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In re D.A.

Citations

  • 2024 Ohio 2975

Syllabus

FINAL ORDER – JUVENILE – DELINQUENCY - R.C. 2152.16(A)(1)(e): An appellate court is obligated to address questions related to its jurisdiction whether any party raises the issue. Even though the notice of appeal was not filed within 30 days of the order appealed, juvenile cases are civil, and because the judgment entry was never served, the time did not begin to run under App.R. 4(A)(3), and the appeal is timely. The juvenile court had no statutory authority to commit a juvenile who had been found delinquent for committing an act that would be a third-degree felony if committed by an adult to the Ohio Department of Youth Services (\DYS\) for a minimum period of 12 months until a maximum period not to exceed the juvenile's attainment of 21 years of age where R.C. 2152.16(A)(1)(e) states that if a child is adjudicated a delinquent child for committing an act that would be a third-degree felony, the court may commit the child to DYS for a minimum of six months and a maximum period not to exceed the child's attainment of 21 years of age.

Judges: Winkler

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