In re K.B.8/26/2003
FOR PUBLICATION
OPINION - FOR PUBLICATION
STATEMENT OF THE CASE
Appellant-Petitioner, LaPorte County Office of Family and Children (LPOFC) appeals the juvenile court's dispositional order confirming K.B.'s status as a child in need of services (CHINS) and making K.B. a ward of LPOFC for placement in residential care.
Affirmed.
ISSUES
LPOFC raises two issues on appeal, which we restate as follows:
1. Whether the juvenile court possessed subject matter jurisdiction;
2. Whether LPOFC's July 8, 2002 Motion to Dismiss affected the juvenile court's jurisdiction; and
3. Whether the juvenile court erred in making a CHINS adjudication and entering a dispositional order in this case?
FACTS AND PROCEDURAL HISTORY
Appellee-Respondent, Patricia Burgess (Mother), is the natural mother of K.B., a minor. On January 16, 2002, Mother admitted K.B., who was ten years old at the time, to the inpatient unit at Madison Center for Children (Madison Center) due to K.B.'s severe aggression toward family members, destruction of property, fire-setting, running away and truancy. On approximately February 14, 2002, K.B. was deemed psychiatrically stable and ready for discharge to a less restrictive, long-term residential treatment setting. This determination resulted in a Medicaid determination that inpatient care was no longer medically necessary. Consequently, further Medicaid inpatient funding was denied.
On February 22, 2002, February 27, 2002, March 8, 2002, and March 20, 2002, Mother refused to accept care, custody and supervision of K.B., and declined to pick K.B. up from Madison Center despite K.B.'s discharge status. In the meantime, on March 18, 2002, Mother authored a letter explaining that she is unable to control K.B., and that she felt that K.B. "is not well enough to return home at this time." (Appellant's App. p. A-271). Mother further stated, "I am unable to give him the kind of supervision that I feel he must have," and that K.B. "should go to residential treatment as is recommended by Madison Center." (Appellant's App. p. A-271). This letter was forwarded to LPOFC by Madison Center.
On March 25, 2002, LPOFC filed a petition alleging that K.B. was a CHINS. The petition was based on Mother's letter and additional information obtained from Madison Center. On May 30, 2002, an initial hearing was held. At this hearing, Mother admitted to the allegations in the CHINS petition. Additionally at this hearing, LPOFC requested, and the juvenile court granted, a continuance in order to file an amended CHINS petition as well as a memorandum explaining LPOFC's position in the matter. Consequently, the juvenile court continued the matter until June 28, 2002.
By the June 28, 2002 hearing, LPOFC filed a memorandum and a motion to hold the proceedings in abeyance; however, LPOFC failed to file an amended CHINS petition. When the juvenile court inquired into the delay, LPOFC responded that it did not feel it had "sufficient means" to proceed with the existing CHINS petition. (Transcript p. 37). Also during the June 28, 2002 hearing, the juvenile court and the parties engaged in a lengthy and somewhat circular discussion revolving around LPOFC's position on the CHINS petition. Specifically, LPOFC suggested that it could not go forward with the existing petition and was inclined to withdraw the petition. The juvenile court responded that LPOFC's withdrawal of the petition could effectively end the case, because the juvenile court might be without authority, i.e. jurisdiction, to proceed. In response, Counsel for Madison Center warned that K.B. would n
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