Justia Juvenile Law Opinion Summaries

Three children were removed multiple times from the home of their parents, S.S. and T.C., due to concerns about drug use and domestic violence. Initially, two children were removed in 2018, and all three children were subsequently placed in and out of care between 2018 and 2023. After a guardianship arrangement expired in 2023, law enforcement again found evidence of drug use in S.S.’s home, leading to another removal of the children in early 2024. The children were placed in the care of the Mountrail McKenzie Human Service Zone (MMHSZ).The State petitioned in 2025 to terminate the parental rights of both S.S. and T.C. Following a trial, the Juvenile Court of McKenzie County, Northwest Judicial District, found that the children were in need of protection and had been in care for the statutory number of nights required under North Dakota law. The juvenile court issued an order terminating S.S.’s parental rights. S.S. appealed, arguing that the juvenile court abused its discretion by not making a specific finding that reasonable efforts were made to reunify him with his children.The Supreme Court of the State of North Dakota reviewed the case. It held that, under the relevant statutes, a specific finding on reasonable efforts to reunify is not required at the time of termination of parental rights when the statutory criteria of need for protection and number of nights in care are met. The court further concluded that the juvenile court’s findings demonstrated sufficient consideration of the efforts made by social services and that its decision to terminate S.S.’s parental rights was not clearly erroneous or an abuse of discretion. The Supreme Court affirmed the termination order. View "Interest of W.S." on Justia Law

Four children were removed from their parents’ custody after reports of exposure to domestic violence and methamphetamine use. Both parents tested positive for methamphetamine, and the father had a recent suicide attempt and a history of violent incidents, including an incident where he was charged with strangulation. The children had previously tested positive for methamphetamine and had been removed from the home in a prior proceeding but were later returned after the parents complied with treatment plans. Following the 2023 removal, the father was offered a court-approved treatment plan with requirements such as chemical dependency treatment, drug testing, mental health counseling, and stable housing and income. The father failed to meaningfully engage with the treatment plan for nearly a year, continued to use methamphetamine, and was inconsistent with drug testing and other requirements. Despite eventual partial compliance, concerns remained regarding his substance use, lack of protective capacity, and minimal progress addressing mental health issues.The Thirteenth Judicial District Court in Yellowstone County adjudicated the children as youths in need of care and approved the Department’s petitions for removal and temporary custody. The father stipulated to the treatment plan, but failed to comply with its requirements. The Department petitioned for termination of parental rights based on chronic abuse/neglect and failure to complete the treatment plan. Following a multi-day hearing, the District Court found the father’s unfitness was unlikely to change within a reasonable time, given his delayed engagement, ongoing substance use, and inability to protect the children from their mother’s influence.The Supreme Court of the State of Montana affirmed the District Court’s decision. The Court held that the father waived his right to challenge the appropriateness of the treatment plan by failing to object to it when it was created. The Court found that substantial evidence supported termination under § 41-3-609(1)(f), MCA, and the District Court was not required to consider guardianship before termination. View "Matter of A.J.C." on Justia Law

A juvenile, referred to as MC, was charged with capital murder and aggravated robbery following the fatal shooting of a fifteen-year-old in Little Rock, Arkansas. After being charged in Pulaski County Circuit Court, MC filed a motion to have his case transferred to the court’s juvenile division, citing the juvenile transfer statute. MC presented evidence including his lack of criminal history, good school performance, and positive behavior in custody, along with testimony from supportive witnesses. The State offered evidence about the violent circumstances of the crime, including details from the lead detective about the shooting and the discovery of a firearm at MC’s grandmother’s home.The Pulaski County Circuit Court granted MC’s motion, finding that he had met the burden of proof for transfer and making written findings on the statutory factors. Most notably, the court found there was no evidence regarding whether the offense was committed in an aggressive, violent, premeditated, or willful manner. The State appealed, arguing that the juvenile transfer statute allows either party to appeal a transfer order. Both parties acknowledged that prior Arkansas Supreme Court precedent in State v. A.G. had foreclosed such appeals by the State.The Supreme Court of Arkansas reviewed the case. It overruled State v. A.G., holding that the Arkansas Constitution allows the legislature to authorize appeals from non-final orders, including juvenile transfer decisions. The court found that the circuit court clearly erred in concluding there was no evidence of violence in the manner of the offense, given the direct testimony about the shooting. The Supreme Court reversed the transfer order and remanded the case for further proceedings. View "STATE OF ARKANSAS v. MINOR CHILD" on Justia Law

