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In re of Welfare of O. O. A.

Court of Appeals of Minnesota

October 21, 2013

In the Matter of the Welfare of: O. O. A., Child

UNPUBLISHED OPINION

Hennepin County District Court File No. 27-JV-12-5131

David W. Merchant, Chief Appellate Public Defender, Leslie J. Rosenberg, Assistant Public Defender, St. Paul, Minnesota (for appellant)

Lori Swanson, Attorney General, St. Paul, Minnesota; and Michael O. Freeman, Hennepin County Attorney, Jean Burdorf, Assistant County Attorney, Minneapolis, Minnesota (for respondent)

Considered and decided by Cleary, Presiding Judge; Connolly, Judge; and Larkin, Judge.

CONNOLLY, JUDGE

Appellant argues that the district court abused its discretion by ordering him committed to the Red Wing Correctional Facility after he violated his probation by failing to go to a group home as ordered. We affirm.

FACTS

In 2009, appellant O.O.A. was adjudicated delinquent for aggravated robbery and committed to the Minnesota Correctional Facility at Red Wing. While on furlough in May 2012, he was arrested for possession of a firearm by an ineligible person under age 18. He admitted the offense and was adjudicated delinquent. The district court ordered him committed to Red Wing, but stayed the commitment and ordered him to enter a residential program.

In October 2012, O.O.A. was released to his family for transportation to a group home in Auburn Lakes. Instead of reporting to the group home, however, he went home. An order for detention was issued immediately and he was arrested less than two months later. Following a hearing, the district court revoked his probation and ordered him committed to Red Wing.

This appeal follows.

DECISION

A district court has broad discretion when revoking parole and ordering a disposition in a juvenile-delinquency case. In re Welfare of R.V., 702 N.W.2d 294, 298 (Minn.App. 2005). This court will not reverse absent a clear abuse of discretion. Id. The district court must consider "whether a particular disposition will serve established principles of dispositions, " which include, but are not limited to (1) necessity, (2) best interests of the child, and (3) sanctions. Minn. R. Juv. Delinq. P. 15.05, subd. 2(B). Considerations bearing on whether a disposition is necessary include the risk to public safety, as well as proportionality, meaning "whether the disposition is the least restrictive action consistent with the child's circumstances." Id. subd. 2(B)(1).

O.O.A. does not dispute that he violated the terms of his probation. But he argues that the district court abused its discretion by ordering him committed to Red Wing instead of sending him to a group home. He argues that sending him back to Red Wing is disproportional to his probation violation of failing to go to his group home as ordered, in light of the fact that he remained cooperative while living at home, did chores, and ...


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