H.J. v. State
H.J. v. State
Opinion of the Court
This appeal
In reversing the juvenile court’s judgment in AC., this court concluded (a) that the juvenile appellant had standing to challenge the portion of the judgment under review that directed her to complete the H.I.T. program and (b) that § 12-15-71(e), Ala.Code 1975, prohibited the placement of a juvenile adjudicated to be a CHINS in a facility established for delinquent children if that juvenile had never previously been found in need of supervision. 888 So.2d at 521. On the authority of AC., we reverse the juvenile court’s judgment in this case and we remand the cause for the entry of a judgment consistent with the principles expressed in AC.
REVERSED AND REMANDED.
. The appeal was transferred from the Court of Criminal Appeals to this court on the authority of K.W. v. State, 697 So.2d 1197 (Ala.Crim.App. 1997). See also Rule 28(A)(2)(b), Ala. R. Juv. P. (providing that this court is the "appropriate appellate court” to review judgments in cases arising out of juvenile-court jurisdiction over children except as to orders adjudicating a juvenile delinquent and orders transferring juveniles to "adult” criminal court for prosecution).
Dissenting Opinion
dissenting.
I believe that this case should be transferred to the Court of Criminal Appeals. See my dissent in S.H. v. State, 868 So.2d 1110 (Ala.Civ.App. 2003); see also State v. K.C.L., 823 So.2d 1287 (Ala.Crim.App. 2001) (appeal in a proceeding on a truancy/CHINS petition). Accordingly, I must dissent.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.