Justia Juvenile Law Opinion Summaries

The Department of Children, Youth, and Families (DCYF) became involved with A.N.'s family after the Rhode Island State Police informed them that A.N.'s father, Francis N., had been arrested on felony charges, including indecent solicitation of a child and electronically disseminating indecent material to a minor. Following his arrest, DCYF initiated an investigation and found that Francis had admitted to soliciting sex from a fictitious 13-year-old girl online. Consequently, DCYF filed a neglect petition against Francis, alleging that he failed to provide A.N. with proper care and supervision.The Family Court granted DCYF temporary custody of A.N. and later held a permanency hearing, ordering that A.N. remain in DCYF's care. Despite DCYF's efforts to engage Francis in services and case planning, he refused to comply, including declining to submit to a sex offender evaluation. During the neglect petition hearing, Francis invoked his Fifth Amendment right against self-incrimination multiple times when questioned about his criminal charges and his involvement with A.N. The Family Court found by clear and convincing evidence that Francis neglected A.N., citing his failure to provide care, supervision, or guardianship, and his lack of engagement with DCYF.The Rhode Island Supreme Court reviewed the case and affirmed the Family Court's decree. The Supreme Court held that it was proper for the Family Court to draw adverse inferences from Francis's invocation of his Fifth Amendment right in a civil proceeding. The Court found clear and convincing evidence supporting the Family Court's finding of neglect, noting Francis's refusal to engage in necessary services, his lack of financial support for A.N., and his displacement of A.N. from the family home. The Supreme Court concluded that Francis's actions demonstrated a disregard for A.N.'s safety and needs. View "In re A.N." on Justia Law

Mother, Lidia P., appealed the juvenile court's denial of her request for a restraining order against Father, Luis M., despite findings of domestic violence. The court found that Father had committed multiple acts of domestic violence against Mother and one of her children but declined to issue a restraining order, reasoning it was unnecessary since the parents no longer lived together. Instead, the court orally ordered both parents to stay away from each other.The Los Angeles County Department of Children and Family Services filed a petition under Welfare and Institutions Code section 300, alleging that the children, A.P. and D.P., were at substantial risk of harm due to domestic violence between the parents, Mother's mental and emotional problems, Father's severe epilepsy, improper use of child safety restraints, marijuana use, and physical abuse of A.P. The juvenile court sustained some of these allegations, including those related to domestic violence and physical abuse, and removed the children from both parents. Mother then sought a restraining order, which the court initially granted temporarily but later denied permanently, opting instead for a mutual stay-away order.The California Court of Appeal, Second Appellate District, Division One, reviewed the case. The court found that the juvenile court erred in denying the restraining order based on the parents' physical separation and the issuance of a non-CLETS stay-away order. The appellate court held that physical separation and non-CLETS orders are not adequate substitutes for the protections provided by a restraining order, which is enforceable by law enforcement. The appellate court reversed the juvenile court's decision and remanded the case for a new hearing on Mother's restraining order request, emphasizing that the juvenile court must use the correct legal standard in its determination. View "In re A.P." on Justia Law

A mother, K.G., gave birth to twins in September 2020. Due to concerns about her mental health and ability to care for the children, Muskingum County Adult and Child Protective Services (the agency) took emergency temporary custody of the children. The children were placed with their maternal aunt. The juvenile court adjudicated the children as dependent and continued the agency's temporary custody. K.G. was required to undergo a psychological evaluation, which revealed several mental health conditions that could impair her parenting abilities.The juvenile court later transferred temporary legal custody to the maternal aunt, with the agency maintaining protective supervision. The agency then moved for the maternal aunt to be granted legal custody and for the agency's supervision to be terminated. At the hearing, the agency presented a psychological report by Dr. Wolfgang, which K.G. objected to, arguing she should be able to cross-examine the psychologist. The juvenile court admitted the report and granted legal custody to the maternal aunt.The Fifth District Court of Appeals reversed the juvenile court's decision, holding that K.G.'s due process rights were violated because she was not able to cross-examine Dr. Wolfgang. The agency appealed to the Supreme Court of Ohio.The Supreme Court of Ohio reversed the appellate court's decision, holding that the juvenile court was permitted to consider the psychologist’s report under the statutory scheme governing legal-custody proceedings. The court found that K.G. was not denied an opportunity to cross-examine Dr. Wolfgang and that her due process rights were not violated. The case was remanded to the appellate court for consideration of K.G.'s remaining assignment of error. View "In re R.G.M." on Justia Law

