Wilson v. West

709 S.W.2d 468, 66 A.L.R. 4th 977, 1986 Ky. App. LEXIS 1129
CourtCourt of Appeals of Kentucky
DecidedMay 9, 1986
StatusPublished
Cited by3 cases

This text of 709 S.W.2d 468 (Wilson v. West) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wilson v. West, 709 S.W.2d 468, 66 A.L.R. 4th 977, 1986 Ky. App. LEXIS 1129 (Ky. Ct. App. 1986).

Opinion

CLAYTON, Judge.

This is an appeal from an order of the Kenton Circuit Court, which denied the appellant’s petition for a Writ of Prohibition.

In 1982, James Willman, the son of the appellant Elaine Wilson, was brought before the Juvenile Session of the Kenton District Court (Juvenile Court) as a result of his involvement in a series of burglaries. James, then age 16, was first ordered committed to the Cabinet for Human Resources (CHR) for placement in a delinquent treatment center. Elaine Wilson requested the court to reconsider its order, and proposed several alternatives to commitment, including a suggestion that restitution might be made to the victims of the burglaries.

Wilson and her counsel then entered into discussions with the court, and the court ultimately agreed to place James on probation within the community, provided that full restitution be made. An order was accordingly issued, in which James and his mother, Elaine Wilson, were held jointly liable for restitution, payable to the court.

Restitution was apparently never made, and an order was issued for Elaine Wilson to appear and show cause why she should not be held in contempt. Wilson then brought a petition in Kenton Circuit Court for a Writ of Prohibition preventing the Juvenile court from enforcing its order. The petition was granted, and a Writ of Prohibition was issued.

The Juvenile Court then issued an amended order, in which it justified holding Wilson jointly liable for restitution on the basis of an estoppel theory. Elaine Wilson had promised that restitution would be made, and the court had relied upon that promise in making its decision to place James on probation, rather than commit [470]*470him to CHR for placement in confinement. The court having relied, to its detriment, on Wilson’s assurances, Wilson was now es-topped to deny her obligation to perform her part of the bargain. Wilson once more sought a Writ of Prohibition to prevent enforcement of this amended order. The petition was denied, and Wilson brought this appeal.

Wilson contends that she was not a party to the delinquency proceeding against her son and that the Juvenile Court was therefore not empowered to order that she be held jointly responsible for making restitution to the victims of her son’s burglaries. She further argues that as she was never served with summons or otherwise formally charged, she was not subject to the jurisdiction of the Juvenile Session of the District Court. We agree and reverse the circuit court.

The jurisdiction of the Juvenile Session of the District Court is statutory. KRS 208.020 states in pertinent part:

(1) The juvenile session of the district court of each county shall have exclusive jurisdiction in proceedings concerning any child living, or found within the county who has not reached his eighteenth birthday or of any person who at the time of committing a public offense was under the age of eighteen (18) years:
(a) Who has committed a public of-' fense ...
(b) Who does not subject himself to the reasonable control of his parents, teacher, guardian or custodian, by reason of being wayward or habitually disobedient; or
(c) Who is an habitual truant from home or from school; or
(d) Who is found by the court to be dependent, neglected; or abused.
(3) The juvenile session of the district court of each county shall have exclusive jurisdiction of persons charged with violations of KRS 530.060 and 530.070.
(4) No person shall willfully and unnecessarily expose to the inclemency of the weather, or in any other manner willfully injure in health or limb any child actually or apparently under the age of sixteen (16) years. The juvenile session of the district court shall have exclusive jurisdiction of persons who violate this subsection.
(5)No person shall for gain or reward employ or cause to be employed, or exhibit, use, or have in his custody for the purpose of exhibiting, or employing, any child actually or apparently under the age of sixteen (16) years, nor shall any person having the care, custody, or control of such child, in any way procure, or consent for gain or reward, to the employment or exhibition of such child, either:
(a) In begging or receiving alms, or in any mendicant occupation;
(b) If the child is a female, in peddling or in any wandering occupation;
(c) In any indecent or immoral occupation or practice;
(d) In the exhibition of any such child when insane, or idiotic; or
(e) In any practice or exhibition of unusual danger to life, limb, health or morals of the child.
The juvenile session of district court shall have exclusive jurisdiction of persons who violate this subsection.

The statute clearly limits juvenile court jurisdiction over adults to those persons who are charged with violation of a particular statute. The court’s authority over any other adult is limited to enforcement of its orders concerning a child under its jurisdiction pursuant to KRS 208.020, or to ordering other acts consistent with the welfare of a child similarly under its jurisdiction. In a delinquency action, therefore, the court lacks direct jurisdiction over the parent of a child charged with a public offense. Any authority over the parent in such an action is ancillary to the court’s jurisdiction over the child.

Furthermore, aside from specific instances where an adult has been charged with violation of a statute, any liability under KRS 208.020 et seq. is the child’s [471]*471alone. Liability can never be shared by the parent or custodian. The parent is subject to the court’s authority only by virtue of the parent’s apparent authority over the delinquent child. Thus, while the court has wide discretion in what it may require of a child subject to its jurisdiction, its authority over the parent or custodian is limited to insuring that any decree or order concerning such child is carried out.

The Juvenile Court has the authority to place children convicted of a public offense on probation, under such conditions as the court may determine. KRS 208.-200(1). Such conditions must relate directly to the welfare and ultimate rehabilitation of the child, and are not to be punitive in nature. Id. Among the conditions permitted by statute is a requirement that the child shall make restitution.

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Cite This Page — Counsel Stack

Bluebook (online)
709 S.W.2d 468, 66 A.L.R. 4th 977, 1986 Ky. App. LEXIS 1129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-west-kyctapp-1986.