In re D.M.
This аppeal presents an issue of first impression: the scope of the Superior Court’s authority to terminate and dismiss a juvenile proceeding in Family Court once the juvenile has been found to have committed a delinquent act and in need of care or rehabilitation. In this case, D.M., a juvenile, pled involved to one count of misdemeanor theft in the Family Division of the Superior Court. The trial court found, at a dispositional proceeding, that D.M. was in need of care or rehabilitation, adju
The District of Columbia has appealed, arguing that: (i) the trial court did not have authority to dismiss the proceeding once it had already adjudicated D.M. delinquent, and (ii) even if the trial court did have such authority, the dismissal of the proceeding did not have the effect — as both D.M. and the trial court believed — of vacating D.M.’s original delinquency adjudication. We hold that once it had adjudicated D.M. as delinquent, the trial court lacked authority to dismiss the proceeding, to vacate the delinquency adjudication, or to terminate probation. D.M.’s term of probation terminated automatically on April 7, 2010, pursuant to the court’s original dispositional order. If he is statutorily eligible to do so, D.M. may move to expunge the adjudication of delinquency and seal his juvenile record pursuant to
I.
Fifteen-year-old D.M. was arrested for the theft of a cell-phone from a plainclothes police officer. He was charged in the Family Division of the Superior Court with one count of robbery, in violation of
Less than a week before his probation was to expire, D.M. petitioned the court to terminate his delinquency proceeding for “social reasons.”
The government opposed D.M.’s motion, and a hearing was held on April 7, 2010, the day D.M.’s probation was set to expire. At the hearing, the parties argued over whether the court had authority under
D.M. argued that the court retained authority to dismiss the proceeding, but that this power arose under
After some discussion, the trial judge concluded that “the overarching purposes of the statute seem to me to compel the reading that [subsection (d)(2) ] controls instead of [subsection (d)(3) ], because it’s not abundantly clear to me why [the determination that a child is in need of care or rehabilitation] would have to be made ... at the dispositional hearing.” Holding that it did have authority to make a new determination, the court found “clear and convincing evidence” that D.M. “[was] not in need of care and rehabilitation at this time,” and granted D.M.’s motion to dismiss the proceeding.
The government filed a timely notice of appeal, challenging the trial court’s authority to make a new determination as to D.M.’s need for “care or rehabilitation,” and also challenging the notion that dismissal of the proceeding would operate to vacate D.M.’s original delinquency adjudication or otherwise erase the record of the proceeding. Each party relies upon the arguments it made before the trial court, and also makes a number of new arguments. After oral argument before this court, we ordered the parties to submit supplemental briefing on several specific questions. The Public Defender Service filed a brief amicus curiae in support of D.M.
II.
The question of the Superior Court’s authority in this case depends on an interpretation of various statutory provisions and court rules, a task to which we apply de novo review. See Everton v. District of Columbia,
The District of Columbia initiates a delinquency proceeding against a juvenile by filing a petition in the Family Division of
The two elements of this determination are made in different hearings, which are often joined in practice. At the “factfind-ing hearing,” the court determines “whether the allegations in the petition are true,”
Depending on the stage of this two-step process, the trial court has authority to either dismiss the government’s petition or terminate the delinquency proceeding.
We described the court’s power to dismiss a delinquency petition pre-adjudication in In re C.S. McP,
The trial court in C.S. McP “wondered whether it had authority to dismiss the petition under Rule 48(b) at the late stage of the disposition[al] hearing,” and ultimately assumed it had such authority, but denied the juvenile’s motion on the grounds that dismissing the petition would not be in the interests of justice. Id. The juvenile appealed, and both parties renewed their prior arguments. Proceeding in a three-part analysis, we agreed that the trial court had the authority to dismiss the petition at the disposition stage.
