Juvenile Court Process

Solution Preview

---

Juvenile Court Team - there are many different people who are part of the juvenile court process and who are influential in assisting the juvenile. The people listed below are all people who play important roles in the juvenile court process:

the child
the probation officer
the state (family services, child welfare advocate, etc)
the parents
the judge
mental health counselor for drugs, alcohol, mental health issues, etc.
teacher/educator
guardians ad litem
Court Appointed Special Advocates
court personnel and treatment providers

Some of the above information was taken from the following website:http://64.233.169.104/search?q=cache:aJY6RsuweFoJ:www.17thjudicialdistrict.com/juvenile%2520court.htm+juvenile+court+team&hl=en&ct=clnk&cd=1&gl=us&client=firefox-a

Rights of the Juvenile:
~ Children can have their rights waived if they voluntarily agree to do so - various factors taken into consideration by the judge include the child's age, previous experience with the court system, family situation, event/crime that took place

~ Juveniles have a right to appeal any decision made by the court - for example, in the state of PA, this has to be done with the supreme court and within 30 days of the final disposition hearing

~ If juveniles are charged with a violent crime or aggravated assault, they have the right to a jury by trial with the jury consisting of 6 people.

~ Juvenile records and court proceedings are kept private and the public does not have the right to see or view anything - this is to keep the child safe.

~ Juveniles have many of the same rights as adults who go through criminal justice proceedings: the right to a fair and speedy trial, the right to be represented by counsel and if they cannot afford or obtain their own attorney, the state will appoint one who will speak on behalf of the juvenile

Some of the information was taken from: http://www.courts.state.co.us/exec/pubed/brochures/juvenile.pdf

Phases of filing a petition:
1. Filing a petition with the court is the first step of the juvenile justice system:

To start the process, a petition must be filed with the court. A petition can be brought by any person, including a law enforcement officer. The petition must state:

The child's name, age, and address
The names and addresses of the parents, if known
When and where the child was taken into custody
If the child is still in custody

The petition must clearly say why the child is being brought before the court and state that it is in the best interests of the child and the public that the child receives treatment, supervision, or rehabilitation.

If the child is not released after arrest a petition must be filed with the court within hours or the next business day after the child is brought to detention or shelter care. A petition is the charging document which is then followed followed by an adjudicatory hearing. If the child is considered dangerous or is a runaway, proceedings in juvenile court begin with a detention hearing. The judge or master may detain the juvenile in a secure facility pending the adjudicatory
hearing.

Can the court process be avoided?

Yes. Before the petition to start the court process is filed, a probation officer or another officer of the court can decide that it would be most appropriate to have an informal adjustment of the charges against the child.

When a probation officer opts for an informal adjustment, there is no finding of guilt or innocence if the terms of the adjustment are complied with. An informal adjustment typically lasts for six months. If the juvenile successfully complies with the terms of the informal adjustment, the petition and charges are withdrawn.

If, prior to the termination of the informal ...