2018 Ohio 580
Ohio Ct. App.2018Background
- In Sept. 2015, juvenile O.P., age 15, was adjudicated delinquent of rape of his 9‑year‑old sister and placed in a residential treatment program at Cleveland Christian Home at disposition. The court did not classify him as a juvenile sex offender at disposition.
- The juvenile court reviewed placement several times and on Jan. 5, 2017 agreed to discharge O.P. from Cleveland Christian Home and return him to his mother’s custody after successful completion.
- At the January 5, 2017 hearing the court then conducted a juvenile sex‑offender classification hearing and designated O.P. a Tier I juvenile sex offender under R.C. 2152.83(B).
- O.P. moved to vacate the classification, arguing the court lacked authority to classify him at release because Cleveland Christian Home is not a “secure facility.” He submitted an affidavit and testimony showing entrances/exits were not all locked/exclusively controlled by staff.
- The trial court denied the motion; O.P. appealed. The state did not contest that the facility was not secure but argued the court could classify at any point in the disposition period.
- The appellate court reversed, holding that because the facility was not a “secure facility” under R.C. 2950.01(K), the court lost authority to classify O.P. after disposition and the post‑release classification must be vacated.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (O.P.) | Held |
|---|---|---|---|
| Whether the juvenile court could classify O.P. as a juvenile sex offender at his release from Cleveland Christian Home | The court may classify at any point during the "disposition period," so the Jan. 5, 2017 release hearing qualified | Court lacked authority because Cleveland Christian Home is not a "secure facility" and R.C. 2152.83(B) permits post‑disposition classification only if committed to a secure facility | Reversed: court lacked authority to classify at release because the facility was not a "secure facility," so the classification must be vacated |
Key Cases Cited
- In re I.A., 140 Ohio St.3d 203 (Ohio 2014) (R.C. 2152.83(B) allows a single discretionary classification hearing either at disposition or at release from a secure facility)