Cleveland Law Library Weblog

Cuyahoga County to Build New Juvenile Justice Center

The Plain Dealer reports that Cuyahoga County has awarded $40 million in contracts for the construction of a new Juvenile Justice Center on the East side at East 93rd and Quincy Avenue. The project is slated for completion by 2010 and will include space for judges and a juvenile detention center. Although the location was purchased in 2000, the Plain Dealer reports that Juvenile Court Judges did not want to move from their present location until the issue was resolved in late summer 2006. The County's existing juvenile detention center, which has been plagued with issues of over-crowding, is located on Central Avenue in Cleveland.

Official Text of New Cleveland Ordinances for Curfew and Spray Paint Sales to Minors

The official text of amendments to Cleveland Codified Ordinance 605.14, which imposes stricter curfews on minors can be viewed in The City Record, May 2, 2007 at page 746, page 34 of the pdf document.  The official text of new Cleveland Codified Ordinance Nos. 623.101 and 623.102 which restricts spraypaint sales to minors can also be viewed in The City Record, May 2, 2007 at page 746, page 34 of the pdf document.   For more details, see our prior post: Cleveland Passes Stricter Curfews, Bans Spray Paint Sales to Minors.

Cleveland Passes Stricter Curfews, Bans Spray Paint Sales to Minors

Cleveland City Council voted for stricter curfews for minors.  According to a Sun News article,

"Currently, the nightly curfew for children is darkness to dawn for ages 12 years and younger, 11 p.m. to 5 a.m. for children 13 to 16 years old, and midnight to 5 a.m. for 17-year-olds.

The biggest change will be for 13- and 14-year-olds, who will have to remain indoors from 9:30 p.m. to 6 a.m. The curfew is 11 p.m. to 6 a.m. for 15- and 16-year-olds; and midnight to 6 a.m. for 17-year-olds. Police can cite parents and legal guardians with a minor misdemeanor, punishable by a $100 fine."

Curfew Law Could Help Provide Quiet by Ken Prendergast, West Side Sun News, Apr. 26, 2007.  There are some exceptions to the law, including when the minor is accompanied by a parent or guardian, when the child is en route from a job or when the parent has initiated juvenile court proceedings against the minor.  See  City Record, April 25, 2007 at page 685, page 13 of the pdf document.  The official text of amended Cleveland Codified Ordinance 605.14 has not yet appeared in  the City Record, but will be posted on this blog when it does so appear.

City Council also passed new ordinances 623.101 and 623.103, which prohibit the sale of spray paint to minors. See  City Record, April 25, 2007 at page 685, page 13 of the pdf document.  The official text of these new Cleveland Codified Ordinances has not yet appeared in  the City Record, but will be posted on this blog when they appear.

Court Challenge to Maple Heights Parental Responsibility Ordinance

A mother charged under the Maple Heights parental responsibility ordinance, Ordinance No. 648.20, moved to have the ordinance declared unconstitutional.  Thelma Ephraim was charged under the ordinance because her son was charged with carrying a concealed weapon, resisting arrest and failure to comply with a police order.  In her motion to dismiss the charges against her, Ephraim argued that the law is vague and overbroad.  Additionally, she asserts that the law violates her due process rights because it interferes with a parent's right to raise their children and the law fails to pass the strict scrutiny test.  She also argues that the ordinance violates due process because it preempted by state laws, specifically ORC 2151.03 pertaining to neglected children and ORC 2919.22 creating the criminal offense of child endangering.

A written decision is expected after the end of June. 

The motion to dismiss and other documents in the case can be viewed at the Garfield Heights Municipal Court Docket Search.  The case is Maple Heights v. Ephraim, Garfield Heights Docket No. 0700016.  To view the documents, you have to download free software: DjVu Browser Plugin .  When you open the document, you may have to click the arrow at the end of the toolbar to get a "page forward" icon. 

To see the Maple Heights ordinance Download maplehtsordparental.pdf.

Sources:  Corrections and Clarifications , The Plain Dealer, Apr. 27, 2007; Parent Challenging New Maple Heights Law by Rachel Dissel, The Plain Dealer, Apr. 27, 2007; Elders Liable for Teens' Actions by Susan Vinella, The Plain Dealer, Apr. 26, 2007. 

See our prior posts:  Maple Heights Parents May have to Pay for Child's Crimes, April 19, 2006; Update to Maple Heights Parental Responsibility Ordinance, Jan. 23, 2007. 

