| JUVENILE
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| 1. | Juvenile entitled to be released for failure to hold timely hearing.
State in the Interest of SA, 2022-CK-00922 (La. 06/14/2022) [2 pp.]
From LSCR Volume 30, Issue 6
Under Louisiana Children's Code arts. 737(A)(4) and 739(B), when a child is taken into
custody and placed at a secure detention facility, a hearing must be... view full summary |
| 2. | Custody/adoption dispute remanded to district court to hold hearing re transfer of custody to biological mother.
Olivia Lyn Bean v. Emily Pounds, 2022-CJ-00936 (La. 06/23/2022) [5 pp.]
From LSCR Volume 30, Issue 6
On April 30, 2020, AGB was born to Olivia Lyn Bean and Treshawn Daraie Davis. Four days
later, they signed acts of surrender for the adoption of AGB by Emil... view full summary |
| 3. | District court lacked jurisdiction to impose restitution order after maximum one-year probationary period had expired.
State in the Interest of C.R., 2021-CK-01152 (La. 09/27/2021) [3 pp.]
From LSCR Volume 29, Issue 9
On September 17, 2019, CR was adjudicated delinquent for committing negligent injuring
under La. R.S. Section 14:39. The juvenile court imposed a sentence of six months... view full summary |
| 4. | Juvenile court did not abuse discretion in denying recess to State.
State in the Interest of HJ, 2020-CK-00290 (La. 03/16/2021) [2 pp.]
From LSCR Volume 29, Issue 3
During HJ's adjudication proceeding, the State moved for a recess to secure the presence of
a witness. The juvenile court denied the motion. The Fourth Circuit granted ... view full summary |
| 5. | Court vacates disposition that violated Children's Code.
State in the Interest of NS, 2020-CK-01171 (La. 12/08/2020) [5 pp.]
From LSCR Volume 28, Issue 12
NS, along with two other female juveniles, was adjudicated delinquent after participating in
a carjacking. NS was just five days shy of her fourteenth birthday when the... view full summary |
| 6. | Juvenile entitled to release when continued custody hearing was held four days from detention.
State in the Interest of MB, 2020-CK-01414 (La. 12/22/2020) [4 pp.]
From LSCR Volume 28, Issue 12
Fourteen-year-old MB was arrested on several charges on December 4, 2020, and detained
at the Juvenile Justice Intervention Center in Orleans Parish. On December 8, MB ... view full summary |
| 7. | Adjudication should not have been dismissed as untimely.
State in the Interest of M.P., 2020-CK-00567 (La. 11/04/2020) [2 pp.]
From LSCR Volume 28, Issue 11
On December 17, 2018, the State filed a petition alleging MP committed aggravated battery. MP answered the petition on January 24, 2019, and entered a plea of not guilty.... view full summary |
| 8. | Juvenile court was bound by terms it imposed on juvenile's probation.
State in the Interest of L.S., 2020-CK-00677 (La. 06/09/2020) [2 pp.]
From LSCR Volume 28, Issue 6
By judgment dated February 5, 2020, LS was adjudicated delinquent. One of the conditions
imposed by the juvenile court on LS's probation was that "[i]f the youth is arr... view full summary |
| 9. | Court declares exception to juvenile court jurisdiction unconstitutional.
State in the Interest of D.T., 2019-KA-01445 (La. 04/03/2020) [12 pp.]
From LSCR Volume 28, Issue 4
DT was arrested after a shooting incident in June 2019, when he was 16 years old. The
juvenile court found probable cause for the charge of aggravated b... view full summary |
| 10. | Motion to dismiss adjudication as untimely should have been granted.
State in the Interest of C.G., 2019-CK-01653 (La. 11/05/19) [1 p.]
From LSCR Volume 27, Issue 11
The juvenile filed a motion to dismiss because the adjudication hearing had not commenced
within the delays allowed by La. Children's Code art. 877. The juvenile court ... view full summary |
| 11. | Court sidesteps issue of constitutionality of lifetime sex offender registration for juveniles, holding that habeas relief was not available.
State in the Interest of A.N., 2018-CK-01571 (La. 10/22/19) [19 pp.]
From LSCR Volume 27, Issue 10 A.N. was adjudicated delinquent in Orleans Parish Juvenile Court for the crime of aggravated
incest involving his younger sister. As a... view full summary |
| 12. | State failed to prove juvenile's age at time of offense, so lifetime sex offender registration did not apply.
