[Cite as In re J.B., 2011-Ohio-4530.]
COURT OF APPEALS
MORROW COUNTY, OHIO
FIFTH APPELLATE DISTRICT
IN RE: J.B.
A Minor Child
JUDGES:
: Hon. W. Scott Gwin, P.J.
: Hon. William B. Hoffman, J.
: Hon. Patricia A. Delaney, J.
:
:
: Case No. 2011-CA-0002
:
:
: OPINION
CHARACTER OF PROCEEDING: Civil appeal from the Morrow County Court
of Common Pleas, Juvenile Division, Case
No. 2010JD00181
JUDGMENT: Vacated
DATE OF JUDGMENT ENTRY: September 6, 2011
APPEARANCES:
For State of Ohio For J.B.
CHARLES HOWLAND AMANDA J. POWELL
Morrow County Prosecutor Assistant Public Defender
60 E. High Street 250 East Broad St., Ste. 1400
Mount Gilead, OH 43338 Columbus, OH 43215
Gwin, P.J.
{¶1} J.B., a minor child, appeals a judgment of the Court of Common Pleas,
Juvenile Division, of Morrow County, Ohio, which classified him as a Tier III Juvenile
Sex Offender registrant. Appellant assigns six errors to the trial court:
{¶2} “I. THE TRIAL COURT ERRED WHEN IT CLASSIFIED J.B. AS A
JUVENILE OFFENDER REGISTRANT BECAUSE IT DID NOT MAKE THAT
DETERMINATION UPON HIS RELEASE FROM A SECURE FACILITY, AS
REQUIRED BY R.C. 2152.83 (A)(1).
{¶3} “II. THE MORROW COUNTY JUVENILE COURT ABUSED ITS
DISCRETION WHEN IT FOUND THAT J.B.’S CLASSIFICATION AS A TIER III
JUVENILE SEX OFFENDER REGISTRANT WAS MANDATORY IN VIOLATION OF
R.C.2950.01.
{¶4} “III. THE TRIAL COURT ERRED WHEN IT ORDERED J.B. TO BE
SUBJECT TO COMMUNITY NOTIFICATION.
{¶5} “IV. THE JUVENILE COURT ERRED WHEN IT CLASSIFIED J.B. AS A
TIER III JUVENILE OFFENDER REGISTRANT BECAUSE THE APPLICATION OF
R.C. 2152.83 TO HIM VIOLATES HIS RIGHT TO EQUAL PROTECTION UNDER THE
LAW IN VIOLATION OF THE FOURTEENTH AMENDMENT TO THE UNITED STATES
CONSTITUTION, ARTICLE I, SECTION 2 OF THE OHIO CONSTITUTION.
{¶6} “V. THE MORROW COUNTY JUVENILE COURT ERRED WHEN IT
IMPROPERLY NOTIFIED J.B. THAT, AS A JUVENILE SEX OFFENDER
REGISTRANT, HE WAS PROHIBITED FROM LIVING WITHIN ONE THOUSAND
FEET FROM A SCHOOL, IN VIOLATION OF R.C. 2950.034(a).
{¶7} “VI. J.B. WAS DENIED THE EFFECTIVE ASSISTANCE OF COUNSEL AS
GUARANTEED BY THE SIXTH AND FOURTEENTH AMENDMENTS TO THE UNITED
STATES CONSTITUTION AND ARTICLE I, SECTION 16 OF THE OHIO
CONSTITUTION, WHEN DEFENSE COUNSEL FAILED TO FAMILIARIZE HERSELF
WITH OHIO’S JUVENILE OFFENDER CLASSIFICATION PROCEDURES.”
{¶8} In the disposition phase of J.B.’s case, the court committed him to the Ohio
Department of Youth Services for a minimum period of three years, maximum of his
twenty-first birthday. The trial court also found he was Tier III Juvenile Sex Offender
registrant.
{¶9} Appellant argues if a child is committed to the Department of Youth
Services, then pursuant to statute, the determination of his status as a sexual offender
must not be made until he is released. In Re: J.O., A Minor Child, Licking App. No. 09-
CA-0135, 2010-Ohio-4296; R.C. 2152.83 (A).
{¶10} The State concedes the trial court’s determination of whether J.B. should
be designated as a juvenile offender registrant subject to classification and registration
requirements was premature.
{¶11} The first assignment of error is sustained.
{¶12} Appellant’s other assignments of error are moot.
{¶13} For the foregoing reasons, the judgment of the Court of Common Pleas,
Juvenile Division, of Morrow County, Ohio, is vacated.
By Gwin, P.J.,
Hoffman, J., and
Delaney, J., concur
_________________________________
HON. W. SCOTT GWIN
_________________________________
HON. WILLIAM B. HOFFMAN
_________________________________
WSG:clw 0822 HON. PATRICIA A. DELANEY
IN THE COURT OF APPEALS FOR MORROW COUNTY, OHIO
FIFTH APPELLATE DISTRICT
IN RE: J.B. :
A Minor Child :
:
:
:
: JUDGMENT ENTRY
:
:
:
: CASE NO. 2011-CA-0002
For the reasons stated in our accompanying Memorandum-Opinion, the judgment of
the Court of Common Pleas, Juvenile Division, of Morrow County, Ohio, is vacated.
Costs to appellee.
_________________________________
HON. W. SCOTT GWIN
_________________________________
HON. WILLIAM B. HOFFMAN
_________________________________
HON. PATRICIA A. DELANEY