The defendant was convicted of reckless endangerment of a child and witness intimidation after attacking her twelve-year-old son. The incident began with an argument about the son's dental braces, leading the defendant to contemplate suicide. The next morning, she attempted to kill her son by stabbing him in the neck and trying to drown him. The son managed to escape and tried to call 911, but the defendant took his phone and told the dispatcher everything was fine. The son eventually called the police, who found him injured and the defendant attempting to harm herself.The defendant was indicted on multiple charges, including assault and battery by means of a dangerous weapon and attempted murder. After a bench trial, the Superior Court judge found her not guilty by reason of mental illness for the assault and attempted murder charges but guilty of reckless endangerment and witness intimidation. She was sentenced to five years of probation with conditions, including no unsupervised contact with her children and GPS monitoring for two years. The defendant appealed, and the Supreme Judicial Court granted direct appellate review.The Supreme Judicial Court upheld the convictions, finding sufficient evidence that the defendant was criminally responsible for her actions after the attack. The court determined that the defendant understood the criminality of preventing her son from calling 911 and could conform her conduct to the law. The court also found the indictment for reckless endangerment was not impermissibly ambiguous and that the GPS monitoring condition of probation was reasonable. The court affirmed the convictions and the probation condition. View "Commonwealth v. Rezac" on Justia Law

A mother challenged the juvenile court's finding that she neglected her four-year-old child, RTB. The case began when the mother tested positive for methamphetamine, amphetamines, and marijuana during a medical appointment. Concerned for RTB's welfare, the healthcare provider reported the results to the Department of Family Services. A caseworker and a police officer visited the mother's home, where she again tested positive for the same substances. The officer took RTB into protective custody due to the mother's drug use and the lack of an appropriate caregiver in the home.The State filed a petition alleging neglect, and the juvenile court held a shelter care hearing, granting the Department legal custody of RTB. At a subsequent hearing, the court ordered RTB to be returned to the mother but retained legal custody with the Department pending an adjudicatory hearing. During the adjudicatory hearing, the State presented testimony from a Department supervisor, the police officer, and the mother, among others. The court found the mother neglected RTB and entered a written order to that effect.The Wyoming Supreme Court reviewed the case and affirmed the juvenile court's decision. The court held that the officer had reasonable grounds to take RTB into protective custody based on the mother's positive drug tests and the lack of a suitable caregiver. The court also found sufficient evidence to support the juvenile court's decision to place RTB in shelter care and to adjudicate the mother as neglectful. The evidence included the mother's repeated positive drug tests, her erratic behavior, and the unsafe environment in the home. The court concluded that the mother's actions constituted neglect as defined by Wyoming law. View "In the Interest of Minor Child v. The State of Wyoming" on Justia Law

In 2015, J.M., then 17, broke into a 72-year-old woman's home, assaulted her with intent to commit rape, and stole $900. The People filed charges directly in adult criminal court under former section 707. A jury found J.M. guilty of assault with intent to commit rape during a burglary, attempted rape, and first-degree robbery, with an elder abuse enhancement. He was sentenced to 14 years to life.J.M. appealed, arguing that Proposition 57, which eliminated direct charging of juveniles in adult court, should apply retroactively. The California Supreme Court in People v. Superior Court (Lara) agreed, holding that Proposition 57 applies retroactively to nonfinal cases. The Court of Appeal conditionally reversed J.M.'s judgment and remanded for a juvenile transfer hearing. The juvenile court, after a hearing, transferred J.M. to adult court, reinstating his sentence. J.M.'s appeal of this order was dismissed, but he later successfully petitioned for habeas corpus, leading to the reentry of the transfer order and this appeal.The California Court of Appeal, Third Appellate District, reviewed the case. The court found that recent amendments to section 707, which raised the prosecution's burden of proof and required specific findings regarding a minor's amenability to rehabilitation, apply retroactively to J.M.'s case. The court conditionally reversed the transfer order and remanded for a new transfer/amenability hearing under the amended law. If the juvenile court again transfers J.M. to adult court, the criminal court must conduct a new sentencing hearing considering recent ameliorative changes in sentencing laws. View "In re J.M." on Justia Law

