In re the Welfare of I.N.A.

902 N.W.2d 635
CourtCourt of Appeals of Minnesota
DecidedSeptember 5, 2017
DocketA17-0053
StatusPublished
Cited by2 cases

This text of 902 N.W.2d 635 (In re the Welfare of I.N.A.) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re the Welfare of I.N.A., 902 N.W.2d 635 (Mich. Ct. App. 2017).

Opinion

OPINION

CLEARY, Chief Judge

On appeal from the district court’s restitution order modifying disposition, appellant I.N.A. argues that the district court erred in ordering $12,529.90 in restitution because it (1) lacked the statutory authority to impose a restitution obligation as part of a continuance without adjudication in a juvenile-delinquency proceeding, (2) failed to make sufficient written findings under Minnesota Rule of Juvenile Delinquency Procedure 15.05, (3) failed, to consider I.N.A.’s ability to pay, and (4) failed [638]*638to differentiate between the damage caused by I.N.A. and a co-respondent.

We affirm in part because the district court possessed the statutory authority to order restitution as part of a continuance without adjudication in a juvenile-delinquency proceeding. We reverse in part and remand because (1) the district court did not make sufficient written findings pursuant to Minn. R. Juv. Delinq, P. 15.05, and (2) consequently the monthly amount of restitution ordered is not clear and we cannot determine whether the district court fully considered I.N.A.’s ability to pay such a monthly amount. We also remand for the district court to determine whether I.N.A. can be held liable for the entire damage without differentiating between the damage caused by I.N.A. and a co-respondent, whose case was dismissed.

FACTS

On May 5, 2015, 14-year-old I.N.A. was charged with first-degree criminal damage to property and trespassing for vandalizing property in a public park in Hopkins. After a local resident called police due to noise at the park, law enforcement found I.N.A. and B.D.B. near the park. I.N.A. told law enforcement that he and B.D.B. had been hitting the doors of several buildings and that they used a crowbar and small axe to cause damage to several buildings. B.D.B. said that I.N.A. and an unknown third person found an axe and crowbar sitting next to one of the park sheds and that the three gained entry into park buildings and equipment sheds. B.D.B. also stated that the group damaged doors and an electrical box.

Law enforcement assessed the damage at the park and noted damage to all three equipment sheds. Officers noted that the damage and holes in a door were consistent with an axe. Additionally, the officers noticed that door handles, two electrical boxes on the side of an equipment shed, and two speakers on the side of another shed were damaged. The damage totaled $12,529.90.

On February 22, 2016, the district court ordered a psychological competency evaluation for I.N.A. That same day, B.D.B. was found incompetent to proceed and the petition filed against him was dismissed.

The psychological evaluator found that I.N.A. met the criteria to be considered a child 'With “severe emotional disturbance” as defined in the Minnesota Comprehensive Children’s Mental Health Act but opined that I.N.A. was competent to proceed because he demonstrated an adequate factual and rational understanding of general legal proceedings and his own case.

On May 18, 2016, the district court found I.N.A. competent to proceed. That day I.N.A. pleaded guilty to count 1, criminal damage to property, with the understanding that count 2, trespassing, would be dismissed. The parties were free to argue whether the court should adjudicate I.N.A. as a juvenile delinquent. The district court continued the case without adjudication for two periods of 180 days conditioned on, among other things, I.N.A.’s adherence to supervised probation and on paying restitution in the amount of $12,529.90.

In June 2016, I.N.A. moved for a contested restitution hearing, which was held in December 2016. At the hearing, an officer from Hennepin County juvenile probation and the park superintendent from the City of Hopkins testified as to how the $12,529.90 in damage was calculated. I.N.A.’s mother, E.A., also testified at the hearing regarding I.N.A.’s ability to pay restitution. She testified that paying the $12,529.90 would be a financial hardship on her family. She stated that I.N.A. has ADHD, is dyslexic, missed developmental [639]*639milestones in early childhood, received special education in school, and has very reactionary behavior. She feared that I.N.A.’s disabilities would prevent him from finding a job. She stated that her family could “maybe” afford to pay $50 per month in restitution.

On December 19,2016, the district court ordered I.N.A. to pay restitution in the full amount. The district court found the state’s witnesses credible and found that the bills for repairs were reasonable and attributable to I.N.A.’s actions. The district court found that I.N.A. had the ability to pay smaller (not “small”) monthly installments by finding a part-time job.

I.N.A. now appeals the district court’s restitution order modifying disposition. Pending this appeal, the district court stayed its order, tolling the timeframe for the continuance without adjudication.

ISSUES

I. Does a district court have the statutory authority to order restitution as part of a continuance without a finding of delinquency in a juvenile-delinquency case?

II. Did the district court err by failing to make explicit written findings in its orders pursuant to Minnesota Rule of Juvenile Delinquency Procedure 15.05?

III. Did the district court err by failing to consider I.N.A.’s ability to pay the restitution obligation of $12,529.90 in smaller monthly installments?

IV. Did the district court err in ordering I.N.A. responsible for the full amount of damage without differentiating between the damage caused by I.N.A. and B.D.B.?

ANALYSIS

I. Statutory Authority, to Impose Restitution as Part of a Stay of Adjudication

I.N.A. first challenges the restitution order by arguing that the district court lacked the statutory authority to order restitution as part of a continuance without adjudication.

As a threshold matter, we must determine whether this issue is reviewable because I.N.A. did not raise it before the district court. Ordinarily, appellate courts “will not decide issues which were not raised before the district court.” Roby v. State, 547 N.W.2d 354, 357 (Minn. 1996). This rule, however, is not ironclad. Putz v. Putz, 645 N.W.2d 343, 350 (Minn. 2002). Appellate courts may “take any other action as the interest of justice may require.” Minn. R. Civ. App. P. 103.04. One “well-established” exception to the general rule is that an appellate court may base its decision upon a theory not presented to the district court when “the question raised for the first time on appeal is plainly decisive of the entire controversy on its merits,” and when “there is no possible advantage or disadvantage to either party in not having had a prior ruling by the trial court on the question,” such as a case with undisputed facts. Watson v. United Servs. Auto. Ass’n, 566 N.W.2d 683, 687 (Minn. 1997) (quotation omitted); see State v. Kier, 678 N.W.2d 672, 675-76 (Minn. App. 2004) (applying the factors in Watson to a criminal case), review denied (Minn. June 15, 2004).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In the Matter of the Welfare of: S.D.B., Child
Court of Appeals of Minnesota, 2026
State v. Sailors
29 Neb. Ct. App. 881 (Nebraska Court of Appeals, 2021)

Cite This Page — Counsel Stack

Bluebook (online)
902 N.W.2d 635, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-welfare-of-ina-minnctapp-2017.