State ex rel. C.O'C.

769 So. 2d 583, 99 La.App. 5 Cir. 1018, 2000 La. App. LEXIS 855, 2000 WL 374631
Louisiana Court of Appeal·Decided April 12, 2000·No. No. 99-CA-1018·Published·Cited by 3 cases

Opinion

GRISBAUM, Chief Judge.

C.O’C.1 is a minor who admitted committing the offense “FINS: Truancy/ Violates School Rules.” The juvenile court placed him on probation until his seventeenth (17 th) birthday with several conditions. The juvenile’s mother appeals this judgment. We affirm.

ASSIGNMENTS OF ERROR

The appellant assigns as error the following, to-wit:

1. The trial Judge [sic] was clearly in error as a matter of law in accepting an admission from the minor child without advising the child of his rights or the consequences ofj^such a stipulation, and [585] by not insuring that the child knowingly and voluntarily consents to the judgment.
2. The trial Judge [sic] was clearly in error as a matter of law in allowing the district attorney to amend the petition to ‘truant’ when the petition on its face did not allege any truancy or school violations.
3. The court was clearly in error by setting the date of the motion hearing to allow appellant’s attorney to view the court record on the same date and time of the disposition hearing.
4. The trial court was clearly in error by not properly weighing evidence that the reporting psychologist had not actually evaluated the child and that the report was not accurate.
5. The trial court was clearly in error by shifting the burden of proof to disprove the facts in the evaluations from the petitioner to the parents and child.
6. The court was clearly in error by not properly serving the parties with neither the petition nor the amended petition.
7. The court abused its discretion by placing (sentencing) the child on probation for over 3 years.

Appellant’s original brief at pp. 6-7.

FACTS AND PROCEDURAL HISTORY

On May 4, 1999, the juvenile’s father contacted the Jefferson Parish Sheriffs Office complaining that his son was cursing and being disrespectful. Deputy C.A. Callahan arrived on the scene and ordered the juvenile to apologize to his father. The juvenile refused and after a brief scuffle was arrested for resisting an officer. Deputy Callahan brought the juvenile to the Jefferson Parish Correctional Center, where he was photographed and fingerprinted. Deputy Callahan then transported the juvenile to Rivarde.

On May 6, 1999, the Jefferson Parish District Attorney’s Office filed a petition in juvenile court charging C.O’C. with resisting an officer. La. R.S. 14:108. Also, on May 6, 1999, a hearing was held at which the State indicated |3that it intended to dismiss the resisting an officer petition and file a Families in Need of Services petition (FINS) against C.O’C. alleging that he was ungovernable because of his conduct in and out of school. La. Ch. C. art. 730(1). The State recommended that he be released to his mother, that she bring him to Rivarde to be drug tested, and then to his aunt. The State further recommended that the boy stay with his aunt during the week and his mother on weekends.

At the beginning of the hearing, the State made an oral motion for a FINS adjudication and stated that it intended to file a formal petition. At the end of the hearing, the State moved to amend the resisting arrest petition to a FINS charge. The court accepted the amendment and found that the amendment eliminated the need to file a formal FINS petition. Denise Larson, the juvenile’s attorney, entered an admission for C.O’C. to the State’s FINS charge of truancy/ violation of school rules. The juvenile court judge accepted the admission and ordered that he reside with his aunt during the week and his mother on weekends until custody and visitation were reviewed. The judge also ordered a drug test and an evaluation, pending formal disposition. She asked C.O’C. if he understood everything, and he answered yes.

The disposition hearing on the FINS charge was held on July 8, 1999. The juvenile was represented by Max Chotto who informed C.O’C. and the court that he had a professional and social relationship with C.O’C.’s father. C.O’C. stated that he did not have a problem with Mr. Chotto representing him. Lisa Doyle, the probation officer, testified regarding recommendations made pursuant to the evaluation ordered on May 6, 1999. At the conclusion of the hearing, the juvenile was placed on active probation until his seventeenth (17 th ) birthday, and several conditions were [586] imposed. The court ordered that he reside in his father’s custody, that he and his parents, biological and step, attend family counseling, and that his parents attend parenting education.

\ ¿ASSIGNMENT OF ERROR ONE-LAW AND ANALYSIS

The juvenile’s mother, the appellant, first contends that C.O’C.’s admission should be vacated because he was not properly advised of his rights before he admitted to the offense of truancy/violation of school rules.

We first note that a delinquency proceeding and a FINS proceeding are two very distinct proceedings from which different consequences result. In a delinquency proceeding, a juvenile can be adjudicated guilty of a crime and sentenced accordingly. The juvenile is, thus, entitled to all those constitutional rights guaranteed to criminal defendants except the right to a jury trial. La. Ch. C. art. 808. Therefore, in a delinquency proceeding, due process requires that the juvenile court inform the juvenile of his right to an adjudication, his right to confront his accusers, his privilege against self-incrimination, and that by admitting the allegations against him, he is waiving these rights. State in Interest of D.S., 95-1019 (La.App. 5 th Cir. 4/16/96), 673 So.2d 1123, writ denied, 96-1237 (La.6/21/96), 675 So.2d 1086; State in Interest of Wilkerson, 542 So.2d 577 (La.App. 1 st Cir.1989); State in Interest of Lucas, 543 So.2d 634 (La.App. 1 st Cir.1989).

In a FINS proceeding, however, the juvenile’s family comes under the exclusive jurisdiction of the juvenile court to remedy the problems which cause the child to be self-destructive. The court has the authority to establish a family service plan which is binding on all family members and all appropriate service providers. La. Ch. C. art. 726. The family service plan requires the family members to participate in a plan of services which are intended to remedy the family’s dysfunction which is causing the juvenile to need court supervision. Id.

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State ex rel. C.O'C., 769 So. 2d 583, 99 La.App. 5 Cir. 1018, 2000 La. App. LEXIS 855, 2000 WL 374631 (La. Ct. App. 2000).

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