More on Cuyahoga Juvenile Court Reforms

The following changes are underway in order to make sure juveniles are detained pending trial if they are at risk of committing crimes:

*The court administrator has asked that an empty cottage at the Youth Development Center in Hudson be opened, to allievate overcrowding in the juvenile detention center. 

* Assessments which include more variables are proposed.  The current assessment test only considers prior offenses.  New tests would consider other factors, and would get input from the alleged victims.

*Administrative Judge Russo told his fellow judges that they must strictly adhere to the rule requiring detained juvenile's cases to be heard in 90 days.

*Prosecutor Bill Mason pledged to call victims to notify them if an accused juvenile has been released.

Source: Teen's Shooting Sparks Change by Rachel Dissel, The Plain Dealer , Apr. 15, 2007.

See our prior post: Tragedy Prompts Change to Juvenile Arraignments

Ohio AG Looking into Whether Juvenile Offenders Can Appear on E-Sorn Database

While the Attorney General's e-SORN database states that by law, it can not include juvenile sex offenders,   Ohio Attorney General Marc Dann plans to look into whether this information can be included.  Butler and Clermont counties decided to wait to hear from the attorney general as to whether they can include juvenile offenders in their sex offender database.  Other counties, like Hamilton County, are including juvenile offenders in their on-line sex offender database.  Source:  OH AG Marc Dann on Juvenile Sex Offenders by Liz Foreman, WCPO.com.  See our prior post:  Can Sex Offender Databases Contain Info on Juvenile Sex Offenders?

Tragedy Prompts Change to Juvenile Arraignments

Recently, a juvenile, while on release pending trial for rape, shot his victim.  The case spurred prosecutors and court administrators to make changes.  A new magistrate will be hired to handle all juvenile arraignments.  The criteria for release will be reviewed.  Several other changes are proposed.  A system should be created to notify the victim of the juvenile's release.  Probation officers should be on call overnight to handle reports that a juvenile with an electronic monitoring bracelet has left his home.  The legislature should pass a statute which would give juvenile courts the power to issue protection orders.  H.B. 95 , passed in the last general assembly, which allows victims of sex offenses to obtain protection orders from a criminal court or domestic relations court, may not apply to juveniles.  Source: Cracks in Justice System, Part I,  Cracks in Justice System, Part II by Rachell Dissell, The Plain Dealer, Mar. 17, 2007; Juvenile Court to Get Full-time Magistrate   by Rachell Dissell, The Plain Dealer, Mar. 14, 2007; Pressure is on Juvenile Court The Plain Dealer, Mar. 15, 2007.

Lawsuit Alleges Delinquents Held Because Programs Unavailable

A lawsuit filed in Franklin County alleges that youths were held beyond their minimum sentences because rehabilitation programs required as a condition for their release were not available.  The Children's Law Center filed the lawsuit along with the Ohio Justice and Policy Center.  Suit: Youths Held in Violation of Rights, Associated Press, The Plain Dealer, Mar. 3, 2007. 

Can Sex Offender Databases Contain Info on Juvenile Sex Offenders?

See update to this post Ohio AG Looking into Whether Juvenile Offenders Can Appear on E-Sorn Database.  While the Ohio e-SORN database says that by law it can not contain information on juvenile offenders, Attorney General Marc Dann is looking into this issue.  So, whether e-SORN can contain information on juvenile offenders is by no means clear.

While it is clear that information on juvenile offenders can not appear on the Ohio Attorney General's E-Sorn database, Butler county is including some juvenile offenders in their sex offender database.  Butler County officials interpret Ohio Revised Code 2950.081 as stating that juveniles classified as habitual sexual offenders who have beem convicted of major offenses may have their information disclosed to the public via the Internet. Major offenses include convictions for murder, rape and felonious assault.  The Attorney General issued an opinion in 2002 regarding Internet dissemination of sex offender information. OAG Opinion 02-040.  Butler Lists Sex Offenders of All Ages by Lauren Pack, Journal News, Feb. 5, 2007. 

Update to Maple Heights Parental Responsibility Ordinance

Amendments have been made to the Maple Heights Ordinance requiring parents to pay restitution for the criminal acts of their minor child under some circumstances.  The following language was removed from the ordinance, "It is no defense to a charge under this section that no minor has been convicted of or found delinquent as the principal offender."  The current ordinance is numbered 648.20, and the prior ordinance was numbered 648.19.  To see the amended ordinance Download maplehtsordparental.pdf.   See our prior post:  Maple Heights Parents May have to Pay for Child's Crimes.