First, we noted that Rule 48 — the relevant rule of juvenile procedure — seemed to contemplate, as a matter of policy, that a court could dismiss a petition for social reasons at the dispositional hearing. The then-in-effect Superior Court Juvenile Rule 48 stated that a trial court “may at any time during or at the conclusion of any hearing dismiss a petition and terminate the proceedings relating to the child, if such action is in the interests of justice and the welfare of the child.” Id. at 448 (quoting Super. Ct. Juv. R. 48(b) (1984))
Bolstering this conclusion, we noted, the first sentence in Rule 48(b) also appeared almost verbatim in Model Juvenile Rule 28, whose commentary made it clear that the rule should be read to allow the dismissal of a petition at the dispositional hearing. Council of Judges, National Council on Crime and Delinquency, Model Rides for Juvenile Courts Rule 28 (1969). Model Rule 28 was intended to allow the court to dismiss petitions which charged de minimis offenses or offenses which could be more effectively remedied by social intervention than court adjudication.
Second, we observed that
Third, we noted that a procedure which allowed a court to dismiss a proceeding at the dispositional hearing followed logically from the definition of “delinquent child.” Id. The applicable code provision stated then, as it does now, that a child is to be adjudicated delinquent only upon a showing that the child both (i) has “committed a delinquent act” and (ii) is “in need of care or rehabilitation.” Compare
We instructed the trial court to consider on remand whether the juvenile was in need of care or rehabilitation.
Theoretically, it may appear, [that] a finding that appellant is not in need of care or rehabilitation, and thus is not a delinquent child, would lead automatically to dismissal of the petition at the dispositional hearing, since by definition he would not be “delinquent.” We conclude, however, that the better approach is to regard dismissal in such circumstances as a matter of trial court discretion under Super. Ct. Juv. R. 48. It is not inconsistent to find that a juvenile is not a “delinquent child,” but to keep оf record,D.C.Code § 16-2331(a)(5) (1981), the finding that he or she committed a “delinquent act.” In case the juvenile commits an offense in the future, that record could aid the court in fashioning an appropriate disposition. On the other hand, the court may perceive in certain circumstances that a juvenile record of a “delinquent act” would not be “in the interests of justice and the welfare of the child.” Super. Ct. Juv. R. 48.
Id. at 452 n. 10.
To summarize, in C.S. McP, we determined that if a trial court finds that a juvenile has committed a delinquent act, but also determines that the juvenile is nevertheless not in need of care or rehabilitation, it must terminate the delinquency proceeding. In addition to terminating the proceeding, the court may also take the further step of dismissing the government’s petition. This dismissal is not automatic, and the decision whether to do so rests in the discretion of the trial court. If the court dismissed the petition, no finding of involvement in a criminal offense would appear in the child’s juvenile record. If the court did not dismiss the petition, the finding of involvement in a delinquent act would remain on the juvenile case record.
III.
This finally brings us to the issue presented in this case, which arises — unlike in the pre-adjudication setting addressed in C.S. McP — in a post-adjudication setting. We now address two interrelated issues raised in the appeal:
(1) The Family Court’s authority to dismiss a juvenile petition.
(2) Relief available to the delinquent juvenile post-adjudication.
As the trial court recognized, there is an apparent conflict between subsections (d)(2) and (d)(3) of
A. Thе Family Court’s Authority to Dismiss a Juvenile Petition.
Since our holding in C.S. McP over twenty years ago, a number of changes have been made to the applicable statutes and rule. As we now discuss, rather than the more open-ended authority that the statute conferred upon trial judges when C.S. McP was decided,
Our review of the evolution of this provision supports that the words “at or after” were not meant to convey a broad power to redetermine the need for care or rehabilitation and dismiss proceedings after adjudication of delinquency has been properly entered. When C.S. McP was decided, and until 2004,
The changes that were enacted in the Emergency Act and in the Temporary Act were identical.
(1) If the Division finds that the child is not in need of care or rehabilitation, it shall terminate the proceedings and discharge the child from detention, shelter care, or other restriction previously ordered.
(2) Determinations of whether a child is in need of care or rehabilitation may only be made at the dispositional hearing.
