K.J.A. v. State
K.J.A. v. State
Opinion of the Court
AFFIRMED BY UNPUBLISHED MEMORANDUM.
Dissenting Opinion
(dissenting).
For the reasons set forth below, I must respectfully dissent from the majority’s unpublished memorandum.
First, the majority incorrectly concludes that the juvenile court had jurisdiction to order the appellant’s parents to pay restitution in this case. Rule 31(F), Ala. R. Juv. P., specifically states, in pertinent part, that “[t]he parentfs] ... joinder as a party makes the parent ... subject to orders to pay ... restitution.” As the majority notes, the juvenile court did not order that the appellant’s parents be made parties to the proceeding. Because the juvenile court did not follow the procedure set forth in Rule 31, Ala. R. Juv. P., for making a parent a party to a juvenile proceeding, that court did not have jurisdiction to order the appellant’s parents to pay restitution in this case. To hold otherwise would allow courts to hold a person responsible for acts with which he has not been properly charged.
For the above-stated reasons, I would reverse that portion of the juvenile court’s order that requires the appellant’s parents to pay restitution in this case.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.