Justia Juvenile Law Opinion Summaries

The State filed a petition that charge D.B. as a principal with theft and criminal trespass for entering a construction site and removing a pair of bolt cutters. The juvenile court adjudicated D.B. a delinquent as an accomplice on both counts. The court of appeals affirmed. D.B. filed a petition for writ of certiorari, claiming that he did not receive adequate Sixth Amendment notice that he may be adjudicated delinquent as an accomplice for the charges. The Supreme Court reversed the delinquency adjudication on the criminal trespass charge but affirmed it on the theft charge, holding (1) D.B. received constitutionally adequate notice through trial testimony that he faced accomplice liability for theft; but (2) the juvenile court adjudicated D.B. delinquent as an accomplice for criminal trespass without notice. Remanded. View "D.B. v. State" on Justia Law

The issue before the Supreme Court centered on a decision by a county prosecutor to seek waiver of three juveniles, aged sixteen at the time of their offenses, to adult court for acts of delinquency that, as charged, were equivalent to aggravated assault, robbery, and second-degree conspiracy. A Family Part judge found probable cause that the juveniles committed the offenses but denied the waiver motion. The Appellate Division reversed, concluding that the Family Part overstepped its bounds. The case called into question the standard of review to be exercised by a court reviewing such motions for waiver. "An abuse of discretion review does not allow the court to substitute its judgment for that of the prosecutor. Rather, a review for abuse of discretion involves a limited but nonetheless substantive review to ensure that the prosecutor’s individualized decision about the juvenile before the court, as set forth in the statement of reasons, is not arbitrary or abusive of the considerable discretion allowed to the prosecutor by statute. Cursory or conclusory statements as justification for waiver will not suffice to allow the court to perform its review under the abuse of discretion standard because such statements provide no meaningful explanation of the prosecutor’s reasoning." Applying that standard, the Court held that in this case the prosecutor’s explanation in the Statements of Reasons lacked detail. The Court reversed and remanded this case for a more full explanation by the prosecutor according to the new standard outlined in the Court's opinion. View "State In the Interest of V.A." on Justia Law

Erick M., a juvenile, requested that the juvenile court enter an order finding that under 8 U.S.C. 1101(a)(27)(J), he was eligible for "special immigrant juvenile" (SIJ) status. SIJ status allows a juvenile immigrant to remain in the United States and seek lawful permanent resident status if federal authorities conclude that the statutory conditions are met. The conditions include a court order determining that the juvenile's reunification with "1 or both" parents is not feasible because of abuse, neglect, or abandonment. The juvenile court found Erick did not satisfy that requirement. At issue on appeal was the meaning of the phrase "1 or both" parents. Erick lived only with his mother when the juvenile court adjudicated him as a dependent. The Supreme Court affirmed, holding (1) when ruling on a petitioner's motion for an eligibility order under section 1101(a)(27)(J), a court should generally consider whether reunification with either parent is feasible; and (2) therefore, the juvenile court did no err in finding that because reunification with Erick's mother was feasible, he was not eligible for SIJ status. View "In re Interest of Erick H." on Justia Law

The State charged Defendant, who at the time was detained at a juvenile detention center, with one count of battery by detainee in violation of Fla. Stat. 784.03 and 784.082. Defendant moved to dismiss the charge, contending that a juvenile could not be lawfully charged with battery by detainee while detained in a juvenile detention facility. The trial court dismissed the charge based on its belief that it was bound to follow the first district court of appeal's decision in T.C. v. State, which held that the battery by detainee offense was inapplicable to juveniles held in juvenile facilities. The fourth district court of appeals reversed, noting that in the past it and the fifth district had affirmed a trial court order adjudicating a juvenile guilty of battery upon a fellow detainee. The Supreme Court affirmed, holding that a juvenile detention center qualifies as a "detention facility" for purposes of section 784.082, and thereby disapproving the first district's decision in T.C. View "Hopkins v. State" on Justia Law

A suit on behalf of a 14-year-old, eighth grade boy alleged that the failure of the public school district to prevent sexual abuse by a female teacher violated the student’s rights under Title IX of the federal Education Amendments Act of 1972, 20 U.S.C. 1681, and constituted negligent infliction of emotional distress under Wisconsin law. The district court granted summary judgment in favor of the school district; claims against the teacher remain pending. The Seventh Circuit affirmed. In a private suit under Title IX, a school district cannot be held liable on the ground of respondeat superior for an employee’s violation absent proof of actual notice and deliberate indifference. That other teachers suspected improper conduct and administrators investigated and accepted the teacher’s denials does not establish knowledge or deliberate indifference. . View "N. R. Doe v. St. Francis Sch. Dist." on Justia Law

