L., A CHILD UNDER EIGHTEEN (S. R.) VS. COMMONWEALTH OF KENTUCKY
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RENDERED: APRIL 20, 2012; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2011-CA-000110-ME S.R.L., A CHILD UNDER EIGHTEEN v. APPELLANT APPEAL FROM BULLITT CIRCUIT COURT FAMILY COURT DIVISION HONORABLE ELISE GIVHAN SPAINHOUR, JUDGE ACTION NO. 10-J-00150 COMMONWEALTH OF KENTUCKY APPELLEE AND NO. 2011-CA-000111-ME K.L., A CHILD UNDER EIGHTEEN v. APPELLANT APPEAL FROM BULLITT CIRCUIT COURT FAMILY COURT DIVISION HONORABLE ELISE GIVHAN SPAINHOUR, JUDGE ACTION NO. 10-J-00151 COMMONWEALTH OF KENTUCKY APPELLEE OPINION AND ORDER DISMISSING ** ** ** ** ** BEFORE: TAYLOR, CHIEF JUDGE; CLAYTON AND STUMBO, JUDGES. TAYLOR, CHIEF JUDGE: S.R.L., a child under eighteen, brings Appeal No. 2011-CA-000110-ME and K.L., a child under eighteen, brings Appeal No. 2011CA-000111-ME from August 18, 2010, final dispositional orders of the Bullitt Circuit Court, Family Court Division.1 We dismiss both appeals. In the August 18, 2010, dispositional orders, the family court found that S.R.L. and K.L. had committed the juvenile status offenses of Beyond Control of School under Kentucky Revised Statutes (KRS) 630.020(2). Both S.R.L. and K.L. challenge the validity of the dispositional orders in their respective appeals. During the pendency of these appeals, S.R.L. and K.L. reached majority and were no longer subject to the Kentucky Unified Juvenile Code or to the jurisdiction of the family court as status offenders. It, thus, appeared that the above-styled appeals were rendered moot. As a result thereof, we rendered a Show Cause Order directing S.R.L. and K.L. to show good cause why the appeals should not be dismissed. S.R.L. and K.L. filed a response to the show cause order. In the response, they argued that these appeals were rendered moot because of delay in 1 S.R.L. and K.L. are twins and their date of birth is January 13, 1994. At the time of this Court granting their belated appeals on March 14, 2011, the children were seventeen years of age. -2- the appeal process and not due to their actions. Thus, they urged this Court to, nevertheless, review the merits of the above-styled appeals. To begin, the record discloses that S.R.L. and K.L. did not timely file notices of appeal from the final dispositional orders. Instead, they each filed motions for belated appeal with this Court, and these motions were granted by a motion panel of our Court on March 14, 2011. However, we observe that belated appeals are only available in criminal actions, and status offenses are not considered criminal in nature. Com. v. B.J., 241 S.W.3d 324 (Ky. 2007). Therefore, it appears that the motion panel of this Court may have improvidently granted S.R.L. and K.L. belated appeals. Nonetheless, the record is clear that S.R.L. and K.L. have reached the age of majority and are no longer subject to the provisions of the Kentucky Unified Juvenile Code or to the jurisdiction of the family court. Consequently, these appeals have been rendered moot as the family court could not afford S.R.L. and K.L. any relief in the event the case was remanded by this Court.2 See Medical Vision Group, P.S.C. v. Philpot, 261 S.W.3d 485 (Ky. 2008). For the same reasons, we must conclude that this Court no longer has jurisdiction to grant the relief requested. 2 In a 2011 unpublished opinion of the Court of Appeals, this Court likewise concluded that an appeal is rendered moot by a status offender reaching majority during the pendency of the appeal. J.T. v. Com., Appeal No. 2010-CA-002003-ME. We provide this case for informational purposes only and not as authority. -3- Now, therefore, be it ORDERED that Appeal Nos. 2011-CA-000110ME and 2011-CA-000111-ME are DISMISSED as moot. ALL CONCUR. ENTERED: April 20, 2012 /s/ Jeff S. Taylor CHIEF JUDGE, COURT OF APPEALS BRIEF FOR APPELLANTS S.R.L. AND K.L.: La Mer Kyle-Griffiths Assistant Public Advocate Department of Public Advocacy Frankfort, Kentucky BRIEF FOR APPELLEE: Jack Conway Attorney General of Kentucky Frankfort, Kentucky Monica Meredith Robinson Bullitt County Attorney Shepherdsville, Kentucky Shelly L. Alvey Assistant County Attorney Shepherdsville, Kentucky -4-
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