Justia Juvenile Law Opinion Summaries

Two petitions were filed alleging that fifteen-year-old A.K. was a delinquent child for committing three counts of sexual abuse in the second degree and four counts of assault with intent to commit sexual abuse involving three different children. After a hearing, the juvenile court adjudicated A.K. a delinquent on all seven counts. The Supreme Court affirmed in part, reversed in part, and remanded, holding (1) the State proved beyond a reasonable doubt that A.K. committed three acts of sexual abuse in the second degree and three acts that would constitute assaults with intent to commit sexual abuse; but (2) the State did not meet its burden to prove A.K. committed one count of assault with intent to commit sexual abuse. View "In re A.K." on Justia Law

After an amended petition was filed in the juvenile court alleging the Candice H., a juvenile, had possessed marijuana and drug paraphernalia, the juvenile court placed Candice under the supervision of a probation officer for an open-ended period of time. The next year, the juvenile court ordered that its jurisdiction should be terminated because Candice had reached the age of majority. The court also ordered that the record be sealed. The State appealed, contending that the juvenile court erred in ordering that the record be sealed without giving prior notice to the county attorney and without determining that Candice had satisfactorily completed her probation. The Supreme Court vacated the order sealing Candice's juvenile record, holding that the juvenile court erred in ordering that the record be sealed because (1) the order did not include a finding that Candice had satisfactorily completed her probation, and (2) the county attorney was not given the required notice of the proceeding to seal the record. View "In re Candice H." on Justia Law

Defendant, who was a juvenile at the time of the offense, was indicted for murder in the second degree. The superior court judge dismissed the indictment on the ground that the Commonwealth presented insufficient evidence to the grand jury to support an indictment of murder in the second degree. A majority of the Supreme Court affirmed the order dismissing the indictment, holding (1) contrary to the superior court judge's ruling, the evidence before the grand jury supported the indictment for murder in the second degree; but (2) the grand jury should have been, but was not, instructed by the prosecutor on the elements of murder and on the legal significance of the mitigating circumstances raised by the evidence. View "Commonwealth v. Walczak" on Justia Law

Ohio Rev. Code 2152.83(A)(1) requires that a juvenile court issue on order classifying the child as a juvenile-offender registrant at the time of the child's release from the custody of a secure facility. When he was eighteen years old, Appellant, a native of Haiti, was adjudicated to be a delinquent child and ordered to be committed to the Ohio Department of Youth Services (DYS). After Appellant was released from DYS, he was held in jail until hearings could be conducted to determine his citizenship. When Appellant was released from jail and after he turned twenty-one, he filed a complaint for a writ of prohibition to prevent the juvenile court from proceeding to classify him as a juvenile-offender registrant. Appellant claimed the juvenile court lacked jurisdiction to proceed because he was over twenty-one years old and because the court failed to hold a classification hearing within a reasonable time of his release from DYS. The court of appeals denied the writ. The Supreme Court reversed, holding that he juvenile court lacked jurisdiction to classify Appellant, who was no longer a "child" under the applicable statute. View "State ex rel. Jean-Baptiste v. Kirsch" on Justia Law

Appellee committed an act on September 1, 2007 that, if committed by an adult, would constitute rape. On May 19, 2010, the juvenile court classified Appellee as a Tier III sex offender under S.B. 10. Appellee appealed, asserting that he should not be classified as a Tier III sex offender under S.B. 10 because he committed his offense before the effective date of the applicable part of that statute. The First District Court of Appeals agreed and reversed. Noting, however, that its analysis was in conflict with the analysis of the Eighth District Court of Appeals, the First District certified a question of law to the Supreme Court. The Supreme Court answered by stating that S.B. 10's classification, registration, and community-notification provisions may not be constitutionally applied to a sex offender who committed his sex offense between the July 1, 2007 repeal of Megan's Law and the January 1, 2008 effective date of S.B. 10's aforementioned provisions. View "In re Bruce S." on Justia Law

After a youth violated the terms of his initial probation agreement, the judicial district youth court revoked that agreement and entered a dispositional order that extended the youth's probationary period for an additional three years. The youth appealed. The Supreme Court affirmed, holding (1) the youth court did not exceed its statutory authority and correctly and interpreted and applied the Youth Court Act by imposing on revocation an additional three-year probationary term that lasted until the youth's twenty-first birthday; and (2) the imposition of an additional three-year term of probation did not violate the youth's constitutional right to equal protection of the laws. View "In re S.M.K." on Justia Law

