In re D.K., Juvenile, 47 A.3d 347

State prosecutes an adult defendant for offenses allegedly committed as a juvenile (ages 10–14).
Initial information filed in 2010; criminal division stayed, then transferred to family division where jurisdiction was limited to under-18 juveniles.
Family division dismissed all charges because defendant had turned 18 and jurisdiction expired.
During 2011, Legislature enacted 33 V.S.A. § 5204a creating family-division-adult delinquency proceedings for certain offenses, with transfer options; issue is whether this amendment retroactively applies to charges filed earlier.
State argues amendment clarifies longstanding intent or provides criminal-division jurisdiction; Court holds amendment creates new law not retroactive to these charges.
Court affirms dismissal of all charges for lack of jurisdiction under prior statutes; Legislature later addressed gap prospectively via § 5204a.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is § 5204a retroactive to this case?	State argues § 5204a clarifies prior intent.	Johnson contends § 5204a creates new law, not retroactive.	No retroactive application; § 5204a creates new, prospective jurisdiction.
Did the criminal division have jurisdiction for acts committed as a juvenile under 14?	State asserts criminal division had ongoing jurisdiction for serious offenses.	Family division had exclusive original jurisdiction for juveniles under 18; no authority to proceed in criminal division.	No; family division had exclusive jurisdiction; neither division could adjudicate these adult-charged juvenile acts.
Does the prior statutory scheme permit criminal prosecution of adults for juvenile acts when the acts occurred before age 14?	State relies on broad criminal jurisdiction and public-policy aims.	Statutory scheme limits jurisdiction; protecting juvenile rehabilitative goals precludes automatic adult prosecutions.	No; statute delineates jurisdiction by age and offense; no general criminal-jurisdiction override.

Commonwealth v. A Juvenile, 554 N.E.2d 1212 (Mass. 1990) (similar scheme denied criminal court jurisdiction over juveniles committing acts before 14)
State v. Dellinger, 468 S.E.2d 218 (N.C. 1996) (cross-state analog: cannot transform juvenile acts into adult felony by mere time passage)
In re Willey, 2010 VT 93 (VT 2010) (applies pari materia statutory interpretation to legislative intent)
State v. Hamlin, 146 Vt. 97 (1990) (history of juvenile transfer and jurisdiction under Vermont statute)
In re Gifford, 808 A.2d 1 (N.H. 2002) (juvenile protections; consideration of age in culpability)