How to Handle Juvenile Court Matters Juvenile Justice System

It is important to understand juvenile law when dealing with a child in crisis. This applies whether they are the victim of a wrongdoing, such as an incidence of child abuse or child neglect, or they are breaking the law themselves. This article focuses on juvenile delinquency. Please see the articles on termination of parental rights for how to work with child protective services to deal with child abuse and child neglect.

A minor that frequently violates the law is commonly referred to as a juvenile delinquent. Any crimes committed are initially examined by the juvenile justice system. State and local agencies are guided by the Department of Juvenile Justice to facilitate ways to correct and prevent incidences of juvenile delinquency. The goal of the juvenile court is to create an appropriate diversion from criminal activity and other wrong doings and to encourage them to engage in more productive behaviors.

When the Department of Juvenile Justice charges a minor with a crime, it is called a detainment rather than an arrest. The child's parents or guardians are notified and the child in juvenile detention should be assigned an attorney. In addition to an attorney, a child protective services worker may also help oversee the process and make sure the child's rights are being protected.

Usually, within 48 hours the district attorney files an initial pleading with the juvenile court called a petition for removal. In juvenile law, the child is typically referred as a as a respondent rather than a defendant. The initial intake process allows for the child to get the proper representation and for the district attorney to look at the child's history of juvenile delinquency in order to decide whether the juvenile court system is sufficient or if the child should be tried as an adult.

Sometimes it is determined that formal detention is not necessary, and it is determined that a diversion is more appropriate for the situation. When a diversion happens, the case is moved out of juvenile court and is handled by social services or another agency. In a diversion program, a child and their parents have to agree to the terms of the diversion, such as counseling, community service, school attendance, or retribution.

The next step involves a formal hearing. In this hearing, the prosecutor files either a delinquency petition, which keeps the case in juvenile court, or a waiver petition, which moves the case into the adult system. Transfers to the adult system normally only happen in cases where very serious crimes have been committed and/or the child has a long history of criminal activity.

Assuming the child stays in the juvenile system, the next hearing is an adjudication hearing. This is where a judge hears the evidence in order to determine whether the minor should be considered a juvenile delinquent. If this is so, a disposition hearing comes next, where the appropriate consequences are determined based on the offense. Here, there may be a number of recommendations including counseling, being confined to the detention center, community service, or making restitution. Whether or not the child spends time in the juvenile detention center, he will normally be assigned a probation officer who will oversee his progress in meeting the requirements of the disposition and continuing to act in a law abiding way.