Mother appealed from an order entered at the last contested section 364 of the Welfare and Institutions Code hearing at which the juvenile court maintained jurisdiction over her 17-month-old son despite the recommendation of the Department to terminate jurisdiction. The court concluded that there is substantial evidence submitted by the Department and in the record that supports the juvenile court's determination not to terminate jurisdiction. Among other things, Mother still struggled with providing the son with everything he needed; a counselor reported that Mother will benefit from continued treatment; the parenting and mental concerns that brought Mother to the attention of the Department and Children's court remain a work in progress; and there is no evidence concerning mother's capacity to live independently. Accordingly, the court affirmed the order. View "In re J.F." on Justia Law

The question presented in this case was when a juvenile court can conduct an Ohio Rev. Code 2152.83(B)(2) hearing regarding the appropriateness of juvenile-offender-registrant classification for a juvenile adjudged delinquent. Specifically, at issue was whether a juvenile court can conduct a classification hearing at the time of disposition in a case in which a juvenile is committed to a secure facility or whether the court must wait to conduct the hearing until the juvenile is released from the secure facility. The juvenile court in the instant case committed a juvenile to the Department of Youth Services during a disposition hearing and then, at the same hearing, classified the juvenile as a Tier III sex offender/child-victim offender. The juvenile appealed his classification, arguing that it violated section 2152.83(B)(1). The court of appeals affirmed the judgment of the juvenile court. The Supreme Court affirmed, holding that if a court commits a child to a secure facility, section 2152.83(B)(1) permits the court to conduct a classification hearing at the time of disposition. View "In re I.A." on Justia Law

S.L., the daughter of Julia, born in 2002, was adjudicated abused or neglected in 2007, and was made a ward of the court in January 2008, pursuant to the Juvenile Court Act, 705 ILCS 405/2-3(1)(b). The conditions that gave rise to her removal were insect bites, apparent dog bites, substantial bruising to her shoulder and groin, and unclean living conditions. At each of five subsequent permanency hearings, the goal was for S.L. to return to Julia within 12 months, while custody remained with the Department of Children and Family Service. In July 2010, the goal was changed to substitute care pending termination of parental rights. Julia was continuously represented by counsel. In November 2011, the state sought termination of parental rights, alleging that Julia failed to make reasonable efforts to correct the conditions that were the basis for the removal and was unable to discharge parental responsibilities de to mental impairment. The appellate court reversed the trial court’s finding of unfitness because the state did not file a separate notice under the Adoption Act (750 ILCS 50/1(D)(m)(iii), identifying which nine-month periods were the subject of the termination proceeding. The Illinois Supreme Court reversed and reinstated the finding, noting that Julia did not allege any harm as a result of the defect in notice. Failure to file the separate notice pleading was a pleading defect, not a failure to state a cause of action, and was forfeited by Julia because she failed to raise the issue in the trial court.View "In re S.L." on Justia Law

When he was seventeen years old, Appellant committed the crime of first-degree robbery. Appellant was sentenced to a term of imprisonment not to exceed twenty-five years. Appellant was sentenced under a statute that required him to serve at least seventy percent of his sentence before he was eligible for parole. Appellant appealed, arguing that his sentence constituted cruel and unusual punishment. The Supreme Court vacated the sentence and remanded to the district court for resentencing, holding that, for the reasons express in State v. Lyle, filed on this same date, the mandatory sentence violated the prohibition against cruel and unusual punishment under the Iowa Constitution. View "State v. Taylor" on Justia Law

Appellant was a seventeen-year-old high school student when he took a small plastic bag containing marijuana from a fellow student outside the high school. After a jury trial, Appellant was convicted of robbery in the second degree. Appellant was prosecuted as an adult and was sentenced under a statute that required the imposition of a mandatory seven-year minimum sentence of imprisonment. Appellant appealed, arguing that the mandatory minimum was unconstitutional as applied to him. During the pendency of the appeal, the United States decided Miller v. Alabama. The court of appeals affirmed the sentence. The Supreme Court granted review to consider whether Appellant’s sentence was constitutional in light of the cases the Court handed down subsequent to Miller. The Supreme Court vacated the sentence and remanded for resentencing, holding that a statute mandating a sentence of incarceration in a prison for juvenile offenders with no opportunity for parole until a minimum period of time has been served is unconstitutional under the Iowa Constitution. View "State v. Lyle" on Justia Law

