Delinquent: Read all the stories from Week 3; discretionary bindovers have fallen in Cuyahoga, but transfers

During an “amenability hearing” to determine whether a youth can be rehabilitated by the juvenile system, judges consider the child’s social history, education and family situation, as well as a mental health examination by the court’s diagnostic clinic. Many believe that discretionary bindovers are a fairer form of justice than mandatory bindovers. But waiting for an amenability hearing can still thrust a kid into limbo.

“Everything happens for a reason, but–” John pauses. It’s not easy to make sense or find meaning in the situation John finds himself in and how ruinous it might be for his future. This week, we focus on the process of discretionary bindover – when prosecutors request the transfer of a kid to the adult docket, and the decision is left in the hands of a judge. Some advocates argue that no child should be sent to adult court without the approval of a juvenile judge, who considers the full scope of the kid’s life and prospects for rehabilitation. But the approach is not without its complexities. Making an informed decision about a youth’s case takes time.

the research arm of the National Council of Juvenile and Family Court Judges, which was founded, incidentally, by a Cuyahoga County judge in 1937. During a hearing last October, Sweeney seemed impressed with his progress. It persuaded her to release him from his ankle monitor. But one misstep, she warned, could set him back significantly and impact the bindover decision.A few days later, John was lounging at home, his ankle bare as he shook off seven months of cabin fever. His amenability hearing was scheduled for January, three months away.

“Football is like a getaway from everything,” he explains. “You know if you have a long workday, came home and showered and got into bed and went to sleep? That’s the feeling football gave me, that peace feeling.” At the same time, John’s construction company cut back on winter hours. He applied for a DoorDash job to fill the void, but it didn’t pay as well.The 18-year-old still wanted to play college football in the fall, but with his swirling legal issues, it was hard to see a path forward. It had been more than a year since he strapped on shoulder pads.

Authorities accused John of being one of the assailants. Now 18, he was indicted in adult court for aggravated robbery, felonious assault and other felonies. He spent several days in jail before posting bond.

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