A juvenile male, B.N.M., was accused of participating in the murder of his girlfriend’s parents when he was fifteen years old. The United States District Court for the Eastern District of Oklahoma transferred him to adult status, allowing him to be prosecuted as an adult. B.N.M. challenged this decision, arguing that the district court made errors in its analysis and that transferring him for adult prosecution was unconstitutional due to the severe penalties for first-degree murder.The district court's decision was based on the Juvenile Justice and Delinquency Prevention Act, which outlines factors to consider when deciding whether to transfer a juvenile for adult prosecution. The magistrate judge found that the nature of the offense and the availability of programs to treat the juvenile’s behavioral problems weighed in favor of transfer. The magistrate judge noted that if B.N.M. were adjudicated as a juvenile, he would be released at twenty-one, and there was a low likelihood of sufficient rehabilitation by that age. The district court adopted the magistrate judge’s recommendation, despite B.N.M.'s objections.The United States Court of Appeals for the Tenth Circuit reviewed the case. B.N.M. argued that the district court erred by misattributing testimony from the government’s expert to his expert and by not properly considering his role as a follower in the crimes. He also argued that the district court improperly shifted the burden of proof regarding the availability of community programs for his rehabilitation. The Tenth Circuit found that the misattribution of testimony did not affect the outcome and that the district court did not abuse its discretion in weighing the factors. The court also held that B.N.M.'s constitutional argument was not ripe for review. Consequently, the Tenth Circuit affirmed the district court’s decision to transfer B.N.M. for adult prosecution. View "United States v. B.N.M." on Justia Law

In November 2004, a sixteen-year-old juvenile stalked and robbed a victim at gunpoint, repeatedly raped her in her home, and then bound, gagged, and robbed her roommate when she arrived. He was sentenced to state prison for aggravated rape and other offenses, with a period of parole ineligibility compliant with constitutional requirements. After serving his prison term, he was placed on probation for the remaining nonhomicide offenses.In March 2007, the juvenile was adjudicated as a youthful offender and sentenced to sixteen to twenty years in state prison for aggravated rape, with additional concurrent and consecutive sentences for other offenses. In 2021, following a court decision, his sentence was restructured to comply with constitutional requirements, reducing his parole ineligibility to fifteen years. He was released from prison in January 2022 and began a five-year probation term. In August 2022, he was arrested for new offenses, leading to a probation violation notice and detention.The Supreme Judicial Court of Massachusetts reviewed the case. The court held that the restructured sentence, including the probation term, did not violate constitutional protections against cruel or unusual punishment. The court emphasized that the probation term provided the juvenile with an opportunity for rehabilitation and reintegration into the community. The court also noted that any potential further incarceration resulting from a probation violation would be subject to constitutional constraints, ensuring that the juvenile would not be treated more harshly than a juvenile convicted of murder for parole eligibility purposes. The court affirmed the order denying the juvenile's motion for relief from unlawful restraint. View "Commonwealth v. Sajid S." on Justia Law

The case involves Santiago Gonzalo Canales, who was convicted for lewd acts and continuous sexual abuse of children. Canales sexually abused his stepdaughter and niece for over a decade, both of whom were under the age of 14 during the abuse. He was charged with four counts, including lewd acts on his niece and continuous sexual abuse of his niece and stepdaughter. The trial lasted eight days, and the jury convicted Canales on all counts, sentencing him to 60 years to life in prison.Canales appealed his convictions, challenging two different jury instructions. He argued that the first instruction did not identify the correct mental states for the offense of continuous sexual abuse. The court upheld the instruction, stating that it was in line with the presumption of mandatory culpability. Canales's second challenge was to another instruction, which the court assumed was given in error, but held that the error was harmless. Canales also forfeited a third challenge. However, on his fourth point, the court agreed with both parties that Canales must be resentenced.The Court of Appeal of the State of California Second Appellate District affirmed Canales's convictions, vacated his sentence, and remanded the case for resentencing without applying the One Strike law. View "People v. Canales" on Justia Law

The case involves Norman Thurber, who was convicted of six counts of production of child pornography. The charges stemmed from videos found on Thurber's cell phone, which depicted him engaging in sexual acts with a minor female. Thurber was sentenced to 20 years' imprisonment on each count, with the sentences running concurrently, and 10 years of supervised release to follow. Thurber appealed, challenging various trial rulings, the sufficiency of the evidence, and the district court's imposition of standard conditions of supervised release in the written judgment that it did not orally pronounce at sentencing.The district court had ruled that Thurber was not entitled to present mistake of age as an affirmative defense, citing Eighth Circuit precedent. The court allowed Thurber to introduce evidence that the minor represented herself to be 18 years old, but only insofar as it was evidence that she was actually 18 years old, as age was an element of the offense. The jury returned a guilty verdict on all counts.The United States Court of Appeals for the Eighth Circuit affirmed Thurber’s convictions, but vacated the portion of the judgment imposing the standard conditions of supervised release and remanded to the district court for resentencing limited to the standard conditions. The court found that the district court did not err in refusing to allow Thurber to introduce additional portions of the text message exchange between him and the minor. The court also held that the district court did not err in denying Thurber the opportunity to present a mistake-of-age defense. View "United States v. Thurber" on Justia Law