughter was sentenced to 10 days in a juvenile correction facility after a shoplifting charge (her first arrest EVER) and she tested positive for THC. I am not disputing that what she did was wrong on both accounts. What I have a problem with is that her 10 days was up on Saturday September 1 and since it is a holliday weekend she cannot go back in front of the judge to be released until September 4th, which is a total of 13 days. Is there anything I can request from the court or do about this injustice?

Also, she is incarcerated in a facility in Muncie, Indiana. She lives in Indianapolis Indiana which is 45 miles south and 3 counties away from Muncie. She was sentenced in Hendricks County which is the west neighbor to Indianapolis/Marion County. According to Indiana Criminal Code 31-37-7-4 She should not be in a facility other than in the county in which she resides. The code reads as follows:

IC 31-37-7-4
Placement in facility located outside child's county of residence
Sec. 4. A court may not place a child in:
(1) a community based correctional facility for children;
(2) a juvenile detention facility;
(3) a secure facility;
(4) a secure private facility; or


--------------------------------------------------------------------------------
(5) a shelter care facility;
that is located outside the child's county of residence unless placement of the child in a comparable facility with adequate services located in the child's county of residence is unavailable or the child's county of residence does not have an appropriate comparable facility with adequate services.
As added by P.L.1-1997, SEC.20.

[url]http://www.in.gov/legislative/ic/code/title31/ar37/ch7.html[/url]

Seems the Hendricks County court system is going against Indiana Code, which they are NOT allowed to do.

Any thoughts?

[CourtClerk]

Is there a juvenile detention center in Hendricks County (nothing came up on Google)?
Do they have beds available if there is one?
Did the judge order her to some program that is not available in the county?

As for the 3 extra days, if I were her parent, I wouldn't care, however talk to the judge when she goes to court on Tuesday.

[esh535920]

Originally Posted by CourtClerk

Is there a juvenile detention center in Hendricks County (nothing came up on Google)?
Do they have beds available if there is one?
Did the judge order her to some program that is not available in the county?

As for the 3 extra days, if I were her parent, I wouldn't care, however talk to the judge when she goes to court on Tuesday.

Hendricks County does not have a Juvenile Detention facility. However, if you look at the code, it specifically states "county of residence". We do not reside in Hendricks County, but we do in Marion County which has a large Juvenile Detention facility. Apparently from a friend of mine who happens to work in the Hendricks County Jail, they send ALL of their juvenile offenders to Muncie, and they charge the parents $149 a day for the child to be there. Something just doesn't seem right with this.

Also, visiting hours for the facility are Saturday and Sunday, from 1pm to 3pm**************.. and you get 10 WHOLE MINUTES.

[CourtClerk]

It is common practice for juvenile detention centers to charge the parents for the cost of incarceration. They do it in several states. I guess in a way, it's one of those, why should the citizens of the state pay because you couldn't control your kid kind of thinking??? (to which I happen to agree). - but that's beside the point.

Anyway, there is probably a reason why the children are sent to where they are and I'm sure that if there was anything not above board about it, it would have been brought up a LONG time ago. Have you contacted the facility administrator to inquire as to why she was sent to where she was sent? That seems to be the obvious next step if you are really wondering why.

As for visitation, you tell your SD that she is a very lucky girl. Because I wouldn't be visiting her for 2.5 seconds. She got herself in jail because she decided to be a criminal, now she should live like one. 10 minutes to me would be 10 minutes too long. I wouldn't visit at all -- but like I said, that's a matter of opinion.

[CourtClerk]

Also, you stated,

According to Indiana Criminal Code 31-37-7-4 She should not be in a facility other than in the county in which she resides.

You forgot the rest of the code that reads:

that is located outside the child's county of residence unless placement of the child in a comparable facility with adequate services located in the child's county of residence is unavailable or the child's county of residence does not have an appropriate comparable facility with adequate services.
As added by P.L.1-1997, SEC.20.

I'm sure you'll find that one of these applies.

