127 N.E.3d 1178
Ind. Ct. App.2019Background
- In Oct. 2017 the State filed a delinquency petition alleging M.C. committed child molesting between Oct. 10, 2011 and Jan. 5, 2013 (acts occurred when M.C. was under 18).
- At filing, M.C. was 22 years old; the State also filed a motion to waive juvenile jurisdiction to criminal court under Ind. Code § 31-30-3-2.
- M.C. moved to dismiss, arguing the juvenile court lacked subject matter jurisdiction because he was over 21 when charged and thus not a “child” under Ind. Code § 31-9-2-13.
- The juvenile court denied the motion to dismiss and the State’s waiver motion, accepted M.C.’s admission, adjudicated him delinquent, and placed him on non-reporting probation with conditions.
- On appeal the parties agreed the dispositive question was whether the juvenile court had subject matter jurisdiction given M.C.’s age at filing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the juvenile court had subject matter jurisdiction over M.C. when the petition was filed while he was 22 | State: juvenile court retained jurisdiction to adjudicate offenses committed while under 18 despite petitioner being over 21 at filing | M.C.: Ind. Code § 31-9-2-13 limits juvenile jurisdiction to persons under 21 at time of filing; being 22 strips juvenile jurisdiction | Court held juvenile court lacked subject matter jurisdiction because § 31-9-2-13 defines a “child” for delinquency purposes as only those under 21 at time of filing; adjudication and disposition were void |
Key Cases Cited
- Johnson v. State, 957 N.E.2d 660 (Ind. Ct. App. 2011) (jurisdictional prerequisites and effect of judgments rendered without jurisdiction)
- Troxel v. Troxel, 737 N.E.2d 745 (Ind. 2000) (when a court lacks subject matter jurisdiction its actions are void ab initio)
- M.B. v. State, 815 N.E.2d 210 (Ind. Ct. App. 2004) (juvenile courts are courts of limited jurisdiction and statutory prerequisites must be met)
- Twyman v. State, 459 N.E.2d 705 (Ind. 1984) (offender’s age at filing determines juvenile court subject matter jurisdiction)