C.R. v. State of Indiana (mem. dec.) ( 2019 )

MEMORANDUM DECISION
Pursuant to Ind. Appellate Rule 65(D),
this Memorandum Decision shall not be FILED
regarded as precedent or cited before any Aug 14 2019, 8:38 am
court except for the purpose of establishing CLERK
the defense of res judicata, collateral Indiana Supreme Court
Court of Appeals
estoppel, or the law of the case. and Tax Court
ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE
Deborah Markisohn Curtis T. Hill, Jr.
Marion County Public Defender Agency Attorney General of Indiana
Indianapolis, Indiana
Lauren A. Jacobsen
Deputy Attorney General
Indianapolis, Indiana
IN THE
COURT OF APPEALS OF INDIANA
C.R., August 14, 2019
Appellant-Respondent, Court of Appeals Case No.
18A-JV-2706
v. Appeal from the Marion Superior
Court
State of Indiana, The Honorable Marilyn Moores,
Appellee-Petitioner Judge
The Honorable Geoffrey Gaither,
Magistrate
Trial Court Cause No.
49D09-1611-JD-1868
May, Judge.
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[1] C.R. appeals her placement in the Department of Correction (“DOC”). As she
was released from DOC custody while this appeal was pending, we are unable
to provide her with the relief she requests. We conclude the issues she argues
on appeal are moot, and we decline to review the matter under the public
interest exception. Therefore, we dismiss C.R.’s appeal.
Facts and Procedural History
[2] On November 30, 2016, when C.R. was fifteen years old, the State filed a
delinquency petition alleging C.R. had committed acts that, if committed by an
adult, would be Level 1 felony burglary, 1 Level 2 felony attempted robbery, 2
and Class A misdemeanor possession of a firearm without a license. 3 On April
27, 2017, C.R. admitted she was a delinquent as to the firearm allegation and
agreed to testify against the two adults accused of committing the same crimes.
The State dismissed the other two allegations. The trial court adjudicated C.R.
a delinquent and placed C.R. on probation.
[3] On August 9, 2017, probation filed a Verified Petition for Modification of
Dispositional Decree, recommending that C.R. be detained “in order for DCS
[“Department of Child Services”] to file CHINS [“Child in Need of Services”]
and seeking placement regarding youth having an open assessment for
1
Ind. Code § 35-43-2-1(4).
2
Ind. Code § 35-42-5-1 (robbery); Ind. Code § 35-41-5-1 (attempt).
3
Ind. Code § 35-47-2-1(e).
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trafficking and prostitution.” (App. Vol. II at 199.) On November 6, 2017, the
trial court adjudicated C.R. a CHINS because she was a victim of sex
trafficking, her mother was incarcerated, her father could not be found, and her
maternal grandmother was unable to care for her. The trial court placed C.R.
at White’s Residential and Family Services (“White’s”) in Wabash, Indiana,
where C.R. was to receive counseling to assist her with the trauma of being a
sex trafficking victim.
[4] On December 7, 2017, the trial court issued an order bundling the CHINS and
delinquency cases. C.R. remained in placement at White’s until March 2018
when she was returned to her mother’s custody and continued on probation.
On March 29, 2018, C.R. was arrested for acts that, if committed by an adult,
would be Class A misdemeanor criminal trespass 4 and Class B misdemeanor
unauthorized entry of a motor vehicle. 5 On April 9, 2018, the probation
department filed a petition to modify C.R.’s dispositional decree based on her
arrest. Additionally, C.R. had routinely left her mother’s house without her
mother’s knowledge, had been on social media in violation of the court’s order,
and had not logged into her online schooling in two weeks.
[5] The trial court held a hearing on the matter on April 12, 2018. The trial court
ordered C.R. to remain in detention pending placement in a residential center
4
Ind. Code § 35-43-2-2(b).
5
Ind. Code § 35-43-4-2.7(d).
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that could address her need for therapy focused on her status as a victim of sex
trafficking. The trial court held hearings on April 19 and May 3, both times
issuing orders for C.R. to remain in detention until appropriate placement was
found. On May 17, 2018, on DCS’s recommendation, C.R. was released from
detention to her mother’s care and continued on probation. C.R. was ordered
to continue with services, stay off social media, and not use a cell phone or
related electronic device. C.R. was also placed on electronic monitoring at that
time.
[6] On June 8, 2018, the probation department alleged C.R. violated the terms of
her probation by using a cell phone, using social media, and having an
unauthorized visitor in her home. As a result, C.R. was placed in detention.
On June 28, C.R. admitted violating probation and was released from
detention, placed again in mother’s custody, and continued on probation. On
September 6, the probation department filed a petition for modification of
dispositional decree alleging C.R. violated the terms of her probation by
accessing social media and via an advertisement featuring C.R. on a website
known for the advertisement of prostitution. The trial court issued a warrant for
C.R.’s arrest.