The Tennessee Department of Children’s Services, Hickman County, received a referral regarding allegations of abuse concerning the Andrews. A social worker was attempting to make contact when DCS received a second referral concerning the Andrews. Due to references to guns in the home and because the site visit was to be carried out at night, DCSs requested law enforcement to assist. The Sheriff’s Department dispatched two officers. Andrews was outside working when the group arrived and asked the officers to wait outside while he called the sheriff’s office. The Andrews claim that when Mr. Andrews opened the door, he was immediately followed into the house by a “whoosh of presence.” The Andrews claim that they granted permission for interviews of the children because they feared arrest or losing their children. The officers left the house and the Andrews acquiesced to the walk-through. No charges were filed and the assessment was closed as “no services indicated.” The Andrews filed a lawsuit under 42 U.S.C. 1983, alleging violations of Fourth and Fourteenth Amendment rights. The district court denied defendants’ motion for summary judgment of qualified immunity. The Sixth Circuit reversed as to the social workers, but affirmed with respect to an officer. View "Andrews v. Hickman County" on Justia Law

In 2010, the younger child, a boy aged 2½ years, was brought to the emergency room by his mother. He had second-degree burns on his face. His mother had found him, injured, at the home of her boyfriend, who had been babysitting her two children. She did not live with the boyfriend. The children were determined to be neglected based on a finding of “environment injurious to their welfare.” The appellate court reversed. The Illinois Supreme Court agreed with the appellate court, noting that the evidence did not show that the mother had any prior indication that the boyfriend would not provide a safe environment and also noting that she immediately took the child to the hospital. The finding of neglect was against the manifest weight of the evidence. View "In re A.P." on Justia Law

In 2009, the State filed a petition against John Doe, charging that he was within the purview of Idaho's Juvenile Corrections Act (JCA) for delivery of a schedule III controlled substance, hydrocodone. The State and Doe's counsel reached an agreement whereby Doe admitted to the charge and, in exchange, the State waived proceedings to bring Doe into adult court. At the conclusion of Doe's sentencing hearing, the magistrate judge memorialized his ruling in a "decree" that was issued that same day. The decree stated, "It is hereby Ordered, Adjudged and Decreed that [Doe] is within the purview of the [JCA] and shall be placed on Formal Probation supervision not to exceed 2 years." In the first year of Doe's probation, he had two probation review hearings, both of which demonstrated good behavior. At Doe's one-year probation review hearing, Doe's counsel argued that the magistrate should convert his formal probation to an informal adjustment. Doe's counsel could not cite any authority for converting the sentence, but believed that the court had broad authority to do so based on the interests of justice. The State objected and argued that the court did not have authority to convert the formal probation to an informal adjustment. Ultimately, the magistrate court stated that it had the authority to convert the sentence and entered a "supplemental decree nunc pro tunc to date of original order," granting Doe an informal adjustment and dismissing the case. The magistrate then issued an Order Supplementing Decree that provided "Formal Probation converted to Informal Adjustment, nunc pro tunc 05/05/09." The State filed an appeal to the district court. The district court affirmed the magistrate court's order. The State timely appealed to the Supreme Court. Because it was improper for the magistrate to convert Doe's sentence, any subsequent dismissal or termination of the improperly substituted informal adjustment could not be upheld. The Supreme Court reversed the district court's order and remanded the case for reinstatement of the 2009 decree. View "Idaho v. Doe (2012-09)" on Justia Law

Murdock, then 16, was convicted in 2001 of first degree murder and aggravated battery with a firearm. The conviction was affirmed. Defendant filed a post-conviction petition alleging trial counsel was ineffective for failing to move to suppress statements made to police. Defendant, a juvenile, alleged his statements were the product of police coercion that rendered them involuntary. After an evidentiary hearing, the trial court denied defendant’s petition. The appellate court reversed and remanded for a suppression hearing. The trial court denied the motion on remand. The appellate court affirmed. The Illinois Supreme Court affirmed, rejecting an argument based on the absence of a concerned adult during defendant's police detention. Defendant was able to clearly communicate and understand the questions posed to him. He was able to understand and give assent to a waiver of his Miranda rights. On tape defendant appeared mostly calm and collected. He did not appear frightened or under any intense coercion. Defendant was never threatened physically or mentally and there were no promises or assurances to defendant to contribute to a coercive atmosphere. Defendant was allowed access to food, drink, and restroom; his statements were the result of his own decisions. View "People v. Murdock" on Justia Law