State in the Interest of E.S., 2018-CK-01763 (La. 10/22/19) [24 pp.]
From LSCR Volume 27, Issue 10 After investigating allegations of sexual abuse against E.S. by a 5-year-old girl, a detective
executed an arrest warrant affidavi... view full summary |
| 13. | Court reinstates district court's termination of father's rights for failure to comply with case plan, with emphasis on his continued substance abuse.
State in the Interest of ALD and LSD, 2018-CJ-1271 (La. 01/30/19) [20 pp.]
From LSCR Volume 27, Issue 2
ALD, a minor child, was removed from the care of his mother, NML, and his father, CKD, in
May 2016. A few weeks later, Louisiana's Department of Children and Family Servic... view full summary |
| 14. | Court reverses adjudication of rape for insufficient evidence.
State in the Interest of T.H., 2017-CK-2021 (La. 12/03/18) [3 pp.]
From LSCR Volume 26, Issue 12
The victim in this matter, TS, age fourteen at the time of the offense, testified that she lived
in an apartment complex in East Baton Rouge Parish and in December 2016... view full summary |
| 15. | Court addresses standard for termination of guardianship in face of claim by biological mother.
In Re: L.M.M., Jr., a Minor, 2017-CJ-1988 (La. 06/27/18) [33 pp.]
From LSCR Volume 26, Issue 7
LMM was born prematurely in November 2011 to an unmarried 18-year-old mother, Kodie,
and a 19-year-old father. LMM's parents routinely used illicit drugs and were unable... view full summary |
| 16. | Ninety-day period to commence adjudication was suspended by period during which competency was challenged and determined.
State in the Interest of R.M., 2017-CK-0281 (La. 03/13/18) [7 pp.]
From LSCR Volume 26, Issue 3
On November 13, 2015, the State filed a petition alleging that RM committed the felony-
grade delinquent act of possession with intent to distribut... view full summary |
| 17. | Court reverses lower courts and orders termination of father's parental rights, freeing child to be adopted by foster family.
State in the Interest of C.F., 2017-CJ-1054 (La. 12/06/17) [22 pp.]
From LSCR Volume 25, Issue 12
CF was born in 2006. Her mother died of natural causes in December 2013. In June 2014
the Department of Children and Family Services (DCFS) received a report expressing... view full summary |
| 18. | Crime of unauthorized use of motor vehicle does not require knowledge that vehicle is stolen.
State in the Interest of C.T., 2016-CK-0939 (La. 10/18/17) [8 pp.]
From LSCR Volume 25, Issue 10
Baton Rouge police officers found fifteen-year-old CT and another juvenile passed out in a
truck in a McDonald's parking lot at 1 a.m. A strong odor of marijuana emanate... view full summary |
| 19. | Time limit for commencing adjudication hearing was suspended while State sought supervisory review of premature dismissal.
State in the Interest of AC, 2017-CK-0182 (La. 06/29/17) [7 pp.]
From LSCR Volume 25, Issue 7
On March 7, 2016, the State filed a petition alleging that AC, at the age of fourteen,
committed the felony-grade delinquent acts of aggravated rape... view full summary |
| 20. | Mandatory reporter of abuse provisions do not apply to priests hearing sacramental confessions.
Robert D. Mayeux v. George J. Charlet, Jr., 2016-CA-1463 (La. 10/28/16) [17 pp.]
From LSCR Volume 24, Issue 11
Plaintiffs filed a petition alleging that their daughter, Rebecca, suffered damages as a result
of inappropriate sexual acts perp... view full summary |
| 21. | Split Court recalls writ in dispute between biological and foster parents.
Jeremy George v. Robbie Dugas, 2016-CJ-0710 (La. 11/07/16) [25 pp.]
From LSCR Volume 24, Issue 11
Summer and Jeremy George are the biological parents of three minor children. The children
were removed from their home in 2010 and... view full summary |
| 22. | Third parties could petition for appointment of counsel to bring petition for termination of parental rights.
State in the Interest of KCC, 2015-CJ-1429 (La. 01/27/16) [19 pp.]
From LSCR Volume 24, Issue 1 On March 1, 2013, TT gave birth to a baby boy, KCC. At the time, his biological father, MM, had
doubts about whether he was KCC's fath... view full summary |
| 23. | Because incest charges against juvenile did not require that he register as a sex offender, he was not obligated to comply with sex offender identification statutes.
State in the Interest of K.L.A., 2014-CK-1410 (La. 06/30/15) [10 pp.]
