In Re I.A.
140 Ohio St. 3d 203
| Ohio | 2014Background
- Juvenile I.A. (age 14 at offense) was adjudicated delinquent for rape and transferred to Montgomery County for disposition.
- At disposition the juvenile court committed I.A. to the Department of Youth Services (secure facility) and, at the same hearing, held an R.C. 2152.83(B)(2) classification hearing and designated I.A. a Tier III juvenile-offender registrant.
- I.A. appealed, arguing that R.C. 2152.83(B)(1) permits a classification hearing only at disposition or, if the juvenile is committed to a secure facility, at the time of release — not both; therefore the court erred by classifying him at disposition.
- The Second District Court of Appeals affirmed, adopting a plain-language reading that the statute leaves timing to the judge’s discretion. The appellate court certified conflict with the Fifth District’s decision in In re B.G., which held the opposite.
- The Ohio Supreme Court granted review to resolve whether a court that commits a child to a secure facility may conduct the R.C. 2152.83(B)(2) classification hearing at disposition or must wait until release.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a juvenile court that commits a child to a secure facility may hold the R.C. 2152.83(B)(2) classification hearing at disposition or must wait until the child’s release | I.A.: Commitment to a secure facility bars a disposition-time hearing; statute allows a hearing at disposition only when the child is not committed | State: R.C. 2152.83(B)(1) is permissive and unambiguous; a court that adjudicates a child delinquent may hold the hearing at disposition even if it commits the child, and may also (optionally) hold it at release | The court held that R.C. 2152.83(B)(1) permits a court that commits a child to a secure facility to hold the classification hearing at disposition; the court also may hold a hearing at release (statutory options), so the appellate judgment is affirmed. |
| Whether the statute contemplates one hearing or multiple hearings for classification when a juvenile is committed (separate/narrow question raised in concurrence) | I.A.: (implicit) single hearing at release preferred to allow treatment to take effect before classification | State: argued discretion over timing; lower court treated both times as available | Justice French (concurrence): agrees with result but contends statute authorizes only a single (one-time) R.C. 2152.83(B) hearing — courts must choose disposition OR release, not both. |
Key Cases Cited
- Estate of Heintzelman v. Air Experts, Inc., 126 Ohio St.3d 138 (2010) (first step in statutory interpretation is to determine whether statute is clear)
- State v. Kreischer, 109 Ohio St.3d 391 (2006) (when legislative intent is plainly conveyed, court applies statute as written)
- Dorrian v. Scioto Conservancy Dist., 27 Ohio St.2d 102 (1971) (the word “may” generally denotes permissive/discretionary meaning)
- Pizza v. Sunset Fireworks Co., Inc., 25 Ohio St.3d 1 (1986) (use of connector “or” indicates distinct alternative options)
