MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), FILED this Memorandum Decision shall not be Nov 16 2018, 9:10 am regarded as precedent or cited before any CLERK Indiana Supreme Court court except for the purpose of establishing Court of Appeals and Tax Court the defense of res judicata, collateral estoppel, or the law of the case. ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Kimberly A. Jackson Curtis T. Hill, Jr. Indianapolis, Indiana Attorney General of Indiana Angela N. Sanchez Lee M. Stoy, Jr. Deputy Attorneys General Indianapolis, Indiana IN THE COURT OF APPEALS OF INDIANA A.C., November 16, 2018 Appellant-Respondent, Court of Appeals Case No. 18A-JV-738 v. Appeal from the Noble Superior Court State of Indiana, The Honorable Robert E. Kirsch, Appellee-Petitioner. Judge Trial Court Cause No. 57D01-1711-JD-67 Robb, Judge. Court of Appeals of Indiana | Memorandum Decision 18A-JV-738 | November 16, 2018 Page 1 of 11 Case Summary and Issues [1] A.C. was adjudicated a delinquent child and the juvenile court awarded wardship of him to the Indiana Department of Correction (“DOC”). A.C. appeals, raising two issues for our review: 1) whether the juvenile court committed fundamental error in proceeding to disposition without a predispositional report; and 2) whether the juvenile court abused its discretion in committing A.C. to the DOC. Concluding no fundamental error occurred and that the disposition was not an abuse of discretion, we affirm. Facts and Procedural History [2] On September 24, 2016, A.C., who was then sixteen years old, was left in charge of his seven-year-old niece, C.A., while her parents went to the store. While they were gone, A.C. came into C.A.’s room and began moving his hips in front of her face. He then pushed her down on the bed, and while both were fully clothed, rubbed his penis on her vagina, attempted to kiss her, and rubbed her “bottom” with his hand. Transcript, Volume 2 at 37. C.A. told her mother what had happened when she returned, and the family reported the incident to police. A.C. is originally from Honduras. He came to the United States in August 2016 to live with his mother in Noble County. Neither speaks English. A.C. admitted he had been in C.A.’s room to help her find her bookbag and that they had fallen onto her bed when they hugged but stated that he got up Court of Appeals of Indiana | Memorandum Decision 18A-JV-738 | November 16, 2018 Page 2 of 11 immediately and denied that he rubbed against her. These events occurred in Allen County.1 [3] At the conclusion of the fact-finding hearing, the Allen Superior Court found the State proved beyond a reasonable doubt that A.C. had committed the equivalent of child molesting, a Level 4 felony if committed by an adult. The Allen Superior Court released A.C. to his mother and by agreement of the parties, referred the matter to Noble County for disposition. The fact-finding order does not direct preparation of a predispositional report. The Noble Superior Court ordered a psychological ...
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