Plaintiff taught sixth-grade at a public school and met with a student’s parents about a threat the student had made against another student. He met the parents again after seeing the student beating another student. The father threatened a lawsuit and told plaintiff that an older son, who had assaulted the assistant principal, should have assaulted plaintiff. During a subsequent class, the student used an assignment to write a song with lyrics about stabbing plaintiff. The police liaison encouraged plaintiff to file criminal charges; under Illinois law declaring a knowing threat of violence against a person at a school is disorderly conduct, 720 ILCS 5/26-1(a)(13). School administrators feared a suit and were not supportive. After plaintiff filed charges, his evaluations went from satisfactory to unsatisfactory and administrators advised him that they would recommend that he not be rehired. Plaintiff resigned and filed suit, claiming retaliation for exercise of First Amendment rights. The district court granted summary judgment for defendants on the ground that the complaint was not protected by the First Amendment because it did not involve a matter of public concern. The Seventh Circuit reversed. Principles underlying the suit are well settled, which defeats claims of qualified immunity. View "Gschwind v. Heiden" on Justia Law

The State filed a petition for delinquency against Minor, alleging that Minor had violated Fla. Stat. Ann. 810.097(2) by trespassing on the grounds of a middle school after having been warned by the principal or designee. The two individuals who gave warnings to Minor were school police officers. The trial court denied Minor's motion and adjudged Minor delinquent. The district court affirmed. Minor appealed, contending (1) the State failed to prove that either of the warning officers was a designee of the school's principal; and (2) because the designee status of the warning individual is an element of the trespass offense under section 810.097(2), the State had failed to prove every element of the crime beyond a reasonable doubt. The Supreme Court quashed the decision of the district court and remanded the case, holding (1) the record did not contain competent, substantial evidence to support the finding that the officers were designees of the school's principal for purposes of section 810.097(2); and (2) therefore, the district court erred in affirming the trial court's adjudication of Minor's delinquency because an essential element of the offense was not supported by competent, substantial evidence. View "J.R. v. State" on Justia Law

Parents of adopted sons, Austin, 16, and Ricky, 15, retained counsel to represent both. Each was charged with misdemeanor criminal sexual abuse of other boys under foster care in the household. After a joint bench proceeding, the petition against Ricky was denied. The circuit court found that an admission Austin purportedly made to police was sufficient to prove the charges. He was adjudicated a delinquent minor and sentenced to probation. The appellate court affirmed. The Supreme Court of Illinois reversed. A minor accused of delinquency has a non-waivable right to a defense attorney. In addition to representing accuseds jointly, counsel allowed presentation of videotaped statements of the alleged victims in lieu of live testimony, which could have been cross-examined. Counsel never argued that Austin’s purported statement was involuntary or sought to suppress it, despite evidence that Austin was questioned aggressively and had diminished mental capabilities. The representation was not the type of counsel guaranteed by due process and the Juvenile Court Act. The court and counsel indicated that they viewed the attorney as functioning as a guardian ad litem. There is a per se conflict where counsel attempts to perform as guardian ad litem and defense counsel in a delinquency proceeding. The evidence was sufficient that there was no double jeopardy bar to a new trial. View "In re Austin M." on Justia Law

This case involved a ward on probation for an offense that made him eligible for commitment to the Division of Juvenile Facilities (DJF). The ward subsequently committed a new offense that was not listed in Cal. Code Welf. & Inst. 733(c). Section 733(c) states that a ward cannot be committed to DJF unless "the most recent offense" alleged in any petition is one of several enumerated violent offenses. If the prosecution files a notice of probation violation under section 777, the court may revoke the ward's probation and commit the ward to DJF. However, if the prosecution files a new section 602 petition, section 733(c) will prohibit the court from ordering a DJF commitment if the allegation is found true. At issue in this case was whether, under these circumstances, the juvenile court may use its discretion under section 782, which allows the juvenile court to dismiss any wardship petition if the interests of justice, to dismiss the second petition so the matter can be treated as a probation violation, allowing the ward to be committed to DJF. The Supreme Court concluded (1) the court has that discretion; and (2) the juvenile court here had authority to dismiss the 602 petition. View "In re Greg F." on Justia Law

This case required the Supreme Court to examine how Washington's juvenile justice laws interact with the Persistent Offender Accountability Act (POAA), also known as the "three strikes law." When Jorge Saenz was 15 years old, he agreed to waive juvenile court jurisdiction and transfer his case to adult court, where he pled guilty to two counts of felony assault in exchange for a moderately lower sentencing recommendation. As a result, seven years later he faced life in prison without the possibility of parole under the POAA. The issue for the Supreme Court's review concerned whether his waiver of juvenile court jurisdiction was valid and whether his case was properly transferred to adult court. The Court concluded that Saenz's waiver was invalid because there was virtually nothing in the record demonstrating that it was intelligently made or that Saenz was fully informed when he made it. Next, the Court held that Saenz's case was not properly transferred to adult court because the commissioner transferring the case failed to enter findings that transfer was in the best interest of the juvenile or the public as required by statute. On these facts, the Supreme Court held that Saenz's conviction could not be used as a "strike" to sentence him to spend the rest of his life in prison with no possibility of release. Instead, the Court affirmed the 561-month sentence imposed by the trial court. View "Washington v. Saenz" on Justia Law