Clerk of Court For the Court State Of Louisiana In The Interest Of M.P.

The Supreme Court of the State of Louisiana
Clerk of Court
For the Court
STATE OF LOUISIANA IN THE INTEREST
OF M.P. No.2020-CK-00567
_ _ _ _ _ _
IN RE: State of Louisiana - Applicant Other; Applying For Writ Of Certiorari, Parish
of Orleans Criminal, Orleans Juvenile Court Number(s) 2018 -352-13-DQ-B/E,
Court of Appeal, Fourth Circuit, Number(s) 2020-CA-0083;
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November 04, 2020
Writ application granted. See per curiam.
BJJ
JLW
JDH
SJC
WJC
JHB
Genovese, J., dissents.
Supreme Court of Louisiana
November 04, 2020
11/04/2020 "See News Release 042 for any Concurrences and/or Dissents."

11/04/20
S
UPREME COURT OF LOUISIANA
No. 2020-CK-00567
STATE OF LOUISIANA
IN THE INTEREST OF M.P.
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL,
FOURTH CIRCUIT, PARISH OF ORLEANS
PE
R 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 ap pearance 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