## Facts

- The State charged four juveniles, including D.G.W., with breaking and entering residences and school buildings.
- D.G.W. admitted the charges and was adjudicated a juvenile delinquent.
- The juvenile court placed D.G.W. on probation for one year.
- As a condition of probation, the court ordered restitution to the victims, but directed that the amount be determined by the probation department rather than fixed by the judge at disposition.
- The probation department calculated total damage to the school buildings as $626.
- The probation department divided that total among the four juveniles and set D.G.W.’s share at $156.50 (one-fourth of $626).
- D.G.W. appealed, challenging both the propriety of ordering restitution in a juvenile disposition and the method used to determine the amount.

## Issues

1. Whether a juvenile court may order restitution to victims as a condition of probation following an adjudication of delinquency.
2. If restitution is permitted, whether the court may delegate determination of the restitution amount to the probation department without a judicial determination after notice and an opportunity to be heard.

## Decision

- The court held that restitution may be ordered as a condition of probation in a juvenile delinquency disposition.
- The court held that the procedure used here was improper because the restitution amount was effectively set by the probation department rather than determined by the judge through an appropriate court process.
- The matter was remanded for further proceedings consistent with the requirement that the court, not probation, make the final determination of the restitution obligation after fair procedures.

## Legal Principles

- A juvenile court’s authority to impose probation conditions includes ordering restitution when the condition is reasonably related to the juvenile disposition and accountability for harm caused.
- Restitution cannot be imposed in a way that leaves the amount to administrative calculation without meaningful court involvement when the amount, causation, or allocation may be contested.
- Basic fairness requires that the juvenile receive notice of the claimed losses and a real opportunity to challenge the restitution amount before the court.
- Probation services may assist by gathering information, but the judge must make the final findings and set the restitution amount and terms.

## Conclusion

State in Interest of D.G.W. recognized restitution as a permissible juvenile probation condition, but required that the sentencing judge—not the probation department—determine the amount through fair procedures, including notice and an opportunity for the juvenile to contest the claimed losses and the allocation of responsibility.


State in Interest of D.G.W., 361 A.2d 513 (1976)