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What is Juvenile Court?

Children under the age of 17 who are charged with criminal acts are tried in juvenile court proceedings. There are some exceptions to this, however. Children who are 14 or older and charged with certain serious and violent crimes can be tried in adult court and can face adult penalties.

Juvenile proceedings are civil and not criminal, but children are entitled to all the rights given to adult defendants except the right to a jury trial.

Juvenile court proceedings are different than adult criminal proceedings in many ways. For example different words are used in juvenile proceedings. In juvenile court proceedings:

• Children are charged with “delinquent acts” instead of “criminal acts,”
• Children have “adjudication hearings” instead of “trials,”
• Children are “adjudicated delinquent” instead of “found guilty,” and
• Children are given a “disposition” instead of a “sentence.”

Youth brought before juvenile court also have the right to private confidential court proceedings unless the charge is a violent offense (see below for more information on what offenses are public). This means that only court personnel and attorneys, the child, his or her parents or guardians, and witnesses who must be in court to testify, should be present in the court room for juvenile court.

Youth have the right to an attorney at ALL stages of juvenile court, even after they are given a disposition. Children also have the right to rehabilitation and treatment if they are found to be delinquent. In addition, in juvenile court, a child cannot be placed in custody or on probation beyond their 21st birthday.

Juvenile court also hears FINS (Family In Need of Services) cases. Youth who miss school, run away, or are alleged to have committed minor delinquent acts may be referred for FINS services. FINS services are targeted toward the entire family and may require the child and parent or guardian to fulfill certain obligations. Most FINS cases are handled informally and without the involvement of a judge. However, if the informal process does not work or a case is more severe, a formal FINS case may be initiated and a juvenile court judge will become involved with overseeing the case and enforcing the terms of FINS probation. Once a FINS case becomes a formal case, the youth has a right to an attorney.

The Deliquency Flow Chart
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All contacts you have with your lawyer and advocates are confidential. Confidentiality is like a secret. Your lawyer cannot tell anyone what you told them without your permission. This includes your parents, other family members, the police and judge. However, your lawyer has to report if you make any statement that you are going to cause serious bodily harm or death to yourself or someone else.

When you have a lawyer in juvenile court you are the boss. You make the decisions on your case with the advice and information given to you by your attorney. It is your lawyer’s job to help you make those decisions and do the legal work on your case.