COLUMBUS, Ohio — The Ohio Supreme Court has upheld a juvenile court judge’s dismissal of a case involving sex between boys under 13.

At issue before the high court was a 2013 case out of central Ohio in which a 12-year-old boy touched and engaged in intercourse with a 9-year-old boy. Court records say there was no allegation of force.

Justice William O’Neill, writing for the majority in the 4-3 decision, said Wednesday a juvenile judge has considerable discretion when it comes to determining the best outcome for children, and that can include rejecting a formal court process.

Justice Sharon Kennedy, writing for the minority, said the juvenile court judge should not have dismissed the criminal complaint.