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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.
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