(3) In order to overcome the presumption of a need for care or rehabilitation in subsection (c), the Division must find by clear and convincing evidence at the dispositional hearing that thе child is not in need of care or rehabilitation before it may terminate proceedings.
(4) The fact that a child is receiving care or rehabilitation in another case shall not be the only grounds for dismissal.
D.C. Council, Comm. Print of the Comm, on the Judiciary on Bill 15-537 at 13-14 (June 22, 2004) (emphasis added).
It was thought that these changes would rein in the problem of premature dismissals. According to the “Committee Reasoning” section of the Committee Report:
The Committee endorses Bill 15-537’s recommended changes to the juvenile disposition process. This section requires that a Judge cannot dismiss a juvenile case simply because the child is already receiving “care or rehabilitation” as a result of a previous charge and allows a Judge to dismiss a case only at the dispositional phase of a case. The Committee concurs with the Executive that without these legislative changes, juvenile cases can be dismissed, regardless of the merits of the case, simply because the child is already in the system for a different offense. This provision is designed to address the problem of youths with multiple (some witnesses spoke of kids with 20 or more Unauthorized Use of Vehicle charges) charges, but who are not being held accountable for the serial nature of their crimes. This provision is necessary in order to insist that youth are held accountable for their actions and to ensure greater*549 accountability and more consistent standards regarding dismissals.
D.C. Council, Report of the Comm, on the Judiciary on Bill 15-537 at 12 (June 22, 2004).
Then, for reasons that are unexplained, the words “or after” were inserted into the phrase “at the dispositional proceeding” in subsection (d)(2) — but not in subsection (d)(3) — in the Engrossed Original of the act. See Bill 15-537, Engrossed Original at 17-18. This new language also appeared in the final Enrolled Original of the act, see D.C. Law 15-261 § 502(b), 52 D.C.Reg. 1188 (Mar. 17, 2005), and it remains in the current codification,
Words in a statute are to be given their plain meaning, unless to do so would lead to absurd results. See Peoples Drug Stores, Inc. v. District of Columbia,
Moreovеr, we believe it is possible to give some meaning to the words, “or after,” without doing violence to the overall statutory scheme and the Council’s expressed purpose in amending the statute to limit judges’ authority to truncate the process of juvenile adjudication. As the government argues, the words “or after” would apply to a situation where the dispo-sitional component of a juvenile proceeding requires more than one hearing. Such an occurrence is specifically contemplated by Rule 48. See Super. Ct. Juv. R. 48(b) (2011) (“If a motion to dismiss is made under this section, the opposing party shall have an opportunity to respond and, if necessary to preserve the rights of either party, the disposition hearing shall be continued for a hearing on the motion.”). Similarly, the Uniform Juvenile Court Act provides the court with the option to continue a dispositional hearing “for a reasonable period to receive reports and other evidence bearing on the disposition or the need for treatment or rehabilitation.” National Conference of Commissioners on Uniform State Laws, Uniform Juvenile Court Act of 1968, Hearing — Findings— Dismissal § 29(e) (July 30, 1968). The use of the phrase “at or after” would clarify that the court may dismiss the proceeding after a series of dispositional hearings (though not after adjudication of delinquency).
It is also possible that the drafters of the amendment to
Once a juvenile has- been found involved in a delinquent act and also in need of care or rehabilitation, that juvenile has been adjudicated a “delinquent child.”
We have interpreted this scheme, in a variety of circumstances, as vesting sole authority to make post-dispositional decisions in the director of the agency responsible for supervision.
B. Relief available to the delinquent juvenile post-adjudication.
Our holding that the court is not authorized to dismiss a petition post-adjudication does not mean, however, that a juvenile’s subsequent good behavior is not recognized. The question is how. Appellant argues that in order to further the rehabilitative purpose of the juvenile system, the court must have authority to terminate the proceedings after the delinquency adjudication, and that termination would necessarily have the effect of vacating the adjudication. Specifically, he argues, dismissal after disposition permits a child — even one who has been adjudicated delinquent — to say truthfully that he has not been adjudicated delinquent. In making this argument, appellant makes a distinction between dismissal of a delinquency determination and sealing of juvenile records (whether or not the child has been adjudged delinquent).
