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Juveniles 16 years of age or older who, after April 14,
1994, are charged with a capital offense, a Class A felony, a felony which has as
an element the use of a deadly weapon or causing the death or serious physical injury
of another or a felony using a dangerous instrument against certain officials, or
trafficking in drugs are expressly excluded from the jurisdiction of the juvenile
court. These juveniles must be tried as adults and, if convicted, may not be tried
as juveniles for any subsequent offenses.
Venue in Juvenile Cases. In delinquency and in
need of supervision cases, the proceedings are held in the county where the acts
constituting the alleged offense occurred. In dependency cases, however, the proceedings
are held in the county where the child resides or in the county where the child
was present when the proceedings began.
Cases involving Minors and Adults in the Juvenile Court.
The Juvenile court primarily exercises jurisdiction over children. However, in some
instances, minors and adults may come under the jurisdiction of the court. For purposes
of determining the juvenile courts jurisdiction an adult is defined as an
individual 19 years of age or older. A minor is an individual who is under
the age of 19 who is not a "child," i.e., an 18 year old. Cases involving minors
and adults include charges that a minor or adult contributed to the delinquency,
dependency, or need of supervision of a child; proceedings to establish paternity
of a child; charges of desertion and non-support; and proceedings for the commitment
of a mentally ill or retarded minor. The court, after making a preliminary investigation,
may try to resolve the issues through informal adjustment, without prosecution.
If the issue cannot be resolved informally, the case would be tried in the same
manner as any similar case in an adult court, but without a jury.
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