Petitioner Jaryd Schroeder sought treatment from the respondents, Dr. Steven Weighall and Columbia Basin Imaging. Schroeder was nine years old at the time and suffered from headaches, nausea, dizziness, weakness in his legs, and double vision. He underwent an MRI (magnetic resonance imaging), which Weighall reviewed and found to be normal. Schroeder's symptoms persisted. On either November 9 or 19, 2009, when he was 17, Schroeder underwent another MRI. This time the radiologist who reviewed the image found an Arnold Chiari Type I Malformation. On January 13, 2011, the day before his 19th birthday, Schroeder filed a medical malpractice action against Weighall, Columbia Basin Imaging, PC, and a third party subsequently dismissed by stipulation. Weighall asserted that the action was barred by the statute of limitations codified at RCW 4.16.350 and subject to the minority tolling exemption codified at RCW 4.16.190(2). Schroeder and his mother discovered Weighall's alleged omission November 2009 when Schroeder was still a minor. If not for RCW 4.16.190(2), the one-year statute of limitations applicable to his claim would have tolled until his 18th birthday. The ultimate issue before the Supreme Court was the constitutionality of RCW 4. 16. 190(2). Upon review, the Supreme Court concluded that RCW 4.16.190(2) violated article I, section 12 of the Washington State Constitution, and therefore reversed the trial court's summary judgment order dismissing Schroeder's medical malpractice action. View "Schroeder v. Weighall" on Justia Law

D.J.B. was adjudged a juvenile delinquent for acts that would be considered crimes had they been committed by an adult. As an adult, D.J.B. pled guilty to fourth-degree receiving stolen property in 1996. In 2011, D.J.B. filed a petition seeking to expunge his 1996 criminal conviction. The trial court denied the petition, finding that “[t]he combination of N.J.S.A. 2C:52-4.1(a) and N.J.S.A. 2C:52-2 served to prevent a petitioner with an indictable crime from obtaining expungement if that petitioner has a prior juvenile record.” The Appellate Division affirmed substantially for the same reasons. The following month, another appellate panel analyzed a similar question and reached the opposite conclusion about the effect a juvenile adjudication has on an attempt to expunge an adult conviction. After its review, the Supreme Court concluded that based on its language and legislative history, N.J.S.A. 2C:52-4.1(a) applied only to the expungement of juvenile adjudications and did not transform a juvenile adjudication into a “crime” that would bar a later attempt to expunge an adult conviction under N.J.S.A. 2C:52-2. View "In the Matter of the Expungement Application of D.J.B." on Justia Law

Anthony S., then 15 years old, admitted an assault with a firearm, in which he and a co-defendant seriously wounded Houston, resulting in a hospital bill of more than $400,000. The hospital has not attempted to collect from Houston, having determined that he was indigent and the debt was uncollectable. At a hearing to set restitution, a hospital representative testified that after a debt is written off as uncollectable, the hospital generally makes no further attempt to recover it. Nevertheless, the juvenile court t set restitution at 20 percent of $412,546.89 with a credit of $1,000 for the amount that Anthony had already paid to the victim restitution fund, with Anthony and his parents jointly and severally liable. The court of appeal affirmed, rejecting an argument that the restitution order was contrary to Welfare and Institutions Code section 730.6 because there was insufficient evidence of economic loss to Houston. View "In re Anthony S." on Justia Law

In August 2012, then-sixteen-year-old Appellant Stephen W. was charged with possession of marijuana. At the adjudicatory hearing, Appellant moved for a jury trial, claiming that he was entitled to a jury trial under the United States and South Carolina Constitutions. The family court denied Appellant's motion. The family court adjudicated Appellant delinquent and ordered that Appellant spend six consecutive weekends at the Department of Juvenile Justice, complete an alternative educational program, and continue with his prior probation for a period of time not to exceed his eighteenth birthday or until he obtained a G.E.D. Appellant directly appealed to the Supreme Court. He argued that the family court erred in denying his motion for a jury trial in a family court juvenile proceeding. Because there was no constitutional right to a jury trial in a family court juvenile proceeding, the Supreme Court affirmed. View "In the Interest of Stephen W." on Justia Law

A Jefferson County Sheriff Deputy was transporting two juveniles from a court hearing. The two were seated in the rear of the transport van, handcuffed. En route, another driver allegedly turned into an intersection without yielding and collided with the transport van. As a result of the collision, the juveniles sustained multiple injuries. The juveniles sued the County, alleging the deputy transporting them was negligent. The County claimed it was immune from suit. The trial court denied the County's motion to dismiss, and the court of appeals affirmed. Upon review of the County's appeal, the Supreme Court concluded that the trial court erred in finding allegations of negligence alone were sufficient to overcome the statutory grant of immunity and the presumption of good faith afforded to law enforcement. The Court vacated the trial court's order and remanded the case for further proceedings. View "Young v. Jefferson County" on Justia Law