In re D.C.

Citations

• 2025 Ohio 5147

Syllabus

Department of Youth Services commitment; disposition vacated; remand for new dispositional hearing; R.C. 2907.02; R.C. 2907.05; R.C. 2905.02. Judgment vacated and case remanded. The juvenile court erred by failing to afford D.C. his right of allocution before imposing disposition, committing him to the Ohio Department of Youth Services. Juveniles enjoy a right of allocution analogous to Crim.R. 32(A), and here the juvenile court never invited D.C. to speak in mitigation at his dispositional hearing. Remarks made at the earlier adjudicatory hearing did not cure the error. The juvenile court had moved to the State's proffer and continued the case for disposition without soliciting mitigation remarks from D.C. Asking only one factual question and proceeding to disposition did not satisfy the allocution requirement. Because alleged lack of remorse and personal accountability were central themes at disposition, the denial was not harmless. The disposition is vacated and the case is remanded for a new dispositional hearing.