In re C.L.M.
2012 Ohio 5175
Ohio Ct. App.2012Background
- C.L.M., a minor, was adjudicated delinquent for attempted rape of a 3-year-old neighbor, while fourteen at offense.
- Disposition included commitment to DYS for 1 year minimum and up to the juvenile’s 21st birthday, plus tier II sex-offender classification.
- Trial court classified C.L.M. as a tier II sex offender at disposition; counsel did not object to the classification.
- R.C. 2152.83 governs juvenile sex-offender classification, with timing depending on whether the juvenile is committed to a secure facility.
- R.C. 2152.83(B)(2) requires a hearing reviewing disposition effectiveness and treatment before classifying as a sex offender, typically after release from the secure facility.
- Court noted the hearing should consider treatment results and post-disposition factors under R.C. 2152.83(D).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sex-offender classification could be made at disposition. | C.L.M. argues classification must wait until release from DYS. | The State asserts discretion to conduct the hearing at disposition or after release. | Classification must be delayed until release; disposition ruling reversed. |
Key Cases Cited
- In re B.G., 2011-Ohio-5898 (5th Dist. 2011) (supports waiting for release before classification)
- In re Callahan, 2005-Ohio-735 (5th Dist. 2005) (contrasts with disposition timing assessment)
- In re W.Z., 2011-Ohio-3238 (6th Dist. 2011) (privacy and rehabilitation considerations favor post-release hearing)
- In re David G., 2009-Ohio-4002 (5th Dist. 2009) (mandatory timing of hearing cannot be waived by failure to object)