{¶ 1} Antwon C., a minor, was adjudicated delinquent because of a sexual offense and was placed on probation. He violated his probation. The trial court committed him to a term in the Department of Youth Services (“DYS”) and classified him as a Tier II sexual offender. Antwon now appeals. We affirm the delinquency adjudication and commitment, but we vacate his sexual-offender classification and remand this case to the trial court.
I. Background
{¶ 2} In 2005, Antwon was adjudicated delinquent on a charge of gross sexual imposition.
{¶ 3} Soon after Antwon arrived in Florida, he was involved in an incident for which he was committed to a residential facility for two years. Antwon finished the program and was placed on probation in Florida. He finished high school, obtained employment, and enrolled in college.
(¶ 4} In June 2008, Antwon was stopped for speeding in Georgia. The police officer discovered that there was an outstanding warrant for Antwon in Ohio.
{¶ 5} In this appeal, Antwon asserts that the trial court erred by (1) violating his due-process rights by failing to provide notice, (2) committing him to DYS, (3) failing to exercise discretion when it classified him as a Tier II sexual offender, and (4) denying him effective assistance of counsel.
II. Juv.R. 35 and Disposition
{¶ 6} Antwon argues that the trial court violated his due-process rights when it failed to comply with Juv.R,. 35. He argues that the rule required the trial court to invoke its continuing jurisdiction and provide notice.
{¶ 7} Juv.R. 35 governs proceedings that take place after judgment. But Juv.R. 35 is not applicable to this case, because Antwon fled to Florida before the trial court had reached a complete judgment.
{¶ 8} At the last hearing attended by Antwon, the trial court continued the case for 17 days to hold a hearing on Antwon’s sex-offender classification. But during those 17 days, Antwon fled to Florida, and the trial court was unable to address the final aspect of the ease. Thus, the court was not required to comply with Juv.R. 35.
{¶ 9} Antwon also argues that the trial court erred by failing to impose the least restrictive disposition available. Under R.C. 2152.19(A)(4), the trial court had discretion to craft an appropriate disposition.
{¶ 10} In his final assignment of error, Antwon argues that he was represented by ineffective trial counsel because his attorney failed to object to the trial court’s failure to comply with Juv.R. 35. We have already determined that Juv.R. 35 did not apply. We overrule this assignment of error.
III. Classification
{¶ 11} Antwon argues that the juvenile court failed to use discretion when classifying him a Tier II sexual offender. We agree, so we must reverse the classification.
{¶ 13} Antwon argues in his brief — and the state conceded at oral argument— that the juvenile court has discretion to classify juvenile offenders under any of the three categories. Several Ohio appellate districts
{¶ 14} Since Antwon was 16 at the time of his offense, it was mandatory for the trial court to impose registration requirements on him.
{¶ 15} Our conclusion is bolstered by a reading of R.C. 2950.01. Sections (E), (F), and (G) of the statute define the three tiers through lists of enumerated offenses. Subsections (1) and (2) of these sections apply to adults. For example, R.C. 2950.01(F)(1) defines a Tier II offender as a sex offender who “has been convicted of, or has pleaded guilty to” a list of enumerated offenses. The classification under subsection (F)(1) is based solely on the offense for which the adult has been convicted.
(¶ 16} In Ohio, juveniles are not convicted of crimes. Instead, they are “adjudicated delinquent” for committing crimes.
{¶ 17} In short, a juvenile sex offender is classified by being adjudicated delinquent and by being categorized by the trial court. The trial court has discretion to consider all relevant information and to appropriately categorize the juvenile.
IV. Invited Error
{¶ 18} We understand why the magistrate originally classified Antwon and stated that the classification was “mandatory.” In an amicus brief for a case before the Ohio Supreme Court on this issue, the Attorney General stated that a juvenile court has discretion to determine in which tier a delinquent child belongs. But he admitted that some of the confusion over the issue was the fault of the Attorney General’s office as a result of its release of a document meant to provide guidance about sex-offender classification. Although that document stated that juvenile courts do not have discretion to determine tiers, the Attorney General, after reviewing the statute and various case law, concluded that the original interpretation was incorrect. The brief stated, “The relevant code provisions unmistakably afford discretion to the juvenile courts when fixing tier classification for juvenile offenders.”
V. Appealability
{¶ 19} The state argues that the classification order is not appealable, because it is not a final order — a mandatory reclassification hearing had not been completed.
{¶ 20} Juvenile sex offenders are afforded two classification hearings. First, under R.C. 2152.83, a juvenile is afforded a tier-classification hearing either as part of the child’s disposition or, if the child is committed to a secure facility, when the child is released. Second, under R.C. 2152.84, when a child completes all aspects of the disposition, including probation and any ordered treatment, the trial court “shall conduct a hearing” to consider the risk of reoffending so that the trial court can determine whether the order to register as a sex offender should be continued or terminated. Further, at the reclassification hearing, the trial court must determine whether the specific tier classification in which the child has been placed is proper and if it should be continued or modified.
{¶ 22} Thus, the court in this case should not have classified Antwon as a Tier II juvenile offender until he was released from DYS. We order the trial court to conduct a hearing and to exercise discretion to properly determine Antwon’s sex-offender registration status upon his release from DYS under R.C. 2152.82(A)(1). Antwon shall also receive a reclassification hearing under R.C. 2152.84(A)(1) when he finishes any probation and treatment ordered by the trial court.
{¶ 23} For the foregoing reasons, we affirm Antwon’s adjudication and commitment to DYS but reverse his sex-offender classification and remand the case to the trial court for the appropriate hearings to determine a sex-offender classification under the relevant statutes.
Judgment affirmed in part and reversed in part, and cause remanded.
. R.C. 2907.05.
. In re D.S., 111 Ohio St.3d 361, 2006-Ohio-5851, 856 N.E.2d 921, at ¶ 6.
. State v. Adams (1980), 62 Ohio St.2d 151, 157, 16 O.O.3d 169, 404 N.E.2d 144.
. In re G.E.S., 9th Dist. No. 24079, 2008-Ohio-4076, 2008 WL 3413040, at ¶ 37.
. In re Adrian R., 5th Dist. No. 08-CA-17, 2008-Ohio-6581, 2008 WL 5207301, at ¶ 17; In re P.M., 8th Dist. No. 91922, 2009-Ohio-1694, 2009 WL 943527, at ¶ 5; In re A.R., 12th Dist. No. CA2008-03-036, 2008-Ohio-6566, 2008 WL 5205648, at V 36; In re G.E.S., 9th Dist. No. 24079, 2008-Ohio-4076, 2008 WL 3413040, at ¶ 37. But see In re Smith, Allen App. No. 1-07-58, 2008-Ohio-3234, 2008 WL 2581667, at ¶ 31; In re S.R.B., 2d Dist. No. 08-CA-8, 2008-Ohio-6340, 2008 WL 5104690, at V 7.
. Smith, supra (amicus brief of Ohio Attorney General Richard Cordray supporting neither party).
. R.C. 2152.83(A).
. R.C. 2151.831.
. State v. Hanning (2000), 89 Ohio St.3d 86, 89, 728 N.E.2d 1059.
. In re Smith, 120 Ohio St.3d 1416, 2008-Ohio-6166, 897 N.E.2d 652 (amicus brief of Ohio Attorney General Richard Cordray, at 12).
. R.C. 2152..84(A)(1).
. State v. Zukowski, 10th Dist. No. 06AP-46, 2006-Ohio-5299, 2006 WL 2869544, at ¶ 9.
. R.C. 2152.83(A)(1).