[Indiana Filer]

Here's my view, as a juvenile probation officer quite a bit south of the counties in question.

Originally Posted by esh535920

Indiana.

My stepdaughter was sentenced to 10 days in a juvenile correction facility after a shoplifting charge (her first arrest EVER) and she tested positive for THC. I am not disputing that what she did was wrong on both accounts. What I have a problem with is that her 10 days was up on Saturday September 1 and since it is a holliday weekend she cannot go back in front of the judge to be released until September 4th, which is a total of 13 days. Is there anything I can request from the court or do about this injustice?

Is your step daughter out today?

When was she arrested? When was her dispositional hearing? Has she even had her dispositional hearing? Was she sent to detention as part of the probation order

If she was given 10 days in a detention center at her dispositional (sentencing) hearing, they should have told the parents in Court that day whether or not it the parents could have picked her up at the end of the 10 days, instead of waiting until she went back to Court.

If she was sent to detention until a hearing is held, then she has to stay there until the hearing is held.

Originally Posted by esh535920

Also, she is incarcerated in a facility in Muncie, Indiana. She lives in Indianapolis Indiana which is 45 miles south and 3 counties away from Muncie. She was sentenced in Hendricks County which is the west neighbor to Indianapolis/Marion County. According to Indiana Criminal Code 31-37-7-4 She should not be in a facility other than in the county in which she resides. The code reads as follows:

[url]http://www.in.gov/legislative/ic/code/title31/ar37/ch7.html[/url]

Seems the Hendricks County court system is going against Indiana Code, which they are NOT allowed to do.

Any thoughts?

It's possible that the Marion County juvenile detention center is full, so they chose to send her to the Delaware County detention center. Or it just may be standard policy of Hendricks County to use the Delaware County detention center. Bring it up to the judge, and let him/her explain the reasons why she was sent there.

I'm trying to figure out why they didn't transfer the case to Marion County right after she was arrested. According to state law (I don't have the I.C. number with me here at home), when juveniles are arrested, the county juvenile probation department CAN send the case to the residential county of the juvenile so that the entire handling of the case takes place in the county of residence.

Originally Posted by esh535920

$149 a day for the child to be there. Something just doesn't seem right with this.

That's more expensive than the facility that we send our juveniles to for detention, but it's still reasonable. The reasoning behind charging the parents is that it's your child, and you are responsible for that child's care and keep. If there is a child support order in place, the costs of the detention are subject to the child support order. In other words, if the child support order says that the parents split extraordinary expenses 50%, they split this 50%.

Originally Posted by esh535920

Also, visiting hours for the facility are Saturday and Sunday, from 1pm to 3pm**************.. and you get 10 WHOLE MINUTES.

I don't believe that they are required to have visiting hours at all. Our detention facility has visitation for 1 hour on Saturdays only.

They probably have a lot of juveniles in detention at the facility, and do not have the manpower or space to allow longer visitations.

Here's a link to a guide for the juvenile justice system in Indiana. Read it, and then send me any other questions you might have.
http://www.co.monroe.in.us/probation/Forms/2006%20Parent's%20Handbook.pdf

[esh535920]

Indiana Filer, Thank you for your response. I was basically told by the judge today that since I am the Step Father my input in the case is irrelevant**************however he didn't mind telling me that since my step-daughter tested positive for THC that if anything was EVER found at my home (even not in MY possession) that they could seize my home, my cars, and all my belongings. Pretty stiff penalty for someone the court says is immaterial, don't you think?

For the record, I do not use ANY illegal drugs and never have. I have MAYBE 1 or 2 drinks every 3 months.

The step daughter is out for now pending her naming her "source" by 3:30pm tomorrow to the probation officer. I made her type a letter to the judge naming the source and why she withheld the source, as well as an apology to the judge and the court for lying.