[7] Police apprehended C.R. on September 7. At the hearing on the modification
petition on September 27, the trial court determined C.R. violated her
probation. The trial court set a hearing for two weeks later to give the
probation department and DCS time to secure placement for C.R. in a
residential facility that specialized in treating sex trafficking victims. At a
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hearing on October 11, DCS and the probation department reported they were
unable to find an appropriate residential placement for C.R. The trial court
ordered:
[C.R.] is awarded to the Guardianship of the Indiana
Department of Correction for housing in any correctional facility
for children until the age of 21, unless sooner released by the
Department of Correction. [C.R.] is detained pending transfer.
The Court recommends [C.R.] be committed for a period of 6
months. The Court recommends [C.R.] complete [a] counseling
program and complete a Vocational and/or GED program.
(App. Vol. V at 85.)
[8] C.R. filed a motion to reconsider her placement on October 16, 2018, and the
trial court denied her request the same day. C.R. was released from DOC
custody on April 15, 2019. On May 29, 2019, C.R. turned eighteen years old.
Discussion and Decision
[9] C.R. appeals her placement in DOC. However, she has been released from
DOC custody since April 15, 2019. A case should be dismissed as moot when
no effective relief can be rendered to the parties before the court. C.J. v. State,
74 N.E.3d 572, 575 (Ind. Ct. App. 2017), trans. denied. However, a public
interest exception to the mootness doctrine allows us to review issues of great
public importance. Id. The public interest exception is usually recognized in
cases that involve issues likely to recur. Id.Court of Appeals of Indiana | Memorandum Decision 18A-JV-2706 | August 14, 2019 Page 5 of 8
[10] Our standard of review regarding the placement of delinquent juveniles is well-
established:
The juvenile court is accorded “wide latitude and great flexibility
in dealing with juveniles[.]” C.T.S. v. State, 781 N.E.2d 1193,
1203 (Ind. Ct. App. 2003), trans. denied. The specific disposition
of a delinquent child is within the juvenile court’s discretion, to
be guided by the following considerations: the safety of the
community, the child’s best interests and freedom, the least
restrictive alternative, family autonomy and life, and the freedom
and opportunity for participation of the parent, guardian, or
custodian. K.S. v. State, 849 N.E.2d 538, 544 (Ind. 2006); see also
Ind. Code § 31-37-18-6. We reverse only for an abuse of
discretion, that is, a decision that is clearly against the logic and
effect of the facts and circumstances before the court, or the
reasonable, probable, and actual deductions to be drawn
therefrom. K.S., 849 N.E.2d at 544.
K.S. v. State, 114 N.E.3d 849, 954 (Ind. Ct. App. 2018), trans. denied. C.R.
contends the trial court abused its discretion when it placed her in DOC
custody without considering a less-restrictive placement simply because of her
status as a sex trafficking victim.
[11] Specifically, she argues the trial court was required, when determining her
placement, to consider Indiana Code section 35-42-3.5-4, which states in
relevant part:
(a) An alleged victim of an offense under sections 1 through 1.4
of this chapter:
(1) may not be detained in a facility that is inappropriate to
the victim’s status as a crime victim;
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(2) may not be jailed, fined, or otherwise penalized due to
having been the victim of the offense; and
(3) shall be provided protection if the victim’s safety is at
risk or if there is danger of additional harm by recapture of
the victim by the person who allegedly committed the
offense, including:
(A) taking measures to protect the alleged victim
and the victim’s family members from intimidation
and threats of reprisals and reprisals from the person
who allegedly committed the offense or the person’s
agent; and
(B) ensuring that the names and identifying
information of the alleged victim and the victim’s
family members are not disclosed to the public.
This subsection shall be administered by law enforcement
agencies and the Indiana criminal justice institute as appropriate.
However, C.R. did not raise the applicability of Indiana Code section 35-42-3.5-
4 before the trial court, and thus the issue is waived. See A.K. v. State, 915
N.E.2d 554, 556 (Ind. Ct. App. 2009) (claim of error waived for failure to
present it before the trial court), reh’g denied, trans. denied.
[12] C.R.’s hearing was before the bench. We assume the judge knows and follows
the applicable law. Leggs v. State, 966 N.E.2d 204, 208 (Ind. Ct. App. 2012).
Therefore, we presume the trial court considered Indiana Code section 35-42-
3.5-4 when making its decision to place C.R. in DOC custody. While we
recognize the importance of appropriate placement for trafficking victims, the
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trial court’s discretion, the waiver of the statutory argument, and the mootness
of the issues based on C.R.’s release from custody render us incapable of issuing
more than an advisory opinion, which we cannot do. See Richardson v. State,
402 N.E.2d 1012 (Ind. Ct. App. 1980) (“[t]he court does not engage in
discussions of moot questions or render advisory opinions”). Accordingly, we
dismiss her appeal.
Conclusion
[13] The issue raised by C.R. regarding her placement in the DOC is moot because
her time of confinement has passed. Therefore, we dismiss.
[14] Dismissed.
Najam, J., and Bailey, J., concur.
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