finding no merit in the appellant’s contention that hearsay was improperly admitted in his juvenile probation revocation hearing, the Indiana Court of Appeals reasoned that excluding hearsay evidence in disposition hearings would in *60 many cases disserve the child by excluding relevant information that might support a less restrictive disposition
How later courts described this case
- finding no merit in the appellant’s contention that hearsay was improperly admitted in his juvenile probation revocation hearing, the Indiana Court of Appeals reasoned that excluding hearsay evidence in disposition hearings would in *60 many cases disserve the child by excluding relevant information that might support a less restrictive disposition
- urging caseworker client privilege
Written by the judges who cited it.
The opinion
CONOVER, Judge,
dissenting.
I respectfully dissent. The majority here engages in an evidence-weighing exercise. We may not do so on appeal.
There is substantial evidence supporting the trial court's determination this child properly was transferred to Boys' School. We should not disturb that determination for all the usual reasons, but especially because of the sensitive area in which this case is postured. This is a juvenile matter where the best interests of the child are paramount. Substituting our judgment for that of the trial court is particularly inappropriate in this most delicate area. Judgment in such matters is most particularly for the field, not here from a cold record.
I would sustain the trial court.