From LSCR Volume 23, Issue 7 A delinquency petition was filed against K.L.A. in March 2012, charging him with a violation of La
R.S. Section 14:78.1(B)(2), aggrava... view full summary |
| 24. | Mother's violation of voluntary safety plan not ordered by court was improper basis for finding children in need of care and removing them from her custody.
State of Louisiana in the interest of A.A., J.A., A.D., H.D., & J.D., 2014-CJ-2509 (La. 01/09/15) [5 pp.]
From LSCR Volume 23, Issue 1 Applicant is the mother of the five children who are the subject of this proceeding. In light of
allegations of child... view full summary |
| 25. | State's deadline to adjudicate case in juvenile court could not be extended by dismissing case and filing new petition.
State in the Interest of J.M., 2013-CK-2573 (La. 12/09/14) [11 pp.]
From LSCR Volume 22, Issue 12 Defendant, a juvenile, was charged with simple battery and simple criminal damage to property. On
February 25, 2013, she appeared to a... view full summary |
| 26. | Juvenile's acquiescence in choosing hearing date amounted to good cause extension of time limits for hearing.
State in the Interest of J.T., 2014-CK-0762 (La. 11/14/14) [1 p.]
From LSCR Volume 22, Issue 11 J.T., a juvenile, was charged with simple robbery in March 2013. He appeared in court on April 8,
2013, and entered a plea of not guil... view full summary |
| 27. | Court schedule did not present good cause for failing to set answer hearing within five days for juvenile held in custody, but issue was moot when juvenile did not seek immediate review.
State in the Interest of L.D., 2014-KA-1080 (La. 10/15/14) [7 pp.]
From LSCR Volume 22, Issue 10 On September 5, 2013, the State charged L.D. in the 15th JDC with commission of a felony-grade
delinquent act of unauthorized use of a... view full summary |
| 28. | Delinquency adjudication reinstated; juvenile had not complied with plea agreement requiring good faith effort to obtain vocational training.
State in the Interest of E.C., 2013-CK-2483 (La. 06/13/14) [19 pp.]
From LSCR Volume 22, Issue 6 By a petition of delinquency, defendant was charged with being a principal to second degree murder
and armed robbery when he was fourt... view full summary |
| 29. | Statutes restricting juvenile's right to bear arms and to conceal firearm on his person survived strict scrutiny analysis.
State in the Interest of J.M., 2013-CK-1717 c/w 2013-KA-1772 (La. 01/28/14) [19 pp.]
From LSCR Volume 22, Issue 2 Prior to its recent amendment, La. Const. art. I, Section 11 provided, "The right of each citizen to keep and
bear arms shall not be a... view full summary |
| 30. | Delinquency adjudication hearing could be held outside of thirty-day time limit.
State in the Interest of D.J., 2013-CK-1111 (01/10/14) [2 pp.]
From LSCR Volume 22, Issue 1 La. Chil. Code art. 877(A) sets forth time limitations for delinquency adjudication hearings,
providing: "If the child is ... view full summary |
| 31. | Investigatory stop of apparent juveniles in vehicle was reasonable.
State in the Interest of C.S., 2012-CK-1376 (La. 01/11/13) [3 pp.]
From LSCR Volume 21, Issue 1 Officers observed defendant and two other people sitting in a parked vehicle and speaking to a
female who was standing outside. None... view full summary |
| 32. | Court of appeal improperly dismissed delinquency petition.
State in the Interest of T.M., 2012-CK-0964 (La. 12/14/12) [2 pp.]
From LSCR Volume 20, Issue 12
The State's delinquency petition against defendant alleged three counts: possession of a handgun by
a juvenile, unauthorized use o... view full summary |
| 33. | Evidence sufficient to show passenger knew vehicle was stolen.
State in the Interest of D.M., 2011-CK-2588 (La. 06/29/12) [8 pp.]
From LSCR Volume 20, Issue 7 Defendant was a passenger in a stolen mini-van, seated in the back seat behind the driver. When
police spotted the van and attempted t... view full summary |
| 34. | Evidence sufficient to support possession of unrecovered handgun.
State in the Interest of T.E., 2012-CK-0517 (La. 06/29/12) [7 pp.]
From LSCR Volume 20, Issue 7 An N.O.P.D. officer was monitoring cameras inside the Fischer Housing Development when he saw
defendant, a juvenile, sitting in the ba... view full summary |
| 35. | Officer's testimony negated reasonable probability of misidentification.
