In re E.B.
2017 Ohio 1232
| Ohio Ct. App. | 2017Background
- Thirteen-year-old E.B. was adjudicated delinquent after admitting to amended burglary and breaking-and-entering counts; the trial court committed him to DYS for consecutive terms but suspended the commitment conditioned on completing NOJRC.
- E.B. was removed from NOJRC for repeated disruptive, destructive, and aggressive conduct and transferred to Wood County JDC; probation officer filed a motion to revoke on April 28, 2016.
- On May 3, 2016, the court continued the revocation hearing, ordered a mental health evaluation at DYS, and entered a May 9, 2016 order committing E.B. to DYS pending the adjudication of the revocation motion.
- E.B. appealed the May 9, 2016 order (app. no. 12-16-03). The court later held an adjudicatory hearing (June 22, 2016) where E.B. admitted the probation violation under Juv.R. 29 and Juv.R. 35; disposition returned him to JDC and then re-ordered him to complete NOJRC (July entries).
- A subsequent motion to revoke (Aug. 17, 2016) led to another admission and placement at WCJRC (Sept. 2016). Appellate consolidation produced three appeals: the May 9 order appeal was dismissed as nonfinal; the other two appeals (12-16-07 and 12-16-08) were affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether court lacked authority to commit E.B. to DYS pending adjudication of probation revocation because R.C. 2152.16(A) permits commitment only after delinquency adjudication | E.B.: R.C. 2152.16(A) permits DYS commitment only after a delinquency adjudication; thus committing him to DYS pre-adjudication of the revocation was unauthorized | State/Court: Court acted to protect safety and secure a mental health evaluation; the May 9 order merely continued the hearing and was not a final adjudication; E.B. later admitted the violation under Juv.R. 29 | Court: May 9 order was not a final appealable adjudication; even if temporary commitment arguably implicated R.C. 2152.16(A), E.B. waived challenge by later admitting the violation in compliance with Juv.R. 29 and 35; assignment of error overruled |
| Whether the May 3 hearing produced a constructive admission or de facto adjudication prejudicing E.B. | E.B.: Trial judge’s on-record comment about a "true plea" amounted to constructive admission without Juv.R. 29 compliance | State/Court: The May 3 comment was a misstatement; the May 9 entry expressly continued the matter for adjudication | Court: Comment was a misstatement; no prejudice shown; the May 9 entry controlled and continued the hearing |
| Whether the May 9 order was a final, appealable order that divested the juvenile court of jurisdiction | E.B.: Treated May 9 order as final and appealed it | State/Court: May 9 was interlocutory (continued adjudication) and not final | Court: May 9 was not final; appeal in 12-16-03 dismissed |
| Whether statutory or procedural defects in the temporary commitment could be preserved after E.B.’s later voluntary Juv.R. 29 admissions | E.B.: Preserved the claim that DYS commitment before adjudication violated R.C. 2152.16(A) | State/Court: An admission waives non-jurisdictional challenges arising earlier; appellant cited no authority treating R.C. 2152.16(A) as jurisdictional | Court: By admitting the probation violations under proper Juv.R. 29/35 colloquies, E.B. waived his challenge to the earlier temporary commitment |
Key Cases Cited
- In re L.A.B., 121 Ohio St.3d 112 (Ohio 2009) (discusses requirements for juvenile plea/admission and related due process protections)
- Ross v. Common Pleas, 30 Ohio St.2d 323 (Ohio 1972) (guilty pleas waive non-jurisdictional pretrial errors)
- In re Christopher, 101 Ohio App.3d 245 (Ohio Ct. App. 1995) (treats juvenile admissions as analogous to guilty pleas and discusses waiver of rights)