B.C. v. State of Indiana ( 2012 )

Pursuant to Ind. Appellate Rule 65(D), this
Memorandum Decision shall not be
regarded as precedent or cited before any
court except for the purpose of establishing
the defense of res judicata, collateral
estoppel, or the law of the case.
ATTORNEY FOR APPELLANT: ATTORNEYS FOR APPELLEE:
JEFFREY E. STRATMAN GREGORY F. ZOELLER
Aurora, Indiana Attorney General of Indiana
J.T. WHITEHEAD
Deputy Attorney General
FILED
Indianapolis, Indiana
Aug 31 2012, 9:18 am
IN THE
CLERK
COURT OF APPEALS OF INDIANA of the supreme court,
court of appeals and
tax court
B.C., )
)
Appellant-Respondent, )
)
vs. ) No. 15A01-1202-JV-68
)
STATE OF INDIANA, )
)
Appellee-Petitioner. )
APPEAL FROM THE DEARBORN CIRCUIT COURT
The Honorable James D. Humphrey, Judge
Cause No. 15C01-0805-JD-102 and 15C01-0806-JD-103
August 31, 2012
MEMORANDUM DECISION - NOT FOR PUBLICATION
KIRSCH, Judge
B.C. appeals the trial court’s order requiring him to register as a sex offender
contending that the order was premature and was not supported by clear and convincing
evidence. The State concedes that the order is premature and should be vacated. A sex
offender registry hearing for a juvenile may be conducted only after the juvenile has been
released from a juvenile detention facility or discharged from a secure private facility. B.W.
v. State, 909 N.E.2d 471, 477 (Ind. Ct. App. 2009). Here, the trial court ordered B.C. placed
in Wernle Children’s facility, a secure private facility. He has not been released from the
facility, and the trial court order is premature. We vacate the trial court’s registration order
and remand with instructions.
Vacated and remanded.
NAJAM, J., and MAY, J., concur.
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