S-20-0312 In re Interest of Victor L.
Douglas County Separate Juvenile Court, Judge Chad M. Brown
Attorneys: Natalie Killion & Rachel Lowe, Senior Certified Law Clerk (Douglas County Attorney’s Office, for Appellant) --- Leigh A. Ellis (Douglas County Public Defender’s Office, for Appellee)
Civil: Truancy; Incompetency; Dismissal; Jurisdiction
Proceedings below: The trial court dismissed the case following an evaluation, which found the juvenile to be incompetent.
Issues: Whether the trial court erred in 1) dismissing a status offense case due to the distinction that is drawn between juvenile status and delinquent offenses; 2) dismissing the case due to the civil and rehabilitative nature of juvenile court; 3) dismissing the case because there are alternatives to safeguard competency issues that arise in juvenile court; and 4) not attempting to restore the juvenile to full competency and by failing to make a judicial finding regarding the inability or ability to do so prior to its dismissal of the case.