State in the Interest of C.D., 2011-CK-1701 (La. 07/02/12) [14 pp.]
From LSCR Volume 20, Issue 7 An N.O.P.D. officer from the Narcotics Unit was conducting surveillance to investigate a
confidential tip about drug traff... view full summary |
| 36. | Parental rights terminated so that children would not remain in foster care for indefinite period of time.
State in the Interest of A.M., L.M., and M.M., 2012-CJ-0799 (La. 06/15/12) [1 p.]
From LSCR Volume 20, Issue 6 The Mental Health Advocacy Service/Child Advocacy Program filed a petition in the juvenile court
to terminate parental rights with reg... view full summary |
| 37. | Neither termination of parental rights nor family reunification justified.
State in the Interest of H.A.S. and C.W.C., 2010-CJ-1529 (La. 11/30/10) [21 pp.]
From LSCR Volume 18, Issue 12S.M.S.S. is the biological mother of C.W.C., a boy born April 17, 2000, and H.A.S., a girl born July
11, 2005. H.A.S.'s father is deceased, and C.W.C's father is incarcerated. In February 2007, the ... view full summary |
| 38. | Parental rights terminated under La. Children's Code art. 1015(5).
State in the Interest of H.A.B., 2010-CJ-1111 (La. 10/19/10) [39 pp.]
From LSCR Volume 18, Issue 10 In April 1999, H.A.B. was born to S.B. and an unknown father. From the outset H.A.B.'s life was
subject to numerous investigations by ... view full summary |
| 39. | Parent not entitled to 5 day notice prior to trial to terminate parental rights.
State in the Interest of H.M.D. and J.J.W., 2009-CJ-2373 (La.01/08/10) [3 pp.]
From LSCR Volume 18, Issue 1
The State, through the Department of Social Services, Office of Community Services (OCS),
filed a petition for termination of J.D.'s parental rights to her two minor children. J.D. and her counsel... view full summary |
| 40. | Juvenile not entitled to jury trial.
State in the Interest of A.J., 2009-KA0477 (La. 12/01/09) [29 pp.]
From LSCR Volume 17, Issue 12 The State filed this petition to commence a delinquency proceeding in Orleans Parish Juvenile Court, alleging that A.J., age 14, had committ... view full summary |
| 41. | Videotaped statement of minor may not be shown to expert or investigator.
State, In the Interest of A.M., 2008-CK-2493 (La. 11/21/08) [6 pp.]
From LSCR Volume 16, Issue 11 In this juvenile proceeding involving rape of an 8-year-old, with a 12-year-old witness, defendant moved to have both defense counsel and hi... view full summary |
| 42. | Unexplained traumatic injuries provides reasonable ground for state custody.
State, in the Interest of L.B., 08-CJ-1539 (La. 7/25/08) [4 pp.]
From LSCR Volume 16, Issue 9 The Office of Community Services filed a verified complaint requesting an instanter order seeking to place the minor child, 7-month-old L.B.... view full summary |
| 43. | Juvenile court may not revise OCS case plan.
State the Interest of R.A., 06-C-J2380 (La. 12/15/06) [10 pp.]
From LSCR Volume 14, Issue 12 The juvenile court held a review hearing pursuant to La. Ch. Code art. 692 to review the case plan prepared by the Office of Community Servi... view full summary |
| 44. | Multiple-misdemeanor juvenile disposition limited to 6 months.
State in the Interest of B.J., 05-CK-0913 (La. 7/24/05) [4 pp.]
From LSCR Volume 14, Issue 1 The State charged relator in a delinquency petition with various misdemeanor-grade acts apparently stemming from a single incident in Baton ... view full summary |
| 45. | Defendant may be charged criminally after reaching 21 years old, even though offense was committed at 14.
State v. Havis, 03-KK-2490 (La. 4/30/04) [6 pp.]
From LSCR Volume 12, Issue 5 Defendant was charged with sexual assault of a child under the age of 12 years allegedly committed by relator in 1996 when he was 14 years old. Allegations of the crime did not come to light until ye... view full summary |
| 46. | Juvenile proceedings open to the public.
State in the Interest of D.W., 2003-CK-2754 (La. 01/30/04) [6 pp.]
From LSCR Volume 12, Issue 2 After D.W. was adjudicated delinquent in the district juvenile court and committed to the Jetson Correctional Center for Youth, his attorney... view full summary |