A 14-year-old youth admitted to voluntary manslaughter with personal use of a firearm and was committed to a secure youth treatment facility for a four-year baseline term. At regular review hearings, his baseline term was later reduced by the juvenile court. When approximately nine months remained, the probation department requested that he be transferred to a Supervised Independent Living Placement (SILP) in his adult sister’s home, arguing this would constitute a less restrictive program under Welfare and Institutions Code section 875, subdivision (f). The proposal included intensive probation supervision and coordination with community-based agencies for services.The Superior Court of Solano County denied the request, finding that the sister’s home did not qualify as a “less restrictive program” under the statute, as it was not itself a program providing or coordinating the required programming and community transition services. The court later transferred the youth to an approved less restrictive program, Rise Up House, and subsequently, after an alleged violation, remanded him to the secure facility. Ultimately, he was placed in his mother’s home with services, under a different judge’s order, with a stipulated extension of his baseline term.The Court of Appeal of the State of California, First Appellate District, Division Four, reviewed the case. The court held that although the appeal was moot due to the youth’s subsequent placement, it would exercise its discretion to clarify the law. It determined that placement in a family home, with supervision and programming provided by a community-based agency, can meet the requirements of a less restrictive program under section 875, subdivision (f). The court dismissed the appeal as moot but clarified that a family home, when accompanied by appropriate supervision and programming, may qualify as a less restrictive program under the statute. View "In re Sebastian C." on Justia Law

A 13-year-old male student at a Virginia Beach middle school received a sexually explicit photo from a female classmate and, several months later, showed the image to other students during the school day. After teachers reported the incident, the assistant principal removed the student from class, questioned him, and searched his phone’s photo gallery. The school resource police officer was notified and began a criminal investigation. The student ultimately showed the explicit photo to the officer, was read his Miranda rights, arrested, and charged in juvenile court with possession of child pornography. The juvenile court found sufficient evidence for guilt but deferred disposition; the charge was dismissed after the student completed court-imposed conditions.The student, through his mother and later counsel, sued the assistant principal, the school resource officer, the Virginia Beach School Board, and the City of Virginia Beach in the United States District Court for the Eastern District of Virginia. He alleged violations of his Fourth, Fifth, and Fourteenth Amendment rights, as well as conspiracy and Monell claims. The district court granted summary judgment to all defendants, finding the phone search reasonable under New Jersey v. T.L.O., the confession voluntary, no evidence of unlawful conspiracy, and no underlying constitutional violations to support Monell liability.On appeal, the United States Court of Appeals for the Fourth Circuit reviewed the case de novo. The court affirmed the district court’s judgment, holding that the assistant principal’s search of the student’s phone was justified at its inception and reasonable in scope under T.L.O., and that Riley v. California did not displace this standard in the school context. The court also held the student’s confession was voluntary under the Fifth and Fourteenth Amendments, found no evidence of a conspiracy to violate constitutional rights, and determined Monell liability could not attach absent an underlying constitutional violation. The court therefore affirmed summary judgment for all defendants. View "O.W. v. Carr" on Justia Law

A juvenile was charged with involuntary manslaughter and motor vehicle homicide by reckless operation following a 2019 incident at age sixteen. He pleaded guilty as a youthful offender and was sentenced under the relevant statute to a combination sentence: commitment to the Department of Youth Services (DYS) until age twenty-one, followed by a five-to-seven-year State prison sentence, suspended for five years pending successful probation. After spending approximately eighteen months in a secure DYS facility, he was released on conditional liberty. Less than two years later, he violated probation, and the previously suspended State prison sentence was imposed.The Essex County Division of the Juvenile Court Department denied his motion seeking credit toward his State prison sentence for the 549 days spent in DYS custody, which he argued constituted confinement. The judge granted him credit only for time spent in adult custody before pleading guilty and time held on the probation violation.The Supreme Judicial Court of Massachusetts reviewed the case on direct appellate review. The Court held that neither statutory law nor equitable principles entitle a juvenile in these circumstances to credit toward an adult sentence for time spent serving the DYS portion of a combination sentence. The statutes providing for jail credit apply only to time spent in custody before sentencing, not to time spent serving a sentence. The time in DYS custody was deemed part of the sentence, not “dead time.” The Court also determined that the sentencing judge lacked discretion to award such credit at the probation violation stage, and that equal protection arguments did not require a different result. Accordingly, the Supreme Judicial Court affirmed the order denying the motion for jail credit. View "Commonwealth v. Sonny S." on Justia Law

In this case, the defendant was charged with sexual assaults that occurred in 1993, when he was fifteen years old and the victim was nine. The assaults were not reported until 2016, when the victim, then an adult, saw the defendant and contacted the police. The defendant, who was thirty-nine years old when charged, faced both charges of rape of a child with force and statutory rape. Because the defendant was a juvenile at the time of the alleged offenses but an adult when charges were brought, a transfer hearing was held to determine whether he should be tried as an adult or discharged.A judge in the Norfolk County Division of the Juvenile Court Department conducted the transfer hearing under Massachusetts General Laws chapter 119, section 72A. The judge found probable cause that the defendant committed the offenses and, after considering arguments, decided that public interest warranted transfer to adult court. The defendant’s counsel objected, believing the hearing would be bifurcated and was unprepared to present evidence relevant to the defendant’s maturity and rehabilitation. The judge denied a continuance and ordered transfer. The defendant was indicted and convicted in the Superior Court. He later moved for a new trial, arguing ineffective assistance of counsel at the transfer hearing. The Superior Court judge denied the motion without an evidentiary hearing.The Supreme Judicial Court of Massachusetts reviewed the case and held that a section 72A transfer hearing is a critical stage of the criminal process at which a defendant is entitled to effective assistance of counsel. The Court found that the defendant was denied such assistance because his counsel was unprepared to present evidence relevant to the transfer decision. The Court vacated the order denying the motion for a new trial and remanded for a new transfer hearing, directing that the defendant’s convictions would remain provisionally in place pending the outcome of the new hearing. View "Commonwealth v. Donovan" on Justia Law