We conclude appellant’s premise is untenable because the statutory juvenile scheme has specifiс procedures for accomplishing the objectives appellant seeks. We begin by noting that the Council has enacted detailed provisions concerning records related to juvenile proceedings. All juvenile records are subject to confi
Post-adjudication, however,
Upon the entry of the order, the proceedings in the case shall be treated as if they never occurred. All facts relating to the action including arrest, the filing of a petition, and the adjudication, filing, and disposition of the Division shall no longer exist as a matter of law. The Division, the law enforcement department, or any other department or agency ... and the person who is the subject matter of the records may reply, to any inquiry that no record exists with respect to such person.
In contrast, dismissal of the petition at the factfinding stage under
Our conclusion is further supported by the enactment of recent amendments to the statute. Under the Expanding Access to Juvenile Records Amendment Act of 2010 (effective March 8, 2011),
We hold that the trial court did not have authority to dismiss the petition based on a new determination as to D.M.’s need for care or rehabilitation after it had already reached a final disposition and entered judgment adjudicating D.M. delinquent. Nor did the trial court have authority to vacate or set aside its earlier delinquency adjudication outside of the strictures for expungement of records in
So ordered.
Notes
. All sections of the D.C. Code cited to in this opinion are to the 2001 version unless otherwise specified.
. A dismissal for "social reasons” refers to the power of the court to terminate a petition "in the interest of justice and the welfare of the child,” where it finds by clear and convincing evidence "that the child [named in the petition] is not in need of care or rehabilitation.” Super. Ct. Juv. R. 48(b); see In re M. C. F.,
. A “child” is defined as a person under the age of eighteen, but this definition does not include a person who is sixteen years of age or older who has been charged with one of several specified, very serious offenses, or a traffic offense.
. A "delinquent act” is "an act designated as an offense under the law of the District of Columbia, or of a State if the act occurred in a State, or under Federal law.”
. If the court determines at the factfinding hearing that the child committed a delinquent act “which would constitute a criminal offense if committed by an adult,” then there is a "rebuttable presumption” at the dispositional hearing that the child is in need of care or rehabilitation.
.The evolution of the court’s jurisdiction to dismiss the petition at the factfinding stage, or at or after the dispositional hearing, but prior to adjudication, commenced in the fifth edition of the Standard Juvenile Court Act of 1949, which allowed for:
“Any decree or order of the court [to] be modified at any time.” This [became] the first sentence of Section 26 [of the 6th edition of the Act]; the rest of the section provides explicit protection of the rights of notice, of opportunity for a new hearing, and of petition for review of the decree, in contrast to the broad language of the earlier provision under which courts might have abused their discretion to modify decrees.
Monroe Paxman, “Evolution of the Standard Juvenile Court Act," 5 N.P.P.A.J. 392, 403 (Oct. 1959) (quoting the Standard Juvenile Court Act, 5 N.P.P.A.J. 26 (6th ed.1959)).
. The case was reversed and remanded for further proceedings for .reasons that are not rеlevant to this case.
. At any point in the juvenile court process, it may become apparent to the court that further proceedings are unnecessary or would be harmful and that the petition should be dismissed. Even at a detention hearing, for example, facts may be adduced that demonstrate the child’s noninvolvement in the acts alleged; and frequently at the adjudicatory hearing the acts alleged will prove to be trivial, not calling for a social study and further court action. This rule allows the termination of proceedings in such cases and permits the court to dismiss a petition even when it may technically have jurisdiction, thus preventing the child from unnecessarily acquiring a record of adjudication.
In re M. C. F.,
. The case was remanded so that the disposition finding could be made before a different judge, because the government had breached its plea agreement with the juvenile by allo-cuting against dismissal for social reasons.
