In re Ronald J.
2017 IL App (4th) 160855
| Ill. App. Ct. | 2017Background
- Respondent Ronald J. was adjudicated delinquent and committed to the Department of Juvenile Justice after probation violations and a burglary admission.
- The trial court found four statutory prerequisites for commitment, including that removal was necessary and the Department was the least restrictive option.
- The court relied on minimal, incomplete evidence, notably lacking educational background, learning-disability assessment, health, and disciplinary history data.
- The social investigation report admitted the minor failed to cooperate, hindering collection of education and health information.
- Respondent’s counsel objected to missing evidence under 5-750(1)(D) and (E); no substantial evidence about Section 5-750(1)(D) and (E) was presented at sentencing.
- On appeal, the court vacated the commitment order and remanded for full compliance with 705 ILCS 405/5-750(1)(D).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the record contains indispensable evidence under 5-750(1)(D) and (E). | Bender argues the record lacks educational background and health data necessary for confinement. | Ronald contends the court reasonably determined confinement was necessary despite incomplete data. | Vacate commitment and remand for evidence on D and E. |
| Whether lack of evidence on D (education) alone requires reversal. | State asserts forfeiture of G but not D. | Ronald asserts educational background is indispensable per statute. | Remand solely to develop D evidence; G forfeiture does not foreclose D review. |
| Whether the State’s estoppel theory barred challenging D and E evidence. | State claims respondent’s silence estopped complaint about missing data. | Respondent argues right to remain silent cannot be penalized and estoppel does not apply. | Estoppel rejected; constitutional rights protected. |
Key Cases Cited
- In re Justin F., 2016 IL App (1st) 153257 (Ill. App. 1st Dist. 2016) (lacks D evidence invalidates commitment; remand for D)
- Raheem M., 2013 IL App (4th) 130585 (Ill. App. 4th Dist. 2013) (court may require evidence of educational background)
- In re M.W., 232 Ill. 2d 408 (Ill. 2009) (forfeiture and procedural obligations in delinquency)
- Haudrich v. Howmedica, Inc., 169 Ill. 2d 525 (Ill. 1996) (forfeiture and trial procedures governing appellate review)
- People v. Ashford, 121 Ill. 2d 55 (Ill. 1988) (privilege concerns in probation context)
- Mitchell v. United States, 526 U.S. 314 (U.S. 1999) ( Fifth Amendment rights in sentencing context)
- In re Gault, 387 U.S. 1 (U.S. 1967) (juvenile delinquency proceedings deemed criminal for self-incrimination purposes)
- Raheem M., 2013 IL App (4th) 130585 (Ill. App. 4th Dist. 2013) (educational/disability consideration in 5-750(1))