In re J.M.

1996 SD 42, 546 N.W.2d 383, 1996 S.D. LEXIS 47
CourtSouth Dakota Supreme Court
DecidedApril 24, 1996
DocketNo. 19312
StatusPublished
Cited by3 cases

This text of 1996 SD 42 (In re J.M.) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re J.M., 1996 SD 42, 546 N.W.2d 383, 1996 S.D. LEXIS 47 (S.D. 1996).

Opinion

MILLER, Chief Justice.

[¶ 1] J.M., a minor child, appeals the trial court’s order terminating the jurisdiction of the juvenile court and returning custody of him to his mother. We affirm.

FACTS

[¶ 2] J.M. was born on November 2, 1979. He has an older brother and two younger sisters who reside with his mother and stepfather. In May 1990 at the age of ten, J.M. was adjudicated a delinquent child after cashing a forged check. Upon satisfactory completion of the terms and conditions of probation in July 1991, J.M. was discharged from probation and the juvenile court’s jurisdiction was formally terminated.

[¶ 3] In October 1991 when J.M. was eleven years old, he was again adjudicated a delinquent child, having committed the offense of intentional damage to property in the second degree. Custody of J.M. was temporarily transferred from his mother and stepfather to his grandmother and step-grandfather (grandparents) pending the completion of a predispositional case study. On November 6, 1991, the juvenile court placed J.M. on probation for an indefinite period of time. One of the terms of his probation was that “during the entire period of said probation [J.M.] shall demean himself as a law-abiding citizen and shall not commit any Federal, State or local crime.” The court also placed guardianship and custody of J.M. in his grandparents, while granting liberal visitation to J.M.’s mother and stepfather. The court concluded its order by stating: “It is the goal, in this Juvenile proceeding, to reunite this family as a functional family unit on or about June 1,1992[.]”

[¶ 4] On June 10, 1992, following a review hearing, the trial court ordered continued [385]*385probation and continued guardianship and custody of J.M. with the grandparents. The court reiterated its goal of reuniting J.M. •with his mother and stepfather.

[¶ 5] Following another review hearing in October 1992 the court continued J.M.’s probation but returned custody of J.M. to his mother and stepfather. In May 1993 the court again continued J.M.’s probation but transferred guardianship and custody of J.M. back to the grandparents. J.M.’s mother received visitation rights. In September 1993 and June 1994 the court continued J.M.’s probation and custody with the grandparents, while increasing visitation with his mother.

[¶ 6] On December 5, 1994, the trial court entered an order discharging J.M. from probation and terminating the jurisdiction of the juvenile court. The court’s order indicated that J.M. had satisfactorily complied with the terms and conditions of probation. The court subsequently amended the order, discharging J.M. from supervised probation but continuing the jurisdiction of the juvenile court. The court granted J.M.’s motion for a home study investigation of his mother’s home and the home of the grandparents. After a hearing on February 21, 1995, the court continued its jurisdiction over the case on the same terms and conditions as previously ordered. The court set a review hearing for June 13, 1995. Following this hearing, the trial court entered an order on June 25,1995, which read in pertinent part:

[T]he court having received evidence that the above named child has satisfactorily complied with the ternas and conditions of probation;
IT IS THEREFORE ORDERED that the said child is to be returned immediately to the custody of his mother, [E.L.], and that the said child be and hereby is discharged from probation and any further proceedings herein and that the jurisdiction of the Juvenile Court is hereby terminated.

J.M. was fifteen years old at the time the court entered this order.

[¶ 7] It is undisputed the trial court did not enter any findings of fact or conclusions of law concerning its June 25, 1995, decision and order. J.M. appeals, claiming the absence of findings and conclusions is reversible error. He also contends the trial court’s decision returning him to the custody of his mother was contrary to his best interests.

ISSUE 1.

[¶ 8] Did the trial court err in failing to file findings of fact and conclusions of law when it issued its June 1995 order discharging J.M. from probation, returning him to the custody of his mother, and terminating the jurisdiction of the court?

[¶ 9] As in most cases dealing with children, proceedings in juvenile delinquency cases are bifurcated into the adjudicatory and dispositional phases. See In re P.L.H., 86 S.D. 564, 567, 199 N.W.2d 587, 589 (1972). During the adjudicatory phase, the court must determine if the delinquency allegations of the petition are admitted or, if contested, if they are supported by evidence beyond a reasonable doubt. SDCL 26-7A-1(2), 26-7A-55 and 26-7A-82. If so, the court makes an order adjudicating the child as delinquent. SDCL 26-7A-87. After issuing the order of adjudication, the court conducts one or more hearings to determine the proper disposition of the child. SDCL 26-7A-90. The court’s decree of disposition must employ the least restrictive alternative available in keeping with the best interests of the child, with due regard to the rights and interests of the child’s parents, guardian, custodian, other parties respondent, the public and the state. SDCL 26-8C-7; 26-7A-90.

[¶10] SDCL 26-8C-7 and 26-8B-6 set forth the .alternatives which the court may consider in making an appropriate disposition. These statutes require that a decree of disposition contain one or more of the following alternatives: (1) probation or protective supervision by a parent, guardian, custodian, relative or other suitable person; (2) imposition of a fine; (3) assignment to a supervised work program; (4) foster care; (5) treatment in a group home or group care center; (6) examination and treatment at the human services center; (7) placement in the state training school or other juvenile facility; (8) placement in a detention facility for no more than [386]*386ninety days; (9) placement in an alternative educational program; (10) suspension, revocation or restriction of driving privileges; (11) transfer of custody to a child placement agency or other suitable person for placement; or (12) payment by the child for damage done to property. SDCL 26-8B-6 and 26-8C-7. Under our law, “[o]n completion of the final dispositional hearing the court shall issue findings of fact, conclusions of law and a final decree of disposition.” SDCL 26-7A-90.

[¶ 11] J.M. argues the trial court failed to enter findings of fact and conclusions of law, as required by SDCL 26-7A-90, when it entered the June 1995 order terminating its jurisdiction and returning J.M. to his mother’s custody.

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Bluebook (online)
1996 SD 42, 546 N.W.2d 383, 1996 S.D. LEXIS 47, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jm-sd-1996.