JUVENILES – Habitual runaway: J. S. v. Commonwealth (COA 10/30/09)

J. S. v. Commonwealth
2009-CA-000805 10/30/09 2009 WL 3487870
Opinion by Judge Acree; Judges Caperton and Keller concurred.

The Court affirmed an order of the family court committing appellant to the Cabinet for Health and Family Services as a habitual runaway. The Court held that the family court did not clearly err in committing appellant as there was substantial evidence indicating that appellant’s return to the community would subject him to gang violence and that no less restrictive alternative was feasible. Appellant’s delinquent behavior and gang affiliation forced the family court to protect him from not only his own actions but also, from his community.

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