26A-JV-01273•Q A v. State of Indiana
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Court of Appeals of Indiana | Memorandum Decision 26A-JV-1273 | October 21, 2026 Page 1 of 8 Pursuant to Indiana Appellate Rule 65(E), the trial court and parties shall not take any action in reliance upon this memorandum decision until it is certified. MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision is not binding precedent for any court and may be cited only for persuasive value or to establish res judicata, collateral estoppel, or law of the case. I N T H E Court of Appeals of Indiana Q. A. Appellant-Respondent, v. State of Indiana, Appellee-Petitioner October 21, 2026 Court of Appeals Case No. 26A-JV-1273 Appeal from the Spencer Circuit Court The Honorable Jonathan A. Dartt, Judge The Honorable Thomas R. Pulley, Judge Pro Tempore Trial Court Cause No. 74C01-2404-JD-120
Court of Appeals of Indiana | Memorandum Decision 26A-JV-1273 | October 21, 2026 Page 2 of 8 Memorandum Decision by Judge Altice Judges Bailey and Bradford concur. Altice, Judge Case Summary [1] Q.A. appeals the juvenile court’s order committing him to the Indiana Department of Correction (DOC). Q.A. contends that the juvenile court abused its discretion by making him a ward of the DOC because less restrictive placement was available. [2] We affirm. Fact and Procedural History [3] In November 2023, the State alleged twelve-year-old Q.A. to be a delinquent child for committing domestic battery against his mother. Q.A. was placed on probation, and the following month, Q.A. was again alleged to be a delinquent child for battering his mother. Q.A. was placed in his father’s care and ordered to participate in rehabilitative services. [4] On May 1, 2024, the State filed another petition alleging that Q.A. was a delinquent child for committing domestic battery as a Class A misdemeanor, battery as a Class B misdemeanor, and disorderly conduct as a Class B misdemeanor. Q.A. denied the allegations and was placed at an inpatient
Court of Appeals of Indiana | Memorandum Decision 26A-JV-1273 | October 21, 2026 Page 3 of 8 treatment facility in California. Q.A. was unsuccessfully discharged from that facility in less than a month and was placed with his grandparents. [5] In August 2024, Q.A.’s grandparents announced that they were no longer willing to have Q.A. live with them because of his escalating aggressive behavior. Q.A. was then returned to his mother’s care and placed on a wait list for a residential treatment facility. [6] Following adjudication of pending delinquency allegations, the juvenile court ordered Q.A. to two years of reporting probation with instructions to follow Family Preservation Services’ recommendations. Q.A. was also ordered to be evaluated by Life Spring or a comparable program for substance abuse and/or mental health treatment. [7] In September 2024, Q.A. threatened to kill himself and he repeatedly kicked his mother in the leg causing her pain. Q.A.’s mother contacted the police and the State alleged that Q.A. was delinquent for committing domestic battery. Q.A. was placed in detention until November 1, 2024, when he was again released to his mother. In early December 2024, Q.A. threatened to shoot his mother while pointing his finger at her in the shape of a gun. He also used her debit card without permission. [8] The State filed a notice of probation violation on December 5, 2024. At Q.A.’s initial hearing, the juvenile court placed Q.A. at Youth Care Center (Youth Care) in Evansville. Q.A. thereafter admitted violating probation by committing domestic battery and failing to follow his mother’s lawful
Court of Appeals of Indiana | Memorandum Decision 26A-JV-1273 | October 21, 2026 Page 4 of 8 commands. The juvenile court continued Q.A.’s probation and ordered him placed at Childplace Family Services (Childplace). At a review hearing on September 11, 2025, Q.A.’s case manager advised the juvenile court that Q.A. continued to have behavioral issues, and because of those problems, no discharge date from Childplace was set. [9] On November 10, 2025, Q.A. possessed a sharpened stick and drank cologne at Childplace because he believed that it would taste like alcohol. The following day, Q.A. punched a resident in the face. A week later, Q.A. had to be restrained from assaulting another resident. In December 2025, Q.A. was suspended from school for possessing marijuana, and he was caught with vape pens on several occasions. Q.A. also stopped participating in most of the services required of his treatment program. [10] The State filed a notice of probation violation on December 19, 2025, and Q.A. subsequently admitted to violating probation by failing to complete residential treatment program requirements. Q.A. admitted that he would “continue to break the law.” Transcript at 23-24. [11] At a dispositional hearing on April 16, 2026, Q.A.’s mother testified that she wanted Q.A. to return home to her custody, yet she acknowledged that since January 2024, Q.A. has had nine in-patient treatment stays in addition to court- ordered residential treatment. [12] On April 21, 2026, the juvenile court determined that Q.A. could not safely stay at home and that there was at least an eight-week wait before he could be
