In the Matter of the Welfare of: C. S. N., Child.
Earth County District Court File No. 07-JV-15-4238
Cathryn Middlebrook, Chief Appellate Public Defender, Leslie
J. Rosenberg, Assistant Public Defender, St. Paul, Minnesota
(for appellant CSN)
Swanson, Attorney General, St. Paul, Minnesota; and Patrick
McDermott, Blue Earth County Attorney, Susan B. DeVos,
Assistant County Attorney, Mankato, Minnesota (for respondent
State of Minnesota)
Considered and decided by Peterson, Presiding Judge; Kirk,
Judge; and Jesson, Judge.
juvenile district court may only continue a case without an
adjudication of delinquency for one 180-day period, and can
only extend the continuance up to an additional 180-day
period after the court has reviewed the case. If the court
fails to conduct a review hearing before extending a
continuance, the district court loses jurisdiction to
consider a probation revocation proceeding commenced after
the first 180-day period has ended.
appellant C.S.N. was in tenth grade, a younger student
performed oral sex on him in a hallway at their school.
C.S.N. pleaded guilty to fifth-degree criminal sexual
conduct, and the district court continued the case without an
adjudication of delinquency for two 180-day periods. After
C.S.N. violated multiple terms of his probation, the district
court revoked the stay and adjudicated him delinquent. C.S.N.
argues that the district court lost subject-matter
jurisdiction (the power to hear and decide the case) before
it adjudicated him delinquent. We agree and reverse and
case began with a lunchtime conversation between appellant
C.S.N., a tenth grader, and H.A., a seventh grader. In that
conversation, C.S.N. asked H.A. for oral sex. And after
C.S.N. repeatedly insisted, H.A. agreed and the two went to a
school hallway where H.A. performed oral sex on C.S.N. The
incident occurred on March 1, 2015. H.A. was 13 years old at
the time. C.S.N. was 15 years old.
reported the incident to police in September
2015. The next month, C.S.N. was charged with
felony third-degree criminal sexual conduct with a victim
between the ages of 13 and 15 years old, by an actor more
than 24 months older. Pursuant to a plea agreement, C.S.N.
pleaded guilty to gross misdemeanor fifth-degree criminal
sexual conduct, nonconsensual sexual contact. The district
court accepted this plea and ordered a pre-disposition
pre-disposition report noted that C.S.N. has support from his
family, that he does well in school, and that he has no
previous record. C.S.N. engaged in a psychosexual evaluation,
which found that he has a low risk of sexual recidivism, does
not have any deviant sexual interest in younger children,
does not have obsessive sexual interest, and did not make
threats or use excessive violence or weapons in committing
this offense. The pre-disposition report recommended
continuing the case without adjudication for two six-month
periods (approximately 180 days) and to place C.S.N. on
probation with conditions. In an order issued on August 19,
2016, the district court agreed with this recommendation and
imposed two 180-day continuances without adjudication.
violated the terms of his probation on multiple occasions.
First, he was charged with, and later admitted to, disorderly
conduct that occurred in October 2016. Then in January 2017,
C.S.N. tested positive for marijuana use, was charged with
and later admitted to shoplifting, and was charged with a
felony drug offense. And in May 2017, C.S.N. was charged with
a misdemeanor drug offense, reported to his probation officer
that he had recently smoked marijuana, and was terminated
from sex-offender treatment.Following the most recent
violations, C.S.N.'s probation officer filed a violation
report on May 30, 2017.
to the hearing on the alleged probation violations, the
defense filed a motion to dismiss the proceeding, arguing the
district court lacked jurisdiction. The district court denied
the motion and held a hearing on the probation violations.
C.S.N. admitted to the violations, and the court revoked his
stay and adjudicated him delinquent of fifth-degree criminal
sexual conduct, placing ...