In Re the Welfare of J.S.S.

610 N.W.2d 364, 2000 Minn. App. LEXIS 474, 2000 WL 622379
CourtCourt of Appeals of Minnesota
DecidedMay 16, 2000
DocketCX-99-1590
StatusPublished
Cited by4 cases

This text of 610 N.W.2d 364 (In Re the Welfare of J.S.S.) 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 J.S.S., 610 N.W.2d 364, 2000 Minn. App. LEXIS 474, 2000 WL 622379 (Mich. Ct. App. 2000).

Opinion

OPINION

SHUMAKER, Judge. ■

Fourteen-year-old appellant' J.S.S. was adjudicated delinquent on charges of criminal damage to property and disorderly conduct. The trial court ordered J.S.S. to complete an out-of-home, long-term residential treatment program at Sheriffs Youth Ranch in Austin, Minnesota.' Because the court failed to make sufficient written findings of fact to support this placement .under Minn.Stat. § 260.185, subd. 1 (1998), and Minn. R. Juv. P. 15.05, subd. 2(A), we reverse.

*366 FACTS ■

Appellant J.S.S. removed and damaged several plaques, worth approximately $70, from benches in Shetek State Park in Murray County, Minnesota. In another incident, J.S.S. also slapped a vulnerable adult on the back. ■

J.S.S. was charged by separate petitions in Murray County Juvenile Court with one count of criminal damage to property and one count of disorderly conduct, which had been amended from fifth-degree assault. The court adjudged J.S.S. delinquent on both charges and ordered his placement in a long-term residential treatment program at Sheriffs Youth Ranch in Austin, Minnesota.

At the dispositional hearing, the court stated:

[T]he child has been before the Court on a number of occasions, including offenses of Theft in ’96, offenses of Theft in ’98, Truancy in ’98, Disorderly Conduct in ’98. The Court would note that the child was placed at short term placement at Lafayette House and Prairie Lakes Detention Center. * * ⅜ That the child has been before the Court in regard to violations of probation. That in view of the fact that the Court has placed the child out of the home before and the child has continued to re-offend upon return to his home, the Court feels it is now in the best interest of the child and society that he be placed out of home.

In its written findings of fact, the court noted J.S.S.’s previous offenses of theft, truancy, and disorderly conduct; J.S.S.’s prior appearances before the court for probation violations; the failure of prior short-term, out-of-home placements; ' his propensity to re-offend upon his return home; his poor school record; and the need for additional out-of-home placement. The court also stated that “the best interests of the Child and society shall be served by an out-of-home placement at this time.”

ISSUE

Did the court make adequate findings to support its dispositional out-of-home placement for child?

ANALYSIS

“Trial courts have broad discretion to order dispositions authorized by statute in delinquency cases.” In re Welfare of M.AC., 455 N.W.2d 494, 498 (Minn. App.1990). The trial court’s broad discretion in delinquency dispositions will be affirmed “so long as the trial court determination is not arbitrary.” In re Welfare of L.K.W., 372 N.W.2d 392, 397 (Minn.App.1985).

A disposition must be “necessary to the rehabilitation of the child.” Minn.Stat. § 260.185, subd. 1 (1998). 1

Under the combined provisions of the juvenile code and Minn. R. Juv. P. 15.05, subd. 2(A), a juvenile court disposition that removes a child from [his] home must be supported by findings that address five subjects:
Why public safety is served by the disposition. Minn. R. Juv. P. 15.05, subd. 2(A)(1).
Why the best interests of the child are served by the disposition. Id.; Minn.Stat. § 260.185, subd. 1(f)(5)(a) (Supp.1997)
What alternative dispositions were proposed to the court and why such recommendations were not ordered. Minn. R. Juv. P. 15.05, subd. 2(A)(2); *367 Minn.Stat. § 260.185, subd. l(i)(5)(b) (Supp.1997):
Why the child’s present custody is unacceptable. Minn. R. Juv. P. 15.05, subd. 2(A)(3)(a) (“the reasons why public safety and the best interest of the child are not served by preserving the child’s present custody”); see In re Welfare of L.K.W., 372 N.W.2d 392, 399-400 (Minn.App.1985) (reviewing preference under Minnesota law against removal of child from present custody).
How the correctional placement meets the child’s needs. Minn. R. Juv. P. 15.05, subd. 2(A)(3)(b) (“suitability of the placement, taking into account the program of the placement facility and assessment of the child’s actual needs”).
In re Welfare of C.A.W. and L.R.M.B., 579 N.W.2d 494, 497-98 (Minn.App.1998).

1. Public Safety

In determining an out-of-home disposition for a child, the court must take into account the effect the disposition will have on public- safety. Minn.. R. Juv. P. 15.05, subd. 2(B)(1)(a). Here, the court considered J.S.S.’s prior offenses of truancy and disorderly conduct, and his tendency to re-offend after completing out-of-home placement, before ordering out-of-home placement. The trial court made sufficient findings as to why public safety would be served by the disposition.

2. Best Interests of the Child

The best interests of a child are usually served by parental custody. In re Welfare of J.A.J., 545 N.W.2d 412, 426 (Minn.App.1996) (quotation and citation omitted). When out-of-home placement is considered, the placement should be suitable to the child’s needs. Minn. R. Juv. P. 15.05, subd. 2(B)(3). A bare conclusion that the best interests of a child require a particular disposition is insufficient. Id. at 415. Here, the court stated that the “best interests of the Child * * * shall be served by an out-of-home placement at this time,” and that the child “has continued to re-offend upon returning to his home [from previous out-of-home placement].” A finding. of “best interests” with minimal elaboration is inadequate. In re Welfare of M.R.S., 400 N.W.2d 147, 151 (Minn.App.1987). The court did not explain how JN.S.’s best interests would be served by an. out-of-home placement, nor did it identify any interests of the child that would be' served by placement at Sheriffs Youth Ranch in particular. Accordingly, the record is insufficient to support the finding that out-of-home placement was in J.S.S.’s best interests.

3. Alternative Dispositions

Each trial court disposition rests in part on a finding that [an out-of-home] placement will serve better than a “regular daytime community service program” in impressing upon the children the ■ seriousness of their conduct, giving the child insight into the causes and nature of [his] behavior, and identifying needs for further intervention.

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

Related

In re Amber S.
238 P.3d 632 (Court of Appeals of Arizona, 2010)
In Re the Welfare of R. V.
702 N.W.2d 294 (Court of Appeals of Minnesota, 2005)
In Re the Welfare of D.T.P.
685 N.W.2d 709 (Court of Appeals of Minnesota, 2004)
In Re the Welfare of N.T.K.
619 N.W.2d 209 (Court of Appeals of Minnesota, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
610 N.W.2d 364, 2000 Minn. App. LEXIS 474, 2000 WL 622379, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-welfare-of-jss-minnctapp-2000.