A juvenile, J.H., was charged with multiple offenses, including attempted murder and assault with a deadly weapon, following an incident where he stabbed a police officer who was attempting to detain him. J.H. pled no contest to assault with a deadly weapon and admitted a great bodily injury enhancement. At disposition, the court imposed a baseline confinement term of four years, considering various materials including a victim impact statement. J.H.’s progress was later reviewed at a six-month hearing, at which time the probation department and review board recommended a 26-day sentence reduction based on his participation in programs, despite some disciplinary issues.Previously, the California Court of Appeal affirmed the baseline term but remanded for clarification of a probation condition. Upon remand, the juvenile court conducted the six-month review hearing. During this hearing, the court admitted a new victim impact statement submitted by the injured officer over J.H.’s objection, who argued it was improper at this stage and should only be considered at disposition or included in probation materials. The court acknowledged the hearing’s rehabilitative focus but found the victim’s ongoing experience relevant to J.H.’s rehabilitation. The court declined to reduce J.H.’s baseline term, citing insufficient rehabilitative progress.The California Court of Appeal, First Appellate District, Division Three, reviewed whether admitting and considering the victim impact statement at the six-month review hearing was error. The court held that both the California Constitution and Welfare and Institutions Code section 656.2 guarantee victims the right to submit impact statements at all juvenile court hearings, including progress reviews. However, the court’s consideration of such statements must be limited to relevance for the minor’s rehabilitation, not punishment. The appellate court found no error in the juvenile court’s admission or manner of consideration, and affirmed the order. View "In re J.H." on Justia Law

Four children were removed from their mother’s home in January 2023 due to allegations of physical abuse. The State filed petitions to adjudicate the children as juveniles under Nebraska law, identifying both parents as parties. The juvenile court adjudicated the children and, following a disposition hearing for the father, ordered him to comply with a case plan. This plan required him to address anger issues, participate in therapy and parenting classes, and maintain appropriate care for the children. During the case, the father suffered a medical episode, faced a pending criminal case, and was found temporarily incompetent, but later restored to competency. He had not seen his children since February 2022.After the children spent over 15 months in out-of-home placement, the State filed supplemental petitions to terminate the father’s parental rights. At the termination hearing, a caseworker testified to the father’s minimal and late progress toward the case plan goals, lack of cooperation, and absence of meaningful relationship with the children. The father testified regarding his medical issues and recent efforts but admitted to violating a no-contact order and being incarcerated.The County Court for York County found statutory grounds for termination based on neglect, failure to correct conditions, and the children’s lengthy out-of-home placement. The court also found termination to be in the children’s best interests, emphasizing the father’s lack of contact and insufficient rehabilitation efforts. The father appealed.The Nebraska Supreme Court reviewed the case de novo and affirmed the lower court’s order. The court held that the juvenile court’s adoption of the case plan did not violate due process, that the statutory bases for termination were satisfied, and that termination of parental rights was in the children’s best interests. The court’s order was affirmed. View "In re Interest of Joel T." on Justia Law

In 2018, a juvenile wardship petition alleged that E.J. committed several offenses, including assault with a deadly weapon other than a firearm. E.J. admitted to that charge as part of a negotiated disposition, and the juvenile court found the allegations true, dismissed the remaining counts, declared E.J. a ward of the court, and placed him on probation. In 2019, the court reduced the offense to a misdemeanor, terminated probation, discharged E.J. as a ward, and sealed the record. Despite these actions, E.J. remained subject to a statutory firearm prohibition until age 30 under Penal Code section 29820.In 2025, E.J. filed a motion in the Superior Court of San Bernardino County to terminate the firearm prohibition. The juvenile court denied the motion. E.J. appealed, arguing that Penal Code section 29820 was facially unconstitutional under the Second and Fourteenth Amendments, claiming it failed to align with the nation’s historical tradition of firearm regulation, improperly used age as a proxy for dangerousness, and did not provide a mechanism for individualized assessment regarding dangerousness.The California Court of Appeal, Fourth Appellate District, Division Two, reviewed the case. The court held that section 29820 is not facially unconstitutional. It found that firearm prohibitions based on juvenile adjudications for certain offenses are consistent with the historical tradition of firearm regulation and that the statute’s application based on prior adjudication—not age alone—does not offend the Second Amendment. The court also held that due process does not require an individualized assessment of dangerousness when the statute’s application is triggered solely by a prior adjudication. The court further found that any as-applied challenge was forfeited because it was not raised in the trial court or in E.J.’s opening brief. The order was affirmed. View "In re E.J." on Justia Law