Court of Appeals of Indiana | Memorandum Decision 26A-JV-1273 | October 21, 2026 Page 5 of 8 placed in a residential treatment facility. The juvenile court observed, however, that there were more immediate treatment options for Q.A. through the DOC. The juvenile court further noted that it was not safe for Q.A. to remain in the community because he has failed to demonstrate that he would follow the rules at home or at school. The juvenile court also found that Q.A. continued to engage in delinquent and violent behavior while residing at residential facilities. Thus, the juvenile court ordered Q.A. committed to the DOC. [13] Q.A. now appeals. Additional information will be added as needed. Discussion and Decision [14] Q.A. contends that the juvenile court abused its discretion in committing him to the DOC. A juvenile court generally enjoys “wide latitude and great flexibility” in juvenile matters, and its placement decisions are reviewed for an abuse of discretion. K.S. v. State, 114 N.E.3d 849, 854 (Ind. Ct. App. 2018), trans. denied. An abuse of discretion occurs when the trial court’s decision is clearly against the logic and effect of the facts and circumstances before the court, or the decision reflects a misapplication of the law. J.Q.R. v. State, 252 N.E.3d 919, 924 (Ind. 2025). [15] The juvenile court’s discretion with placement decisions is regulated by statute. R.A. v. State, 936 N.E.2d 1289, 1291 (Ind. Ct. App. 2010). In placing a delinquent child, the juvenile court must exercise its discretion within the parameters of Ind. Code § 31-37-18-6. This statute provides, among other things, that “[i]f consistent with the safety of the community and the best
Court of Appeals of Indiana | Memorandum Decision 26A-JV-1273 | October 21, 2026 Page 6 of 8 interest of the child, the juvenile court shall enter a dispositional decree that is in the least restrictive . . . and most appropriate setting available; and . . . imposes the least restraint on the freedom of the child. . . .” Id. [16] Although the juvenile court is required to select the least restrictive placement that is appropriate, it is recognized that in certain situations “the best interest of the child is better served by more restrictive placements.” M.M. v. State, 189 N.E.3d 1163, 1165 (Ind. Ct. App. 2022). And even if a less harsh option may exist at the time of a juvenile’s disposition, commitment to a suitable public institution might still be in the best interest of the juvenile and of society. D.S. v. State, 829 N.E.2d 1081, 1085 (Ind. Ct. App. 2005). Placement in a DOC facility is not a punishment; it ensures that the juvenile “receives, in a secure environment, the extended rehabilitative counseling” that he needs. M.C. v. State, 134 N.E.3d 453, 461 (Ind. Ct. App. 2019), trans. denied. In short, confinement “may be one of the most effective rehabilitative techniques available” in some instances. K.A. v. State, 775 N.E.2d 382, 387 (Ind. Ct. App. 2002), trans. denied. [17] In this case, Q.A.’s extensive involvement in the juvenile justice system began when he was only twelve years old. He battered his mother and threatened her on several different occasions. Q.A. was placed on probation many times and he failed to comply with family preservation services. [18] After Q.A. admitted to violating probation, the juvenile court ordered him to be placed in residential treatment. Although Q.A. entered a treatment facility in
Court of Appeals of Indiana | Memorandum Decision 26A-JV-1273 | October 21, 2026 Page 7 of 8 California, he was unsuccessfully discharged from that facility in less than a month because of his aggressive behavior. While at Childplace in Indiana, Q.A. continued his violent and delinquent behavior and battered another resident. He also had to be restrained from attacking a different resident with a sharpened stick. Q.A. was also caught with vape pens multiple times while in residential treatment, drank cologne, believing that it would taste like alcohol, and was suspended from school for possessing marijuana. [19] Q.A. also stopped participating in services and he failed to comply with the requirements of his treatment program. Since January 2024, Q.A. had nine in- patient treatment stays. Despite those interventions, Q.A.’s behavior continued to escalate when less restrictive measures were in place. Q.A. admitted that he struggled to control his behavior and that he would just “snap” on occasion. Transcript at 35. [20] Although Q.A. argues that he should have been returned to his mother’s custody, the juvenile court considered that option and determined that placement with his mother was not in Q.A.’s best interest because it was not safe for him, his mother, or the community. The juvenile court further observed that Q.A. failed to rectify his behavior during his placement in less restrictive residential treatment facilities. [21] The juvenile court also noted that Q.A. could not be placed in a residential treatment facility for at least eight weeks, and that the DOC offered more immediate treatment options to address Q.A.’s needs.
Court of Appeals of Indiana | Memorandum Decision 26A-JV-1273 | October 21, 2026 Page 8 of 8 [22] In sum, the record reflects that the juvenile court thoroughly considered Q.A.’s history and the previous attempts at rehabilitation prior to committing him to the DOC, explaining that it had “exhausted . . . other options” and that “continued detention is essential to protect the child and community.” Transcript at 49. Inasmuch as the evidence demonstrated that extensive and less restrictive rehabilitation efforts previously received by Q.A. were unsuccessful, we conclude that the juvenile court did not abuse its discretion in committing him to the DOC. [23] Judgment affirmed. Bailey, J. and Bradford, J., concur. ATTORNEYS FOR APPELLANT Faith E. Alvarez Alexis G. Sizemore Indianapolis, Indiana ATTORNEYS FOR APPELLEE Theodore E. Rokita Indiana Attorney General Megan M. Smith Assistant Section Chief, Capital and Habeas Litigation Courtney L. Staton Deputy Attorney General Indianapolis, Indiana
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