By Neil I. Jacobs, Esq.

Why Was This Page Created?

This page was created to give parents and non-legal professionals a brief overview of Juvenile Court, and to provide some necessary information to use when confronted with different issues related to Juvenile Court. This information is not to take the place of seeking professional legal advice as soon as possible, but should assist in understanding why immediate legal advice is important.

What Is Juvenile Court?

Juvenile Court is where most cases involving persons under 18 years of age are heard. In Juvenile Court there are no juries to hear cases, only Judge or Masters, depending on the County. The Juvenile Court is a division within the Circuit Court in each county.

Why Would A Case Be In Juvenile Court?

There are a number of different types of cases involving juveniles (persons under 18 years old), and some matters involving adults which are heard in Juvenile Court. These cases include: Delinquency matters (juvenile criminal/traffic matters); Child In Need of Assistance (CINA) matters, which are abuse and/or neglect cases; Child In Need of Supervision (CINS) which involve "out of control" children; and Alcohol and Tobacco Citations, as possession of either of these products is illegal for all persons under 18 years old. These matters are treated similar to Delinquency cases.

The Juvenile Court also hears cases involving runaway children, violations of required schooling, and cases alleging the contributing to the delinquency of a child.

Delinquency, CINA, CINS and Citation cases involve an event that occurred while the person involved was under the age of 18, not the person's age when the case is ultimately charged or resolved.

A child involved with Juvenile Court is referred to as a Respondent, not a defendant.

How Long Will The Juvenile Process Take?

That depends on the type of case, and if the child is still at home.

Most delinquency cases take approximately 90 days before they make it to court. During this time the case will go from the police officer, to the Youth Services Division of the police department, to the Department of Juvenile Justice, to the State's Attorney's Office and then to Juvenile Court. It can then take an additional 90 days to resolve a case once it gets to Juvenile Court.

Each of these stages can take a number of weeks, and a case could be closed at any of those stages depending on the circumstances of each case.

CINA cases can last much longer depending on the seriousness of the abuse and/or neglect and the needs of the child and/or family.

If a child is removed from the home the process is much quicker, with an adjudication hearing (trial) usually within 30 days from the day the child is removed from their home.

Can A Child Be Charged In Adult Court?

Yes. If a child is 16 years old there are a number of charges that require that a child be charged in the adult system. They include Murder, Rape, Arson, Armed Robbery and Handgun offenses. If a child is charged as an adult, he/she will be held in an adult facility. Depending on the charges and the child's age, a child can be "transferred down" to Juvenile Court, and have his/her charges handled there.

A child can also be "waived up." This occurs when the State believes that the child has committed so many delinquent acts in the past, that he/she should be dealt with in the adult system.

Both of the "waivers" are done at a Waiver Hearing. If your child is charged as an adult, it is imperative that you seek legal assistance immediately to expedite the waiver process and protect your child's rights.

When Should I Get An Attorney For My Child?

As soon as you become aware your child may have done something illegal or are contacted by the police.

An attorney can be helpful at all stages. They can advise a child whether to speak to the police or to remain silent. If a child speaks to the police, what the child says can be used against them at a trial, as well as used against a parent at a restitution hearing if the child is found involved in a delinquent act involving restitution.

An attorney can also assist in meetings with the Youth Services Division of the police department and the Department of Juvenile Justice in an attempt to have a case closed before it reaches Juvenile Court.

Does My Child Really Need An Attorney If His/Her Case Is In Juvenile Court?

Yes. In adult court, adults can waive their right to have an attorney and defend themselves before a judge or jury. In the Juvenile Courts in Maryland, it is mandatory for a child to have an attorney. You will be given an opportunity to hire an attorney for your child (or apply for a Public Defender) once their case is in Juvenile Court, but if you do not retain counsel for your child, many jurisdictions will appoint an attorney, and you will be responsible for their fees.

What If I Can't Afford An Attorney?

If qualified, a person can obtain the services of the Office of the Public Defender for their child. Some private attorneys will work out reduced fees and payment plans if you have limited funds but do not qualify for the Public Defender.

How Long Can A Child Be Involved With The Juvenile Court?

Until age 21. As long as the event that brings a child into the juvenile system occurred before his/her 18th birthday, the Juvenile Court can maintain jurisdiction and control over a person until their 21st birthday.

Is Juvenile Court Private, and What Happens When the Case Is Over?

Much of what occurs in Juvenile Court is confidential, and the child's records are closed to the public. Access to juvenile records is severely restricted, and usually requires a Court Order for access. Schools do not regularly get information regarding juvenile proceedings.

