Breaching of Time Deadlines –Without Objection - by Which to Hold Certification Hearing Does Not Divest Juvenile Court of Subject Matter Jurisdiction.

In the Matter of the Welfare of:  R.D.M., III, Minn.Ct.App., 1/28/2013.  There is a juvenile statute, Minn.Stat. 260B.125, subd. 2(4), that says that hearings to certify a juvenile to adult court must be held within 30 days of the filing of the certification motion unless good cause is shown, in which case the hearing had to be held within 90 days of the filing of the motion.  The juvenile delinquency rules also establish a 90 day deadline for certification hearings. but the rule also says that the juvenile may waive the right to the scheduling of the hearing.  No one disagreed that the certification hearing in this case did not occur within the 90 day deadline.  R.D.M. argued that because of missing this deadline the juvenile court lost subject matter jurisdiction to hear it at all.

The court of appeals rejected this argument, saying that the failure to comply with the time requirements does not deprive the juvenile court of subject matter jurisdiction to hear and determine the certification motion.  It may be that had R.D.M. challenged the untimeliness of the certification hearing he would be entitled to relief.  However, not only did R.D.M. not object or otherwise complain about the untimeliness of the certification hearing, he actually contributed to it both by agreeing to waive the time requirements and then requesting a continuance of the (already late) hearing.