In re C.B., 2022 Ohio 1299

In 2015, at age 16, C.B. was adjudicated delinquent for two counts of rape and two counts of gross sexual imposition and committed to the Ohio Department of Youth Services until age 21.
On initial appeal the matter was remanded for reconsideration of juvenile offender registrant (JOR) classification; on remand the trial court classified C.B. as a Tier II sex offender and this Court affirmed.
C.B. was discharged from parole in March 2019 and filed a motion to review his classification under R.C. 2152.84 on February 10, 2021.
A reclassification hearing was held July 1, 2021 (C.B. was the sole witness); the court allowed written closing arguments and entered judgment September 8, 2021 continuing Tier II status.
The juvenile court acknowledged C.B.’s positive conduct (education, employment, low risk scores) but found controlling factors favoring continuation: offense against a much younger victim, C.B.’s ongoing denial/lack of genuine remorse, and refusal to complete sex-offender treatment.
On appeal the Fifth District reviewed for abuse of discretion and concluded the trial court reasonably weighed the R.C. 2152.83 factors and did not err; the denial of declassification was affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the juvenile court abused its discretion by denying C.B.'s petition to declassify him from Tier II under R.C. 2152.84	Continued Tier II classification is appropriate under R.C. 2152.83 factors: serious offense with large age discrepancy, lack of treatment, continued denial/lack of remorse, continued public risk	C.B. argued he met statutory grounds for declassification: exemplary behavior in DYS, low risk assessments, education, steady employment, and rehabilitation efforts	Court affirmed; no abuse of discretion. Trial court reasonably applied statutory factors and its factual weighting will not be disturbed

In re D.S., 146 Ohio St.3d 182, 54 N.E.3d 1184 (Ohio Supreme Court: trial court retains ongoing discretion to continue, modify, or terminate juvenile sex-offender classification)
Berk v. Matthews, 53 Ohio St.3d 161, 559 N.E.2d 1301 (appellate courts defer to trial judge’s factual findings and discretionary decisions)