STATE OF ARKANSAS APPELLEE
FROM THE CRAWFORD COUNTY CIRCUIT COURT [NO. 17JV-12-208]
HONORABLE MICHAEL MEDLOCK, JUDGE
Lisa-Marie Norris, for appellant.
Rutledge, Att’y Gen., by: Brooke Jackson, Ass’t
Att’y Gen., for appellee.
MICHAEL KINARD, Judge
a minor, appeals from the trial court's order requiring
him to register as a juvenile sex offender. Appellant argues
that the State's motion for registration should have been
dismissed and that the trial court's decision requiring
him to register as a sex offender was clearly erroneous. We
find no reversible error on the first point but remand on
appellant's second point.
August 2012, the State filed a petition alleging that
appellant had committed the offense of rape. At an October
2012 adjudication hearing, appellant entered a plea of true
to the amended charge of sexual assault in the fourth degree.
He was adjudicated delinquent, placed on probation, ordered
to complete residential treatment, and ordered to complete a
"Community Notification Risk Assessment." The
adjudication order stated that a hearing would be set upon
completion of the assessment to review the results if deemed
the case was periodically reviewed, and appellant's
probation was revoked and extended. In July 2015, appellant,
then fourteen years old, completed a registration risk
assessment at the University of Arkansas for Medical
Sciences. The assessment recommended that appellant be
required to register as a sex offender, and the State
subsequently filed a motion requesting that the court order
registration hearing, appellant moved to dismiss the
State's motion, arguing that the State did not have
standing to bring the motion under the juvenile-registration
statute, Arkansas Code Annotated section 9-27-356 (Repl.
2015). The trial court denied appellant's motion. Helen
Chambers, the social worker who completed the assessment,
testified about her findings and recommendation. The trial
court ruled from the bench that it was ordering registration.
The court's written order stated as follows:
The Court finds by clear and convincing evidence that said
Juvenile be required to register as a sex offender, based on
the seriousness of the offense, the protection of society,
the level of planning and participation of the offense, his
previous sexual history, the availability of facilities for
treatment available to rehabilitate said Juvenile prior to
the expiration of the Court's jurisdiction, the sex
offender assessment and any other written reports or other
materials relating to said Juvenile's mental, physical,
educational and social history, and the testimony of Helen
Code Annotated section 9-27-356 provides in part as follows:
(a) If a juvenile is an adjudicated delinquent for any of the
following offenses, the court shall order a sex offender
screening and risk assessment:
(1)Rape, § 5-14-103;
(2)Sexual assualt in the first degree, § 5-14-124;
(3)Sexual assault in the second degree, § ...