State Ex Rel. W.A. v. Marion County Superior Court

SULLIVAN, Justice,

concurring.

In a different case, I think that we could well find, based on the parens patriae history of the Juvenile Code1 and the purposes clauses contained at Ind.Code § 31-10-2-1 (especially § 31-10-2-1(4), (6), (8) and (9)(C)2), that a juvenile court has inherent authority to impose certain restrictions on a child alleged to be delinquent and the child’s parents pending fact-finding without those restrictions constituting “detention” within the meaning of the Code.

DICKSON, J., concurs.

. The Chief Justice is kind enough to cite my history of the founding of the Indiana juvenile court. In it, I discuss the parens patriae philosophy that animated the juvenile court movement. 30 Ind. L.Rev. at 281.

. "It is the policy of this state and the purpose of this title to: ...

(4) strengthen family life by assisting parents to fulfill their parental obligations; ...
(6) remove children from families only when it is in the child's best interest or in the best interest of public safety; ...
(8) use diversionary programs when appropriate;
(9) provide a judicial procedure that: ... (C) recognizes and enforces the accountability of children and parents.”

Ind.Code § 31-10-2-1 (1998).