IN RE: E.B., A DELINQUENT CHILD. IN RE: E.B., A DELINQUENT CHILD. IN RE: E.B., A DELINQUENT CHILD.
from Putnam County Common Pleas Court Juvenile Division Trial
Court No. 20152131 Appeal Dismissed in Case No. 12-16-03
Judgments Affirmed in Case Nos. 12-16-07 and 12-16-08
E. Austen for Appellant.
Lillian R. Shun for Appellee.
This appeal arises out of three consolidated cases for the
purposes of briefing and oral argument on appeal: appellate
numbers 12-16-03, 12-16-07 and 12-16-08. Appellant, E.B., a
minor child, appeals the May 9, 2016 judgment of the Putnam
County Court of Common Pleas, Juvenile Division,
"lifting" its suspended commitment of E.B. to the
Ohio Department of Youth Services ("DYS") and
placing him there pending adjudication of a motion to revoke
his probation filed by the State of Ohio. E.B. also appeals
the July 28, 2016 judgment journalizing the disposition of
his admission to the probation revocation, which resulted in
him being placed in the Northwest Ohio Juvenile Residential
Center ("NOJRC"). E.B.'s third appeal relates
to the September 14, 2016 judgment journalizing the
disposition of his admission to allegations contained in a
second motion to revoke his probation, which resulted in him
being placed in the West Central Juvenile Rehabilitation
On October 23, 2015, a four-count complaint was filed
alleging that thirteen-year-old E.B. engaged in conduct that
would be considered (1) burglary in violation of R.C.
2911.12(A)(1) and (2), a felony of the second degree, if
committed by an adult; (2) vandalism in violation of R.C.
2909.05, a felony of the fifth degree, if committed by an
adult; (3) breaking and entering in violation of R.C.
2911.13(A), a felony of the fifth degree, if committed by an
adult; and (4) vandalism in violation of R.C. 2909.05, a
felony of the fifth degree, if committed by an adult.
On December 11, 2015, E.B. appeared before the trial court
with counsel and his mother. The State agreed to amend Count
One to the charge of burglary in violation of R.C.
2911.12(B), a fourth degree felony, if committed by an adult,
and to amend Count Three to the charge of breaking and
entering with purpose to commit vandalism in violation of
R.C. 2911.13(A), a felony of the fifth degree, if committed
by an adult. E.B. entered an admission to amended Counts One
and Three and Counts Two and Four as stated in the complaint.
The trial court accepted E.B.'s admissions and found him
delinquent. (Dec. 15, 2015 JE).
On January 29, 2016, E.B. appeared before the trial court
with his mother and counsel for a dispositional hearing on
his previously entered admissions. The trial court ordered
E.B. to be committed to the legal custody of the Ohio
Department of Youth Services ("DYS") on each count
for a minimum term of six months to age twenty-one. The trial
court ordered the four periods of DYS to run consecutively to
one another. The trial court suspended E.B.'s commitment
to DYS upon the condition, which was also a term of his
probation, that he be accepted and successfully complete the
program at the Northwest Ohio Juvenile Residential Center
On April 28, 2016, E.B.'s probation officer filed a
"Motion to Revoke Probation" based upon E.B.'s
failure to successfully complete the program at the NOJRC.
E.B.'s probation officer stated in the motion that E.B.
had been transferred to the Wood County Juvenile Detention
Center ("JDC") due to his ongoing disruptive
behavior, which presented safety and security issues, and his
unwillingness to maintain a basic level of compliance at the
NOJRC. Reports from the NOJRC detailing E.B.'s
misbehavior were filed with the trial court. These incidents
in the report included E.B. repeatedly defacing and
destroying NOJRC property, urinating out of his room vent,
inflicting self-harm with pencils and other objects, making
inappropriate sexual comments, threats, and showing overall
disrespect to other residents and the staff, and misuse of
the intercom in nonemergency circumstances. There were also
reports submitted to the trial court documenting E.B.'s
disruptive behavior and physical aggression toward the staff
at the JDC during the few days he spent there pending the
initial hearing on the motion to revoke his probation. Some
of the incidents required E.B. to be restrained and
handcuffed for the staffs and his own safety.
On May 3, 2016, E.B. appeared before the trial court on the
"Motion to Revoke Probation." E.B.'s counsel
indicated E.B.'s intent to enter a denial at the hearing
so that counsel could have an opportunity to read the reports
from the NOJRC. E.B.'s counsel also requested a mental
health evaluation on E.B. The State requested that E.B. be
detained pending the subsequent hearing on the probation
revocation. The trial court discussed E.B.'s disruptive
behavior at the JDC and expressed concern with returning E.B.
there in the interim due to the safety issues his behavior
presented. The trial court concluded that it was necessary to
send E.B. to DYS where E.B. would be able to obtain a mental
health evaluation pending adjudication of the probation
revocation motion. The trial court therefore continued the
hearing on the matter. The trial court's rulings were
journalized in its May 9, 2016 Judgment Entry.
On June 22, 2016, the trial court held an adjudicatory
hearing on the "Motion to Revoke Probation" filed
on April 28, 2016. At the hearing, the trial court heard
testimony from the director of the NOJRC who gave details of
the allegations comprising E.B.'s non-compliance and
disruptive behavior at the center and provided the basis for
the revocation motion. Specifically, she recalled that E.B.
struggled with motivating himself to accomplish everyday
tasks and became increasingly disruptive to the program
participants as time progressed by making sexual innuendos
and disparaging comments to other residents and sleeping
through group treatment. She explained that his misbehavior
escalated to destruction of property, standing on
countertops, throwing things at the staff and general non-
compliance with security measures. She stated that E.B. was
non-responsive to interventions and other consequences, which
eventually lead to the center requesting his transfer to the
Wood County JDC. During his time at NOJRC, E.B. only managed
to achieve level one out of a total of four levels in the
program, the lowest level after orientation.
E.B. denied the allegation that he threw objects at the staff
but agreed the remaining allegations were true. E.B. then
entered an admission to the probation violation upon a
properly executed Juv.R. 29 colloquy conducted between the
trial court and E.B. The trial court found E.B. made a
knowing, intelligent and voluntary admission to the
allegations and found him delinquent for having violated the
terms and conditions of his probation. The disposition on the
matter was continued for a later date and E.B was ordered to
be released from DYS and to be committed to the Wood County
JDC pending disposition.
On July 15, 2016, E.B. appeared before the trial court for
disposition. The trial court heard statements indicating that
E.B. had been behaving well at the JDC since the adjudicatory
hearing. The trial court suspended the balance of the DYS
commitment and ordered E.B. to re-enter and complete the
program at the NOJRC. The trial court also ordered E.B.'s
parents to participate in the program. E.B. was ordered to be
remanded to the Wood County JDC pending his acceptance into
the NOJRC. (See July 28, 2016 and July 29, 2016 Nunc
Pro Tunc Judgment Entries).
On August 17, 2016, E.B.'s probation officer filed a
"Motion to Revoke Probation" based upon allegations
that E.B. failed to comply with the terms of his probation as
stated at the July 15, 2016 dispositional hearing and
subsequent judgment entries imposing those orders. In the
motion, the probation officer stated that E.B. had been