What amazes me is that this all stems from a $50 shoplifting charge. She has never been in trouble for ANYTHING AT ALL....EVER!! Unbelieveable.

edit..... I didn't think about the father being responsible for a portion of the costs as well. I will ask my wife to petition the court for an order requiring him to pay his part of the costs, since he can't pay his support.....EVER.

[Ohiogal]

Indiana Filer, Thank you for your response. I was basically told by the judge today that since I am the Step Father my input in the case is irrelevant**************

You are the Step Father and therefore have NO LEGAL RIGHT to comment on your stepdaughter.

however he didn't mind telling me that since my step-daughter tested positive for THC that if anything was EVER found at my home (even not in MY possession) that they could seize my home, my cars, and all my belongings. Pretty stiff penalty for someone the court says is immaterial, don't you think?

Nope. Pretty stiff penalty for osmeone who has drugs in their home. So the easy thing is NEVER to have drugs at your home.

For the record, I do not use ANY illegal drugs and never have. I have MAYBE 1 or 2 drinks every 3 months.

Okay.

The step daughter is out for now pending her naming her "source" by 3:30pm tomorrow to the probation officer. I made her type a letter to the judge naming the source and why she withheld the source, as well as an apology to the judge and the court for lying.

And where is mom and dad in all this? Why are you the one involved in all this?

What amazes me is that this all stems from a $50 shoplifting charge.

Nope. She shoplifted AND took drugs.

She has never been in trouble for ANYTHING AT ALL....EVER!! Unbelieveable.

Actually what you mean is she has NEVER been CAUGHT!

edit..... I didn't think about the father being responsible for a portion of the costs as well. I will ask my wife to petition the court for an order requiring him to pay his part of the costs, since he can't pay his support.....EVER.[/quote]

[stealth2]

Poor, poor little girl. Steals, takes drugs, and has to suffer the indignities of going to juvie in a far far away place. I weep for her.

Or not. Face it, dude - this is the first time the little princess has been caught. If she were mine, 10 days in juvie and having to name her source would be a picnic compared to what she'd face when she came home. From ME - her parent.

[CourtClerk]

Originally Posted by stealth2

Or not. Face it, dude - this is the first time the little princess has been caught. If she were mine, 10 days in juvie and having to name her source would be a picnic compared to what she'd face when she came home. From ME - her parent.

EXACTLY but I have often said the problem with most kids are their parents. Children are master manipulators... visiting day??? Please.

What peeves me more than anything is that the OP is bothered by the judge saying:

I was basically told by the judge today that since I am the Step Father my input in the case is irrelevant

Not only is your input basically irrelevant it is COMPLETELY irrelevant, I don't care who's house she lives in. You are her mother's husband you are NOT her father. I have no idea why you were allowed in the courtroom anyway, that is a place for the parents. If it makes you feel any better, the drugs shouldn't be in her mother's house either.

And where are her parents anyway? Your little princess is a thieving druggie and if mom see it as it is, and get her the help that she obviously so desperately needs, then maybe she can turn herself around. You guys are doing her no favors.

however he didn't mind telling me that since my step-daughter tested positive for THC that if anything was EVER found at my home (even not in MY possession) that they could seize my home, my cars, and all my belongings

THC is still illegal in your state...correct me if I'm wrong. He should have added that if it were found, she would immediately be removed from the household.

The step daughter is out for now pending her naming her "source" by 3:30pm tomorrow to the probation officer. I made her type a letter to the judge naming the source and why she withheld the source, as well as an apology to the judge and the court for lying.

YOU made her type a letter.. I'm going to ask this question one more time. WHERE IN GOD'S NAME ARE HER PARENTS???

[stealth2]

It's easier for everyone this way. Mommy can wring her hands, Dad can be cast in the role of the deadbeat who won't do or pay for anything. Stepdad gets to be the standup guy who's going to make her walk the straight and narrow. Well, except for the kid who now hates him, Dad who's not going to be too fond of him, and Mom who'll be conflicted. Dude's a fall guy in a lot of ways. But it doesn't negate the fact that he really has no place at this table.