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In re TLC

Court of Appeals of Indiana

February 21, 2014

IN THE MATTER OF: TLC, A CHILD ALLEGED TO BE A DELINQUENT CHILD, Appellant-Respondent,
v.
STATE OF INDIANA, Appellee-Petitioner

Editorial Note:

These opinions are not precedents and cannot be cited or relied upon unless used when establishing res judicata or collateral estoppel or in actions between the same party. Indiana Rules of Appellate Procedure 65(D).

APPEAL FROM THE OWEN CIRCUIT COURT. The Honorable Lori Thatcher Quillen, Judge. Cause Nos. 60C01-1207-JD-114 and 60C01-1307-JD-80.

ATTORNEY FOR APPELLANT: MARK SMALL, Indianapolis, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana, J.T. WHITEHEAD, Deputy Attorney General, Indianapolis, Indiana.

BAKER, Judge. NAJAM, J., and CRONE, J., concur.

OPINION

MEMORANDUM DECISION -- NOT FOR PUBLICATION

BAKER, Judge

Appellant-respondent TLC admitted to committing the offense of what would be Resisting Law Enforcement,[1] a class A misdemeanor, if committed by an adult, when the evidence showed that he continued to run from the police after the officer identified himself by visible or audible means and visibly or audibly ordered TLC to stop. TLC was also adjudicated a delinquent for having committed what would have been the offense of Battery,[2] a class B misdemeanor, had it been committed by an adult, when he hit his mother and placed her in a headlock. The juvenile court awarded wardship of TLC " to the Indiana Department of Correction (DOC) for housing in any correctional facility for children." Appellant's App. p. 7.

We conclude that the juvenile court's commitment of TLC to the DOC was proper. We also disagree with TLC's contentions that the evidence was insufficient to support the adjudications for battery and resisting law enforcement.

FACTS

On June 23, 2012, at approximately 1:30 a.m., sixteen-year-old TLC was at a Circle K with a friend. TLC knew that he was not allowed out after curfew. At some point, a police officer encountered TLC's friend. TLC left the Circle K and attempted to hide from the police. After seeing one police officer driving around in the area, TLC ran to " get away from" the police. Tr. p. 65. TLC later admitted that he had no reason to contest the police officer's claim that the officer had ordered him to stop before TLC decided to keep running.

After TLC was arrested, the State filed a delinquency petition against him, alleging that TLC did " knowingly flee from [Officer] Dave Risk, a law enforcement officer, after said officer identified himself by visible or audible means and visibly or audibly ordered [TLC] to stop." Appellant's App. p. 24. Following an initial hearing, the juvenile court ordered TLC to stay at his residence, provided that he would comply with a 9:00 p.m. curfew. The juvenile court also put TLC's family in contact with juvenile probation officer Jacob Woodruff.

On September 6, 2012, Woodruff was informed by Deputy Russell Glenn that, according to school officials, TLC was in possession of tobacco. When Deputy Glenn attempted to search TLC for the substance, TLC called Deputy Glenn names and was un-cooperative. Woodruff testified that school discipline was an " ongoing" issue for TLC, who had been kicked off of a school bus and had been sent to the principal's office regarding other behavioral matters. Tr. p. 21. Deputy Glenn did not believe it was in either TLC's best interests or the school's interests for TLC to remain at school. As a result, TLC was detained and placed at the Southwest Youth Village (Southwest) in Vincennes on September 6, 2012.

Thereafter, it was decided that TLC could leave the facility and stay at home on electronic monitoring. TLC was also ordered to undergo counseling. TLC was eventually detained again at Southwest after he violated the electronic monitoring rules, refused to return home with his parents, and created disciplinary problems at school.

At the evidentiary hearing on October 2, 2012, TLC admitted to having committed what would have been resisting law enforcement had it been committed by an adult. As a result, the juvenile court entered a judgment of delinquency. The State informed the juvenile court that TLC had been behaving poorly at Southwest and had threatened to attack staff members.

It was determined that TLC needed structured discipline and individual therapy. TLC also had issues with anxiety and depression, ADHD, and various family conflicts. Woodruff recommended that TLC be placed in a more secure facility in light of his threatening behavior. As a result, the juvenile court ordered that TLC be placed in Valle Vista, and that the length of the stay would be ...


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