JUVENILE CASES



How a Juvenile Case Begins

An individual, including a law enforcement officer, a parent, a relative, or a neighbor, who has knowledge that a juvenile has committed a delinquent act, is in need of supervision, or independent, may file a complaint with the juvenile court. A juvenile intake officer will review the complaint to ensure that it is sufficient and that the court has venue and jurisdiction and will decide whether a  normal petition will be filed with the court. The intake officer will notify the parents of the child's detention and advise the child and parents of their rights, including the right to have an attorney present at all proceedings.

One of the most important decisions made by the intake officer is whether or not a child should be released to the custody of the parents or placed in a licensed juvenile detention facility or, in the case of dependency and CHINS cases, placed in the care of the Department of Human Resources under what is termed "shelter care." Any time a child is detained, a hearing must be held within 72 hours in order that the juvenile judge can determine whether the child should remain in detention or in shelter care or be released into the custody of the parents.

Juveniles committing certain minor and first-time offenses may be handled without judicial action. The intake officer may withhold the filing of a formal delinquency or CHINS petition, and may attempt, with the consent of the child and the parents, to make a satisfactory informal adjustment. Under an informal adjustment, the child and the parents voluntarily agree to abide by conditions established by the intake officer. Such conditions may include counseling, curfew, required attendance at school, or other reasonable conditions. The informal adjustment process cannot continue beyond a period of six months. If the juvenile and the parents abide by the terms of the informal adjustment agreement, no petition will be filed and the charges against the child will be dismissed. If the juvenile or the parents violate the agreement of the informal adjustment, the intake officer may proceed with the filing of a formal petition.

Once the petition is filed, the juvenile case will be set for trial, which, in the juvenile court, is called an adjudication hearing. At any time after the filing of a petition in a delinquency or a need of supervision case and before the holding of the adjudication hearing, the juvenile case may be handled by a consent decree. The consent decree is an agreement between the youth, the parents or guardians, and the judge. Under a consent decree, the proceedings of the court are suspended and the juvenile is placed on probation in accordance with terms and conditions agreed upon by all parties. If the juvenile complies with all conditions of the consent decree, the petition will be discharged. If the juvenile fails to abide by the terms and conditions of the decree, the petition will be reinstated and the case will proceed to adjudication.