Tawanya had previously been placed under juvenile supervision, and remanded to a juvenile facility. While at the facility, and still under the age of 18, she assaulted a staff member. The local prosecutor sought to have the juvenile court waive jurisdiction over Tawanya, so that she could be prosecuted as an adult.

The lower court waived its jurisdiction, but the appellate court reversed and directed that Tawanya continue to be treated as a juvenile offender.

The court's summary of the case reveals considerable disagreement about the sort of juvenile facility in which Tawanya should have been placed. One of the evaluations concluded that she might have FAS, and that that would account for her difficulty with impulsivity and concentration. 1995 WL 146902 at *10.