In re D.S. v. , 48A02-0905-JV-428
2nd Dist., 08-10-09, Ind.App. 910 N.E.2d 837
Attorney: Steven C. Smith
Holding: Trial court did not err in rejecting DCS’s placement recommendations and following recommendation of probation department to place Defendant in the Right of Passage program in Arizona. A court may not place a delinquent child in a non-secure detention facility outside of Indiana unless the court makes written findings, based on clear and convincing evidence, the out-of-state placement is appropriate because there is no “comparable facility with adequate services located in Indiana.” I.C. 31-37-19-3(b)(2)(A). Here, evidence supported trial court’s findings and decision to place Defendant in Right of Passage program against DCS’s recommendation. Probation officer testified: 1) that program would allow Defendant to use his leadership skills “in a very positive way” and could lead to athletic scholarship opportunities; 2) probation was unable to find comparable placement in Indiana; and 3) placement in facilities recommended by DCS would threaten safety of surrounding communities and would cause a “dramatic setback” for Defendant as it would not sever Defendant’s negative ties with his community. Right of Passage program was also recommended and approved by Madison County’s chief probation officer. Held, judgment affirmed.
See also: In re T.D., No. 71A04-0906-JV-312 (Ind.Ct.App. 08-28-09) (clear and convincing evidence supported trial court’s placement of juvenile in out-of-state shelter care facility and finding that DCS’s alternative placement recommendations were contrary to T.D.’s best interests).
