Justia Juvenile Law Opinion Summaries

This case arose from a dependency-neglect proceeding. After a permanency-planning hearing was set, the circuit court discovered that the Department of Human Services (DHS) had failed to draft and put into place a case plan. The court then ordered that, as the case worker had forty-one cases on her caseload and fifty juveniles in fostercare, DHS should rectify the issue in five days. DHS subsequently filed a petition for a writ of certiorari, asserting that the circuit court exceeded its jurisdiction and violated the separation-of-powers doctrine by issuing an order that DHS alleged invaded the discretionary functions of the executive branch. The Supreme Court denied the writ, holding that the circuit court was within its jurisdiction to act to protect the integrity of the proceedings and to safeguard the rights of the litigants before it when it ordered DHS to correct problems that were preventing work and services. View "Ark. Dep't of Human Servs. v. Shelby" on Justia Law

After appellant N.D. escaped from a juvenile detention center and attacked a security guard, who later died, the state filed a felony information in circuit court, charging N.C. with capital murder, escape in the first degree, and six other criminal counts. Appellant filed a motion to dismiss and to declare the juvenile-transfer statute, Ark. Code Ann 9-27-318(e), unconstitutional. Appellant subsequently filed a motion to transfer to juvenile court. The circuit court denied appellant's motion to dismiss and to declare the transfer statute unconstitutional and subsequently denied appellant's motion to transfer to juvenile court. Appellant appealed, arguing that the circuit court abused its discretion in allowing two witnesses to testify who were not disclosed in discovery, erred in ruling that the transfer statute was constitutional, and erred in denying his motion to transfer. The Supreme Court reversed the circuit court's order denying appellant's motion to transfer, holding that based on prejudicial discovery violations, the circuit court abused its discretion by not excluding the testimony of the two witnesses. Because the circuit court's decision was reversed on this basis, the Court did not address the remaining arguments on appeal. View "N.D. v. State" on Justia Law

The State appealed an order of the circuit court transferring appellee’s criminal case to the juvenile division of circuit court, asserting that the circuit court’s order granting the transfer was clearly erroneous. According to Ark. R. of App. P. Crim. 3, the appellant may not bring an interlocutory appeal from a juvenile-transfer order. The State argued it was not required to satisfy the requirements of Rule 3, as its right to appeal is derived from Ark. Code Ann. 9-27-318(l), which provides that any party may appeal from a transfer order. Based on precedent, when there is a conflict between the court’s procedural rules and a statutory provision, the statute is given deference only to the extent it is compatible with the rules. The Court held Rule 3 and Section 9-27-318(l) to be in direct conflict with each other and determined that Rule 3 governed the appeal. Because the appeal was not specifically permitted by the rule, the appeal was dismissed. View "State v. A.G." on Justia Law