In re L.N.


[Cite as In re L.N., 2018-Ohio-3982.] IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT WOOD COUNTY In re L.N. Court of Appeals No. WD-16-043 Trial Court No. 2014JA0881 DECISION AND JUDGMENT Decided: September 28, 2018 ***** Timothy Young, Ohio Public Defender, and Victoria Bader, Assistant State Public Defender, for appellant. Paul A. Dobson, Wood County Prosecuting Attorney, and Charles Bergman, Chief Assistant Prosecuting Attorney, and David Harold, Assistant Prosecuting Attorney, for appellee. ***** OSOWIK, J. {¶ 1} In this re-opened appeal, the appellant, “L.N.,” challenges a judgment by the Wood County Court of Common Pleas, Juvenile Division, that classified him as a juvenile sex offense registrant. For the reasons set forth below, we reverse and vacate the decision of the lower court. Facts and Procedural History {¶ 2} On September 19, 2014, a complaint was filed with the Wood County Juvenile Court, alleging that L.N., then 15 years old, had unlawful sexual contact with his four-year-old sister. On October 29, 2014, the court adjudicated L.N. delinquent to the offense of gross sexual imposition, in violation of R.C. 2907.05(A)(4), a third-degree felony delinquency. (Hereinafter “the 2014 GSI case.”) The court then proceeded to the dispositional phase and ordered that L.N. be committed to the legal custody of the Ohio Department of Youth Services (“DYS”) for institutionalization in a secure facility for a minimum of six months and for a maximum period not to extend beyond L.N.’s 21st birthday. The court immediately suspended its commitment order, on the condition that L.N. complete treatment at the Juvenile Residential Center of Northwest Ohio (“JRC”). It deferred the matter of whether to classify L.N. as a juvenile offender registrant “upon [L.N.’s] release from [JRC].” {¶ 3} On April 7, 2015, while still receiving treatment at JRC, L.N. was charged in a separate case of gross sexual imposition. (Hereinafter “the 2015 GSI case”). That case alleged misconduct that occurred when L.N. was 13 years old and involved a different victim than the 2014 GSI case. {¶ 4} On June 18, 2015, the juvenile court held a hearing on several matters: the 2014 and 2015 GSI cases and two other complaints in delinquency that alleged probation 2. violations by L.N. (assault and property damage) that occurred while L.N. was placed at JRC. With respect to the instant case, i.e., the 2014 GSI case, the court ordered, Probation is terminated. The previous order of placement at the Juvenile Residential Center of Northwest Ohio is termianted [sic]. The court shall be notified prior to [L.N.’s] release from DYS in order for a sexual classification hearing to be held (in this case). (Judgment Entry, June 23, 2015). {¶ 5} According to the June 18, 2015 hearing transcript, the court also expressed its intention to order, by separate entry, L.N. committed to DYS in the 2015 GSI case for a minimum period of 6 months to L.N.’s 21st birthday. In other words, the court terminated L.N.’s probation and placement in the instant case (the 2014 GSI case) and ordered ...

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