In re J.C.A. ( 2014 )

[Cite as In re J.C.A., 2014-Ohio-3879.]
IN THE COURT OF APPEALS
TWELFTH APPELLATE DISTRICT OF OHIO
BUTLER COUNTY
IN THE MATTER OF: :
CASE NO. CA2013-10-188
J.C.A. :
OPINION
: 9/8/2014
:
:
APPEAL FROM BUTLER COUNTY COURT OF COMMON PLEAS
JUVENILE DIVISION
Case No. JV2013-0231
Adolf Olivas, 215 East Ninth Street, Suite 500, Cincinnati, Ohio 45202, Guardian Ad Litem
John D. Treleven, 810 Sycamore Street, 2nd Floor, Cincinnati, Ohio 45202, for appellant
Michael T. Gmoser, Butler County Prosecuting Attorney, Michael A. Oster, Jr., Government
Services Center, 315 High Street, 11th Floor, Hamilton, Ohio 45011, for appellee
Rocky Ball, 11 South Broadway Street, Suite 200, Lebanon, Ohio, 45036, for mother
Mike Newland, 30 North D Street, Hamilton, Ohio 45013, for father
S. POWELL, J.
{¶ 1} Appellant, J.C.A., appeals from his disposition in the Butler County Court of
Common Pleas, Juvenile Division (Butler County Juvenile Court), after he was adjudicated a
delinquent child following his plea to one count of gross sexual imposition in the Belmont
Butler CA2013-10-188
County Common Pleas Court, Juvenile Division (Belmont County Juvenile Court). For the
reasons outlined below, we reverse and remand this matter to the Butler County Juvenile
Court for further proceedings.
{¶ 2} On February 5, 2013, J.C.A., who was 17 years old at the time, entered a plea
in the Belmont County Juvenile Court admitting to one count of gross sexual imposition in
violation of R.C. 2907.05(A)(1), a fourth-degree felony if committed by an adult. After
accepting his plea, the Belmont County Juvenile Court transferred the matter to the Butler
County Juvenile Court for disposition pursuant to Juv.R. 11(A). The Butler County Juvenile
Court then held a dispositional hearing on October 9, 2013, wherein the court committed
J.C.A. to the Ohio Department of Youth Services for a minimum period of six months. J.C.A.
now appeals, raising one assignment of error for review.
{¶ 3} THE TRIAL COURT ERRED TO THE PREJUDICE OF J.C.A. BY
IMPROPERLY PROCEEDING WITH DISPOSITION AS QUESTIONS CONCERNING
COMPETENCY DURING BOTH ADJUDICATION AND DISPOSITION WERE NOT
PROPERLY ADDRESSED BY THE TRIAL COURT.
{¶ 4} In his single assignment of error, J.C.A. argues his adjudication and disposition
must be reversed as there were serious questions regarding his competency that were not
properly addressed prior to his adjudication and dispositional hearings. In response, and
without any reference to the allegations contained in J.C.A.'s brief, the state concedes error
alleging the Belmont County Juvenile Court did not adhere to the requirements of Juv.R.
29(D) before accepting J.C.A.'s plea. After reviewing the record submitted in this matter, we
agree with the state.
{¶ 5} "The juvenile rules are clear that it is the responsibility of the court to directly
engage the accused and conduct the necessary inquiry before accepting or rejecting the
plea." In re B.B., 7th Dist. Belmont No. 12 BE 18, 2013-Ohio-1958, ¶ 11. To that end, Juv.R.
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29(D) provides:
The court may refuse to accept an admission and shall not
accept an admission without addressing the party personally and
determining both of the following:
(1) The party is making the admission voluntarily with
understanding of the nature of the allegations and the
consequences of the admission;
(2) The party understands that by entering an admission the
party is waiving the right to challenge the witnesses and
evidence against the party, to remain silent, and to introduce
evidence at the adjudicatory hearing.
In other words, Juv.R. 29(D) mandates that before an admission can be accepted:
the juvenile court judge must be satisfied that the admission is
voluntarily made with the understanding of the nature of the
allegations and the consequences of the admission and that by
entering the admission, the juvenile is waiving the rights to
confront witnesses and challenge evidence, to remain silent, and
to introduce his own evidence.
In re C.S., 115 Ohio St. 3d 267, 2007-Ohio-4919, ¶ 111.
{¶ 6} "The best method for the trial court to comply with Juv.R. 29(D) is to use the
language of the rule itself," stopping "after each right and [ask] whether the child understands
the right and knows that he is waiving it by entering an admission." In re Graham, 147 Ohio
App.3d 452, 2002-Ohio-2407, ¶ 11 (7th Dist.). In this case, however, the record clearly
indicates the Belmont County Juvenile Court failed to advise J.C.A. about the consequences
of his plea as required by Juv.R. 29(D)(1). The record also indicates the Belmont County
Juvenile Court failed to inform J.C.A. that by entering an admission to the charge, he was
waving: (1) his right to confront witnesses and challenge the evidence against him; (2) his
right to remain silent, as well as; (3) his right to introduce his own evidence at the
adjudicatory hearing as required by Juv.R. 29(D)(2). The absence of the necessary inquiry
under Juv.R. 29(D) is fatal and requires the Belmont County Juvenile Court's decision
accepting J.C.A.'s plea be reversed.
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{¶ 7} The state requests this case be remanded to the Belmont County Juvenile
Court to conduct a new adjudication hearing, thereby effectively vacating the transfer to the
Butler County Juvenile Court under Juv.R. 11(A). However, as this court has stated
previously, the issue of transfer under Juv.R. 11(A) is one of venue or convenient forum, not
jurisdiction. In re Stacy, 12th Dist. Butler No. CA83-06-073, 1983 WL 6315, *3 (Nov. 7,
1983). Moreover, as Juv.R. 11(A) explicitly states, once transferred, "[t]he court of the child's
residence shall then proceed as if the original complaint had been filed in that court."
{¶ 8} In light of the foregoing, we conclude the Butler County Juvenile Court has
jurisdiction and authority to conduct a new adjudication hearing in compliance with Juv.R.
29(D). See, e.g., In re Austin L., 5th Dist. Licking No. 2009-CA-00101, 2010-Ohio-272, ¶ 9
(finding Licking County Juvenile Court had jurisdiction to correct the errors in the adjudicatory
phase in compliance with Juv.R. 29(D) after the matter was transferred from Hocking County
Juvenile Court under Juv.R. 11(A)). The Butler County Juvenile Court, however, is not
required to do so. Rather, pursuant to Juv.R. 11(C), where either the "transferring or
receiving court" finds in the interests of justice and convenience to the parties so require, "the
adjudicatory hearing shall be held in the county wherein the complaint was filed."
{¶ 9} Therefore, J.C.A.'s single assignment of error is sustained, the judgment of the
Belmont County Juvenile Court is reversed, and this matter is remanded to the Butler County
Juvenile Court to either: (1) conduct new adjudicatory and dispositional hearings as
necessary, or (2), transfer the matter back to the Belmont County Juvenile Court for
adjudication pursuant to Juv.R. 11(C). Regardless of which procedure the Butler County
Juvenile Court elects, we hold that J.C.A. shall not be precluded from raising any argument in
regards to his competency that was not otherwise addressed herein.
{¶ 10} Judgment reversed and remanded.
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HENDRICKSON, P.J., and M. POWELL, J., concur.
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