Case Caption: PEOPLE OF THE VIRGIN ISLANDS IN THE INTEREST OF: A.A.P., a minor Case Number: SCT-2020-CIV-0103/0108Date: 01/11/2024Author: Cabret, Maria M. Citation: 2024 VI 3Summary: In an appeal by a minor from a final order of the Family Division of the Superior Court ending his probation, closing his case, and transferring him to the Department of Human Services (“DHS”) for continued supervision, the order of the Superior Court is reversed. Generally an appellee's failure to raise an issue in the trial court does not preclude him or her from asserting that issue on appeal as a ground for affirming the trial court, and here the People as Appellees merely responded to the minor’s arguments. On the merits, the Superior Court improperly placed the minor under unauthorized administrative probation without statutory authority. Under § 2525, a child on probation incident to being adjudicated delinquent, who violates a term of probation, may be proceeded against in a probation revocation hearing, and the Superior Court may extend the period of probation or make any other authorized order of disposition. However, none of the procedures specified in § 2525 were followed in this case. The DOJ did not file a revocation complaint here, the Superior Court did not hold a hearing, and the minor did not receive his accompanying due process rights. There is no statute or case precedent which permits the Superior Court to take the actions that it did in this case. Therefore, the Superior Court erred, and its order transferring the minor to DHS must be reversed. On remand, the Superior Court must either terminate the minor’s probation under § 2524, or follow the procedures set forth in § 2525 to extend, modify, revoke, or otherwise dispose of the minor’s probation, should the DOJ file a motion to revoke probation under that section. The order of the Superior Court is vacated, and this matter is remanded for further proceedings.Attachment: Open Document or Opinion