## Facts

- In May 1984, 16-year-old L.K.W. admitted violating a Minnesota shoplifting statute, a misdemeanor.
- The juvenile court adjudicated L.K.W. delinquent based on the admission and proceeded to disposition.
- At disposition, the juvenile court ordered L.K.W. placed outside her family home in a private residential facility.
- L.K.W. remained in the facility for 66 days before the placement order was stayed.
- L.K.W. appealed the dispositional order, arguing that out-of-home placement was not justified and that the juvenile court’s written findings did not adequately support removal from the home or address less restrictive options.

## Issues

1. Did the juvenile court abuse its discretion by ordering an out-of-home residential placement following a misdemeanor shoplifting adjudication, rather than ordering a less restrictive disposition?
2. Were the juvenile court’s written dispositional findings adequate and supported by the record, as required for an out-of-home placement in a juvenile delinquency case?

## Decision

- The Minnesota Court of Appeals affirmed the juvenile court’s dispositional order.
- The court held that the juvenile court’s dispositional findings of fact are accepted on appeal unless clearly erroneous.
- The court held that the choice of disposition is reviewed for an abuse of discretion.
- The court concluded that the written findings and the record sufficiently supported the out-of-home placement, including the determination that less restrictive alternatives were not appropriate for L.K.W.’s needs and the circumstances presented.

## Legal Principles

- A juvenile court’s dispositional findings of fact will be upheld on appeal unless they are clearly erroneous.
- The juvenile court’s ultimate dispositional decision (including whether to order out-of-home placement) is reviewed for abuse of discretion.
- A juvenile delinquency disposition must be supported by written findings that connect the disposition to the child’s needs and the reasons the disposition is appropriate.
- When ordering an out-of-home placement, the juvenile court must address why less restrictive alternatives are not suitable under the governing juvenile statutes and rules.
- An out-of-home disposition may be affirmed even when the adjudicated offense is a misdemeanor, if the record supports the juvenile court’s determination that residential placement is necessary to meet the child’s needs and the statutory dispositional objectives.

## Conclusion

In *In the Matter of L.K.W.*, the Minnesota Court of Appeals affirmed a juvenile court’s order placing a 16-year-old adjudicated delinquent for misdemeanor shoplifting in an out-of-home private facility. Applying clear-error review to dispositional fact findings and abuse-of-discretion review to the dispositional choice, the court held that the juvenile court made sufficiently specific written findings, supported by the record, explaining why residential placement was appropriate and why less restrictive options would not meet L.K.W.’s needs.


In the Matter of L.K.W., 372 N.W.2d 392 (1985)