W.J.S. v. State, 512 S.W.3d 688

Juvenile W.J.S. was adjudicated for fourth-degree sexual assault (amended from Class Y felony rape) involving a five-year-old sister; he had admitted the conduct on two occasions.
The State moved to require juvenile registration as a sex offender; the trial court initially ordered registration; this court remanded for compliance with the statutory requirement to make written findings under Ark. Code Ann. § 9-27-356.
On remand the circuit court entered an amended order finding by clear and convincing evidence that W.J.S. must register and made written findings addressing the statutory factors (seriousness, protection of society, planning, prior history, availability of rehabilitative programs, assessment reports, and other relevant factors).
The court relied principally on a July 2015 risk assessment and testimony by Helen Chambers, who concluded W.J.S. posed a high risk to reoffend based on extensive sexualized and aggressive behaviors, treatment history, and ongoing urges.
Records showed multiple incidents: sexual contact with young children and peers, exhibitionism, and sexual acting out while in residential treatment; prior residential placements (Piney Ridge, Lakeland) with mixed progress and subsequent troubling behaviors at home.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether State’s motion for registration should have been dismissed	W.J.S. argued procedural or evidentiary defects warranted dismissal	State sought registration based on assessment and recommendations	Previously affirmed dismissal argument; not at issue on remand (court had earlier affirmed on this point)
Whether circuit court clearly erred in ordering registration	W.J.S. argued evidence showed mitigation: progress at Lakeland, lower threat level, lack of new adjudications, and some incidents predated treatment	State argued assessment and testimony showed high risk, continuing deviant urges, prior treatment failures, and need for community protection	Court held findings were supported by clear and convincing evidence; no clear error
Whether court made required written findings under Ark. Code Ann. § 9-27-356	W.J.S. argued original order lacked specific written findings on statutory factors	State relied on amended order entered on remand complying with statute	Court accepted amended order as satisfying statutory written-findings requirement
Whether court properly weighed credibility of assessor and supporting reports	W.J.S. contended underlying witnesses whose information fed the assessment should have testified; pointed to alternate view of evidence	State relied on Chambers’s direct testimony and the assessment materials she reviewed	Court deferred to trial court’s credibility determinations and affirmed registration decision

W.J.S. v. State, 495 S.W.3d 649 (Ark. Ct. App. 2016) (prior appellate decision addressing procedural issues and remand for written findings)