Juvenile Court

I

Introduction

Juvenile Court, authority charged with the disposition of legal actions involving children. Although the U.S. juvenile court has changed considerably since its beginning in 1899, the overall goal is still the same: to act as would a wise and loving parent helping a child with problems. Investigating the problems and needs of a child was very informal during the first 60 years. By 1967, however, dissatisfaction resulted in changes that by the 1980s made juvenile court proceedings similar to those in criminal court.

II

Jurisdiction

Juvenile court jurisdiction covers a wide variety of acts by children (under the age of 18), as well as actions by adults that concern children. Traffic offenses and the most serious criminal acts, such as murder, often are not heard in juvenile court. Rather, these courts consider delinquency cases, involving violations of criminal law by minors. In a delinquency proceeding, it is necessary to prove to the court both that the child committed the criminal act and that the child is in need of corrective treatment.

Juvenile courts also hear status offense cases that involve noncriminal misbehavior by children, such as truancy; cases that involve children who are not receiving proper parental care; and child abuse cases that involve intentional injury or sexual abuse of a child.

III

Procedures

Juvenile offender cases usually come to the court's attention through police apprehension of a delinquent. At other times, a school official, parent, or guardian may refer a problem to the court. The court intake officer then evaluates the case and decides whether it should be ended without action, whether the child should be referred to a counseling agency, or whether the case should be heard in juvenile court. Depending on the nature of the charge, detention may be necessary.

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If the case is to be heard formally, a petition is filed in juvenile court alleging the statutes violated by the child. In most juvenile cases, the child admits to the allegations and a treatment program is ordered. When the child denies the allegations, however, an adjudicatory hearing, much like a criminal trial, is held. At this hearing, the child is represented by a lawyer and has many other defendant's rights. Since a minor will rarely have a jury trial, the judge hears the evidence and decides if the offenses were committed by the child. If the allegations are not proven, the case is dismissed; if they are proven, the judge may rule that the child is a delinquent or a status offender. A second hearing is then held to decide on the appropriate disposition or sentence. The most common disposition is probation, under which the child must abide by certain rules of behavior and report to the probation officer regularly. The court may order serious offenders committed to a juvenile institution.

In certain instances, alternatives to juvenile court action may be desirable. Alternatives for minor offenses include informal assistance from school counselors, mental health clinics, and a variety of youth-service agencies. Court intake often results in referral to such agencies. At the other extreme, the alternative for serious crimes and dangerous behavior is trial in criminal court, where children who murder, rape, or commit other such acts can be sentenced to prison.

See also Juvenile Crime.

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