What is Juvenile Court?

There are two reasons why families find themselves in juvenile court:

1) A child may be in need of care or supervision. The court calls this type of case “CHINS.” This means the child may have been abandoned or abused by the parents or custodian; or is without proper parental care, education, medical or other care necessary for the child's well-being; or is without or beyond the control of the parent or custodian; or is truant from school.

2) A child may have committed a delinquent act. The court calls  this type of case a delinquency. A delinquent act is one that would be a crime if committed by adult. 

 All juvenile court proceedings are CONFIDENTIAL. The public does not have access to juvenile court files or  juvenile court hearings.

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Who Might I Meet When I Go To Juvenile Court?

People who have a case in juvenile court come in contact with many people.  Those people include:

Social worker - works with children and families to work out the problems that brought them to court. They also gather information to assist the Court in making decisions about a case. In delinquency cases, they may supervise juvenile probation.

Police officers - work with the social worker and State's Attorney to investigate complaints.

Court security officers - make certain the courthouse is safe and that people treat each other respectfully.

Court staff & court officers - answer questions, notify you of the judge’s decisions, and help run the court.

Lawyer – Parents and children in these cases have a right to have a lawyer. If you can't afford a lawyer, the court will consider appointing one. Speak to the court staff.

Guardian ad Litem - the court-appointed person who looks out for the best interest of the child.  In a delinquency proceeding, the child's parent often serves as the child's guardian ad litem.

State's Attorney – The prosecuting attorney who presents and proves the petition (allegations) to the court.

Judge- makes the decisions based on the facts and the law.  (There are no jury trials in juvenile court.)

Diversion Staff – Youth charged with a delinquent act may be referred to the Diversion Program, which is an alternative to court.

The Guardian ad Litem, lawyers, or social worker may need to gather information from schools, clergy, counselors, etc.  They must keep all information confidential.

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Court Hearings

If you are a party in a juvenile court matter, it is very important that you attend all court hearings, unless your lawyer tells you not to.  It is a good idea to arrive at least 15 minutes before the time on your court notice.

Emergency Detention: A child may be taken into emergency custody if: the child is in immediate danger, the child has run away, or the child has been arrested. These emergency hearings may happen in front of the judge or by phone. The judge then approves a temporary plan until he/she can hear more of the facts.  The child may be returned to the parents or placed somewhere else (if custody is temporarily transferred to another party, most often DCF).

Detention Hearing: Within a couple of days a detention hearing will be held. The judge asks the parents, DCF, the State’s Attorney, and the child for their opinions.  The judge decides who should have temporary custody of the child until the next hearing. If a child is placed in temporary custody, DCF decides where the child actually lives.

Preliminary Hearing: The Petition and the Affidavit explain why the child has come to the attention of the court. If all parties admit to the allegations in the petition, the next hearing will be a Disposition Hearing. If any party denies the allegations in the petition, the next hearing will usually be a Status Conference or a Merits Hearing.

Status Conference: This is a hearing to tell the judge what is going on with the case. Parties may resolve the case any time before the Merits Hearing.

Merits Hearing: The Merits Hearing is the trial in the case. The case is presented to a judge without a jury. Sometimes testimony is presented by the child, family, teachers, doctors, friends, witnesses, police officers, social workers, or foster parents. Testimony is given under oath. After listening to the evidence, the judge will make a decision. If a child is found to be delinquent or in need of care or supervision, the judge may order a disposition report. If the judge needs more time to think about the case, the judge will make a decision in writing at a later date.

Disposition Hearing: This is the hearing where the plan for the child and/or the family is decided.  Before this hearing, the social worker prepares a report. This is called the Disposition Plan.  The Plan focuses on the family and/or child, and what they need to do to remedy the problems that brought them to court.  All parties, including the court, should receive a copy of the Plan before the hearing. At the hearing, everyone gives their opinion about the report. The judge will either accept or reject the plan in the Disposition Report and will make a decision about custody of the child at this time.

Permanency Hearing:  This comes later in the process.  The purpose of this hearing is to decide on a permanent home for the child, which could be with the family or elsewhere if the child is not safe with his or her family. 

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Other Things to Know About Hearings

Notices of hearings: All parties to a juvenile case are given advance notice of hearings.  The notice is usually given in writing, and is mailed to the lawyers and to any party who does not have a lawyer. Occasionally, in emergency situations, notice of hearing may be given in person or by telephone.  Always let your lawyer and the court know how to contact you if your phone number or address change.

Continuances: Any party may request in writing that a court hearing be continued to another date if they cannot attend the scheduled hearing. Continuances are only granted by the judge for good reasons, such as illness, the disposition report is not finished, or a party is unavailable for a good reason. When a hearing is continued, all parties are given notice (in writing if there is enough time) of the change in date.  

Court Room Guidelines

All Parties are expected to be respectful of each other and of the judge. Unless the judge tells you otherwise, you should stand when the judge enters or leaves the courtroom, and whenever you speak to the judge. The judge will provide an opportunity for all persons involved in the case to be heard. Even if you strongly disagree with something that another person says, do not interrupt. When you are asked for your opinion, speak plainly and politely.  Keep in mind that the judge may also look at your body language and behavior in the courtroom.

If you cannot hear what the others are saying in the courtroom, let the judge know you can’t hear. When you are speaking in the courtroom, speak loudly enough so that everyone in the courtroom can hear you.

If you do not understand what is happening feel free to ask your lawyer or the judge to explain.

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Rights and Responsibilities

The rights of parents/legal custodian and of children:

To have your position presented to the judge.

To be represented by a lawyer. All parties in a juvenile case have a right to be represented by a lawyer. The Court will ordinarily appoint a lawyer to represent the juvenile. The child's lawyer is usually a public defender with experience in juvenile law.

To be treated in a respectful manner by all parties in court.

To be notified of court hearings related to your case.

To have your questions answered

The responsibilities of parents/legal custodians and children:

To attend and participate in all the hearings in your case, unless your lawyer tells you not to.

To always be polite in court.

To let the Court know how you can be reached if you do not have a lawyer.

To follow the case plan. This may include following through with evaluation, counseling, parenting education, substance abuse treatment, juvenile probation, community service restitution, school attendance, etc.

To work with your lawyer.  Many people never worked with a lawyer before they became involved with Family Court.  Sometimes, you do not have the opportunity to meet with your lawyer until shortly before the hearing. Prepare by thinking through what you want to happen. Your lawyer works for you.

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Tips for working with your lawyer

Be honest and open. The lawyer may not tell others what you say to them without your agreement.

Be prepared. Make the best use of the time you have by making a list of what you want to talk about, including your questions and concerns.

Ask questions if you don't understand something.

Take your time to make decisions that make sense to you.  Talk through possibilities with your lawyer. Even when you are in a hearing and feel pressured to make a quick decision, ask for a few minutes to think and talk with your lawyer.

Listen to your lawyer. Your lawyer will advise you based or the law and his or her experience. Listen carefully and decide if the advice is right for you. If you disagree, tell you lawyer and explain why.

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