State ex rel. M.P.

• Decision Date: 04 November 2020
• Docket Number: No. 2020-CK-00567,2020-CK-00567
• Citation: 303 So.3d 622 (Mem)
• Parties: STATE of Louisiana IN the INTEREST OF M.P.
• Court: Louisiana Supreme Court

303 So.3d 622 (Mem)

STATE of Louisiana IN the INTEREST OF M.P.

No. 2020-CK-00567

Supreme Court of Louisiana.

November 4, 2020

PER CURIAM

Writ granted. Children's Code art. 877(A) sets forth the time limits for delinquency adjudication hearings such as the present one and provides: "If the child is not continued in custody, the adjudication hearing shall commence within ninety days of the appearance to answer the petition" Additionally, Children's Code art. 877(D) provides: "For good cause, the court may extend such period." Here, after the case was allotted to a different section because the original juvenile court judge granted the juvenile's motion to recuse, the adjudication was continued several times until it finally occurred nearly seven months after the juvenile answered the petition. Though the juvenile objected to the continuances and findings of good cause, the juvenile never sought supervisory review of those adverse rulings, nor did the juvenile file a motion to dismiss, as required by Children's Code art. 877(C) ("If the hearing has not been commenced timely, upon motion of the child , the court shall release a child continued in custody and shall dismiss the petition") (emphasis added). As such, the court of appeal erred in reversing the juvenile court and in dismissing the adjudication as untimely commenced. See In the interest of R.D.C ., 93-1865 (La. 2/28/94), 632 So.2d 745, 748–49. Therefore, we reverse the ruling of the court of appeal. We reinstate the juvenile court's adjudication and disposition.

REVERSED