State Of Louisiana In The Interest Of J.J.

STATE OF LOUISIANA IN THE NO. 2024 KW 0628
INTEREST OF J. J.
PAGE 1 OF 2

FEBRUARY 14, 2025

In Re: J. J.,
applying for supervisory writs, Juvenile Court,
Parish of Ascension, No. J- 24097.

BEFORE: WOLFE, MILLER, AND GREENE, Ji.

WRIT GRANTED.
If a child is not continued in custody,
the adjudication hearing shall commence within ninety days of
the appearance to answer the petition. 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. La. Ch. Code art. 877 ( B) & ( C) . In the
instant case, the child was not in continued but
custody,
answered the petition on February 8, 2024. An adjudication
hearing was not commenced within ninety days, and on May 22,
2024, J. J.
filed an objection to the hearing and a motion for
dismissal under Article 877. After a hearing on June 5, 2024,
the juvenile court denied the motion and stayed future
proceedings. After consideration of the facts and
circumstances presented in this the
case, state failed to

meet its burden to make a showing of good cause on the record
and to
obtain an extension before the time period expired.
See State in the Interest of J. M., 2013- 2573 ( La. 12/ 9/ 14),
156 So. 3d 1161; see also State in the Interest of R. W., 2016-
1187 ( La. App. 4th Cir. 3/ 2/ 17), 213 So. 3d 13, writ denied,
228 So. 3d 1225, 2017- 0411 ( La. 10/ 27/ 17). Additionally,
there was no showing that in
any continuances this matter

were joint motions made by the state and the child. See State
in the Interest of C. C. H., 2021- 19 ( La. App. 3rd Cir. 5/ 5/ 21),
319 So. 3d 940. Moreover, it is noted that the state

previously was ordered by this court to file a response in
this matter, but failed to do Thus,
so. because the time
limitations in Article 877 are the juvenile
mandatory,
court' s ruling denying J. J.' s motion to dismiss is reversed,
and the delinquency petition filed against J. J. is dismissed
because he was not timely adjudicated.

SMM
HG

Wolfe, J., dissents. I would issue an order
directing the
state to respond to our previous order. On October 7, 2024, this
court issued an interim order, the
wherein State of Louisiana,
through Ricky L. Babin, District Attorney, or his designated
assistant,
was ordered to file a response on or before November 5,
2024, addressing the merits of J- J.' s claims urged in his writ
application filed with this court. However, the state failed to
respond as ordered. Thus,
I would have ordered the state to file
a response to the merits of the claims raised in J- J.' s writ

NO. 2024 KW 0628

PAGE 2 OF 2

application, and in the event the state again failed to comply
with this court' s order, I would have ordered District Attorney
Ricky L. Babin to appear before this court to show cause
why
appropriate sanctions should not be imposed for failure to comply
with this court' s order.

URT OF APPEAL, FIRST CIRCUIT

Y CLERK OF LOUR
FOR THE COURT