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Children and Juvenile Law, Keyed to Feld, 6th Ed.
State ex rel. D.D.H. v. Dostert
Citation:
269 S.E.2d 401 (1980)Facts
In April 1979, a delinquency petition was filed against D.D.H., a twelve-year-old female, charging her with four crimes that would be felonies if committed by an adult. After a detention hearing, she was placed in the Jefferson County Juvenile Detention Center. At a preliminary hearing, two counts were dismissed, but probable cause was found for breaking and entering an A&P store and grand larceny of a pickup truck. D.D.H. was released to her mother’s custody but later detained again after missing school. She was subsequently arrested for allegedly stealing another automobile and detained in Morgan County Jail. At the adjudicatory hearing, she was found delinquent on both counts. The evidence showed that a friend had taken the truck, though D.D.H. was identified as the driver shortly before it was recovered. For the breaking and entering charge, the only evidence was testimony from her aunt who overheard D.D.H. discussing the act. At the dispositional hearing, despite her counsel’s efforts to secure placement at the Odyssey House (a less restrictive group home), the court committed D.D.H. to the Industrial Home for Girls. The court’s decision was based primarily on testimony from a social worker who had not explored all available alternatives and reports indicating D.D.H. came from a severely dysfunctional home environment.
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