This case explored the issue of a relative preference in the placement of children who are not reunified with one or both of their parents. Briefly, the DHHR filed an abuse and neglect petition against the biological parents due to issues involving domestic violence and illicit drug use. The parents did not attempt to work […] Continue reading
Senate Bill 632 regarding safety and security measures in schools, specifically video cameras in special needs classrooms Passed March 9, 2019 Takes effect on July 1, 2019 The bill provides for a video camera with the capacity to record both audio and video to be placed in each special needs, self-contained classroom in all public […] Continue reading
After nearly two years of hard work, a compact practice manual on defending youth in delinquency proceedings is now available. This manual is designed to be a portable reference and a starting point for working these types of cases. This manual includes law, procedure and strategic tips as well as relevant social science information. It […] Continue reading
In re: K.M., 2017 WL 2229977 (Filed May 22, 2017)(unpublished opinion) Standard of Review: Abuse of Discretion The Court held K.M.’s placement at an out-of-state facility was legally justified by the lower court and supported by sufficient findings of fact. The lower court adjudicated K.M. delinquent for incest. At the disposition hearing, the lower court […] Continue reading
Issue: Whether juvenile sex offenders must register on the Sex Offender Registry State v. J.E., 238 W.Va. 543, 796 S.E.2d 880 (2017) Two youths were adjudicated delinquent for having committed illegal acts which would be the equivalent of adult sex offenses. In each case, the question of whether the child needed to register as a […] Continue reading
Decided June 12, 2017 The Court explained each state has the right to its own sentencing schema. The Court also explained the sentencing schema must provide juvenile defendants tried as adults and convicted of non-homicide crimes a meaningful opportunity to obtain release. The Court examined Virginia’s sentencing schema and concluded its geriatric release program satisfies […] Continue reading