K.A. v. State

775 N.E.2d 382 (2002)

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K.A. v. State

Indiana Court of Appeals
775 N.E.2d 382 (2002)

  • Written by Nathan Benedict, JD

Facts

K.A. (defendant), a minor, was adjudicated delinquent after punching another person at school, returning to the school, and running away from an officer trying to arrest her. K.A. was placed on formal probation at the Lutherwood Residential Treatment Center. The state sought to revoke her probation after she failed to return to Lutherwood after school one day. The court revoked K.A.’s probation and committed her to the department of corrections (DOC) for placement at the girls school, but the court suspended the commitment and allowed her to return to Lutherwood with the admonition that any further rule-breaking would result in her commitment. K.A. began spending weekends with a foster family that had expressed interest in taking her after her release. A month later, K.A. physically assaulted and used profanity at a resident and was suspected of planning to run away. The state again sought to revoke her probation. At K.A.’s disposition hearing, her guardian ad litem asked that she be placed with the foster family as the least restrictive placement. The trial court instead ordered her committed to the DOC for placement at the girls school. K.A. appealed.

Rule of Law

Issue

Holding and Reasoning (Riley, J.)

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Casebooks

Children and Juveniles

Key Terms

  • Abuse of DiscretionAn adjudicator’s failure to make a decision in accordance with principles of soundness, reasonableness, or legality.
  • ProbationA criminal sentence allowing the offender to live in the community rather than being incarcerated, as long as compliance with specified conditions is maintained.
  • RehabilitationOne of the goals of criminal punishment, involving therapy or training to help and educate someone who committed a crime. In evidence, rehabilitation is a method by which a party to a trial overcomes the impeachment of the party's witness during cross-examination.
  • DelinquencyThe adjudicated status of a minor who has committed disorderly, antisocial, or illegal acts; also known as juvenile delinquency.
  • Dispositional HearingA hearing in a juvenile-delinquency proceeding, equivalent to a sentencing hearing for adults in criminal court, in which a court determines the disposition of a juvenile who has committed a delinquent act.

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