In re J.B.

2011 Ohio 4530

Opinion

[Cite as In re J.B., 2011-Ohio-4530.]

COURT OF APPEALS MORROW COUNTY, OHIO FIFTH APPELLATE DISTRICT

IN RE: J.B. A Minor Child

JUDGES: : Hon. W. Scott Gwin, P.J. : Hon. William B. Hoffman, J. : Hon. Patricia A. Delaney, J. : : : Case No. 2011-CA-0002 : : : OPINION

CHARACTER OF PROCEEDING: Civil appeal from the Morrow County Court of Common Pleas, Juvenile Division, Case No. 2010JD00181

JUDGMENT: Vacated

DATE OF JUDGMENT ENTRY: September 6, 2011

APPEARANCES:

For State of Ohio For J.B. CHARLES HOWLAND AMANDA J. POWELL Morrow County Prosecutor Assistant Public Defender 60 E. High Street 250 East Broad St., Ste. 1400 Mount Gilead, OH 43338 Columbus, OH 43215 Gwin, P.J.

{¶1} J.B., a minor child, appeals a judgment of the Court of Common Pleas,

Juvenile Division, of Morrow County, Ohio, which classified him as a Tier III Juvenile

Sex Offender registrant. Appellant assigns six errors to the trial court:

{¶2} “I. THE TRIAL COURT ERRED WHEN IT CLASSIFIED J.B. AS A

JUVENILE OFFENDER REGISTRANT BECAUSE IT DID NOT MAKE THAT

DETERMINATION UPON HIS RELEASE FROM A SECURE FACILITY, AS

REQUIRED BY R.C. 2152.83 (A)(1).

{¶3} “II. THE MORROW COUNTY JUVENILE COURT ABUSED ITS

DISCRETION WHEN IT FOUND THAT J.B.’S CLASSIFICATION AS A TIER III

JUVENILE SEX OFFENDER REGISTRANT WAS MANDATORY IN VIOLATION OF

R.C.2950.01.

{¶4} “III. THE TRIAL COURT ERRED WHEN IT ORDERED J.B. TO BE

SUBJECT TO COMMUNITY NOTIFICATION.

{¶5} “IV. THE JUVENILE COURT ERRED WHEN IT CLASSIFIED J.B. AS A

TIER III JUVENILE OFFENDER REGISTRANT BECAUSE THE APPLICATION OF

R.C. 2152.83 TO HIM VIOLATES HIS RIGHT TO EQUAL PROTECTION UNDER THE

LAW IN VIOLATION OF THE FOURTEENTH AMENDMENT TO THE UNITED STATES

CONSTITUTION, ARTICLE I, SECTION 2 OF THE OHIO CONSTITUTION.

{¶6} “V. THE MORROW COUNTY JUVENILE COURT ERRED WHEN IT

IMPROPERLY NOTIFIED J.B. THAT, AS A JUVENILE SEX OFFENDER REGISTRANT, HE WAS PROHIBITED FROM LIVING WITHIN ONE THOUSAND

FEET FROM A SCHOOL, IN VIOLATION OF R.C. 2950.034(a).

{¶7} “VI. J.B. WAS DENIED THE EFFECTIVE ASSISTANCE OF COUNSEL AS

GUARANTEED BY THE SIXTH AND FOURTEENTH AMENDMENTS TO THE UNITED

STATES CONSTITUTION AND ARTICLE I, SECTION 16 OF THE OHIO

CONSTITUTION, WHEN DEFENSE COUNSEL FAILED TO FAMILIARIZE HERSELF

WITH OHIO’S JUVENILE OFFENDER CLASSIFICATION PROCEDURES.”

{¶8} In the disposition phase of J.B.’s case, the court committed him to the Ohio

Department of Youth Services for a minimum period of three years, maximum of his

twenty-first birthday. The trial court also found he was Tier III Juvenile Sex Offender

registrant.

{¶9} Appellant argues if a child is committed to the Department of Youth

Services, then pursuant to statute, the determination of his status as a sexual offender

must not be made until he is released. In Re: J.O., A Minor Child, Licking App. No. 09-

CA-0135, 2010-Ohio-4296; R.C. 2152.83 (A).

{¶10} The State concedes the trial court’s determination of whether J.B. should

be designated as a juvenile offender registrant subject to classification and registration

requirements was premature.

{¶11} The first assignment of error is sustained.

{¶12} Appellant’s other assignments of error are moot.

{¶13} For the foregoing reasons, the judgment of the Court of Common Pleas,

Juvenile Division, of Morrow County, Ohio, is vacated.

By Gwin, P.J., Hoffman, J., and

Delaney, J., concur

_________________________________ HON. W. SCOTT GWIN

_________________________________ HON. WILLIAM B. HOFFMAN

_________________________________ WSG:clw 0822 HON. PATRICIA A. DELANEY IN THE COURT OF APPEALS FOR MORROW COUNTY, OHIO

FIFTH APPELLATE DISTRICT

IN RE: J.B. : A Minor Child : : : : : JUDGMENT ENTRY : : : : CASE NO. 2011-CA-0002

For the reasons stated in our accompanying Memorandum-Opinion, the judgment of

the Court of Common Pleas, Juvenile Division, of Morrow County, Ohio, is vacated.

Costs to appellee.

_________________________________ HON. W. SCOTT GWIN _________________________________ HON. WILLIAM B. HOFFMAN

_________________________________ HON. PATRICIA A. DELANEY