D.P. v. State of Indiana State of Indiana v. N.B.

Summary

The Indiana Supreme Court held that a juvenile court lacks subject matter jurisdiction to waive an alleged offender into adult criminal court when the offender was at least twenty-one when the delinquency petition was filed. Because D.P. and N.B. did not qualify as "children" under the governing statutes, the court could neither adjudicate them delinquent nor conduct waiver proceedings. The court reversed and remanded D.P.'s case for dismissal and affirmed the dismissal of N.B.'s case.