. See D.C. Law 15-497, July 19, 2004, 51 D.C.Reg. 7844 (Emergency Act); D.C. Law 15-223, October 4, 2004, 51 D.C.Reg. 9624 (Temporary Act). The Emergenсy Act was reenacted several times while passage of permanent legislation was pending.
. A conforming amendment was made to the language of Rule 48(b) in 2009. See Superior Court Promulgation Order 09-05, effective October 1, 2009. Rule 48(b) currently provides:
At or after a disposition hearing, the judicial officer may dismiss a petition and terminate the proceedings relating to the respondent, if the judicial officer finds by clear and convincing evidence that the child is not in need of care or rehabilitation. The reason for such dismissal shall be set forth upon request of the Attorney General. A hearing on this issue may be held at the request of any party. If a motion to dismiss is made under this section, the opposing party shall have an opportunity to respond and, if necessary to preserve the rights of either party, the disposition hearing shall be continued for a hearing on the motion.
Super. Ct. Juv. R. 48(b) (emphasis added).
. We are not persuaded by appellee’s argument that the Council did not include "or after” in both subsections (d)(2) and (d)(3) because "[i]t would be redundant to apply the presumption after the dispositional hearing because at that stage, there would already be a judicial finding in place that the child was in need of care or rehabilitation.” The Council required the presumption whether the child was in need of care or rehabilitation be overcome by "clear and convincing” evidence, and it would be illogical that the Council intended for this standard to apply at the initial dispositional hearing but not at subsequent dispositional hearings.
. Super. Ct. Juv. R. 32(c)(1) provides:
The dispositional order shall be entered without unreasonable delay. Before entering a dispositional order the judicial officer shall afford the respondent or the respondent's counsel an opportunity to comment on the predisposition report and, in the Court’s discretion, to introduce testimony or other information relating to any alleged factual inaccuracy in the report. The judicial officer shall also afford counsel an opportunity to speak on behalf of the respondent and shall address the respondent personally, and the respondent’s parent, guardian, or custodian, if present, and ask if they wish to make a statеment in the respondent’s behalf or to present any information that might affect the dis-positional order. The [Office of the Attorney General] shall have an equivalent opportunity to address the Court and present information pertinént to disposition. The Court may also hear from victims of crime or members of their immediate family.
. Exactly such a judgment was entered in D.M.'s proceeding on October 7, 2009.
. In contrast, in the abuse and neglect system, the court retains jurisdiction once the child “has been adjudicated neglected and a dispositional order has been entered.”
. This conclusion does not conflict with our opinion in In re D.L.,
. The Director of Social Services is the official charged with supervising the "intake procedures, counseling, education and training programs, probation services, and such other services as the court shall prescribe,” D.C.Code § ll-1722(a), for all juvenile adjudications in the Superior Court.
. Unlike in the juvenile system, in the adult criminal system the trial court has jurisdiction over probation and the executive branch has jurisdiction оver incarceration and post-sentence supervision. See
. An analogy with the adult criminal law context is instructive on this point. A criminal court may vacate a judgment of guilt only upon specific grant of authority, such as, under
In comparison to the adult criminal system, the authority upon which the court may vacate a juvenile delinquency adjudication is found in
. See
. There is no difference between the two categories of juveniles for purposes of adult criminal sentencing. See D.C. Voluntary Sentencing Guidelines Manual § 7.23 (June 15, 2011) (increasing a criminal history score only for a "conviction or juvenile adjudication for which a sentence or disposition was imposed ”) (emphasis added).
.Dismissal of the government's petition automatically operates to terminate the proceeding. The reverse is not true; if the court merely terminates the proceeding pre-adjudi-cation, the government’s petition remаins in the juvenile case record unless the court affir•matively dismisses it. See C.S. McP,
. In the adult criminal system, an equivalent provision authorizes sealing criminal records, but requires the passage of longer periods of time before relief may be granted. Compare
. If the motion is submitted within four years after the proceeding has terminated, the juvenile must make a showing by a preponderance of the evidence,