A child is never convicted of a crime, only adjudicated delinquent, so the issue of prior convictions on most job or college applications is not effected.

For a number of years however, a child's juvenile record can be used at sentencing in adult court on serious matters.

Are the Words and Terms Used In Juvenile Court Different Than Those In Adult Court?

Yes they are, and unless you can understand the terms, the entire process of Juvenile Court can be extremely confusing, for a parent, a child and even an attorney.

Delinquency Case - A type of case that is equivalent to a criminal case in adult court. These cases can include serious driving offenses. A child is never found "guilty" in Juvenile Court, only that they were "involved" in a delinquent act.

Child In Need of Assistance Case (CINA) - A type of case that is brought because of allegations of abuse or neglect by a parent or guardian.

Child In Need of Supervision (CINS) - A type of case brought because there are allegations that a child is ungovernable and the parent(s) or guardian need assistance to safely maintaining the child.

Adjudication Hearing - The name for the hearing at which a trial or plea occurs in Juvenile Court. These hearings are held before Judges, and in some counties Masters. If a child enters a plea, the child pleads "involved in a delinquent act" and not "guilty."

Emergency Hearing - A hearing which is held in order to determine if it is necessary for a child to be removed from his/her home. This can be necessary because of what the child may have done, or what may have been done to the child. A child can be removed from the home and placed in a juvenile detention facility, a shelter or a foster home, depending on the circumstances. As an alternative, a child can be returned to the home after an Emergency Hearing on Home Electronic Monitoring (HEM / house arrest) until their case is resolved. This allows the child to remain at home and attend their regular school.

Disposition Hearing - If there is a finding after a trial, or a plea is entered during an Adjudication Hearing, there will be a Disposition Hearing. In delinquency matters this is very similar to a sentencing hearing. The Judge is informed about how the child is doing in the home and community and what services or placements are needed to protect the child and/or community. If necessary, a delinquent child can be removed from the home and/or community until age 21. In CINA matters, a plan is usually formulated at the Disposition Hearing so as to assist a family in having their child return home as soon as possible.

Restitution Hearing - This is a hearing held after a child has been found delinquent to determine if the child and/or parent is responsible to the victims for any damages or restitution. A parent can be liable for up to $10,000 in a juvenile case. A parent has the right to have their own attorney represent them at a Restitution Hearing.

Waiver Hearing - This is a hearing to determine where a child should have his/her case resolved. Children charged as adults can be "waived down" and children charged as a juvenile can be "waived up." A waiver hearing is a very critical stage in a case and legal representation should be consulted ASAP when a child is charged as an adult.

Detention - This occurs when a child alleged to have committed a delinquent act can not be in their home because of safety concerns for the community. A child will be held at a juvenile detention facility until their case is resolved, and either returned home or sent to a different facility. Detention usually occurs after an Emergency Hearing

Department of Juvenile Services (DJS) - This is the state agency that is responsible for overseeing delinquency and CINS matters. All non-traffic delinquency matters must be processed and reviewed by DJS before they can be reviewed by the prosecutor's office. DJS can make recommendations to close cases if they do not believe they are appropriate for Juvenile Court, or they can make an informal adjustment of the case, and dismiss it later in time.

Informal Adjustment - The process in which DJS resolves a case in a manner which is acceptable to the child, his/her parents, the victim and any other interested party. This can include community service, restitution, education classes, drug/alcohol evaluations and follow-up. If new allegations arise during this process, the informal adjustment can be cancelled and the case sent to the prosecutor's office for their review.

Intake Conference - A meeting at DJS with the child and parent(s) to discuss the delinquent allegations forwarded to them by the police department.

YSD - The Youth Services Division of the county/local police. Most counties have a special juvenile unit where all cases involving juveniles are handled. The records in this unit are private, and are not accessible to other units. YSD can divert cases in a similar manner as DJS does with an informal adjustment. If the case is diverted at YSD, the case is closed without being forwarded to DJJ or Juvenile Court.

Diversion - A case is diverted from entering the Juvenile Court by the child and/or parents agreeing to partake in diversion programs. There are many different varieties but they include educational classes, parenting classes, anger management, fire safety education, drug/alcohol evaluations, community service hours. Once an agreed diversion program is completed, the case does not proceed.

Department of Health and Human Services (DHHS) - This is the agency that is responsible for overseeing CINA allegation cases. This department is staffed with social workers who attempt to work with families in crisis so they can maintain the family unit. DHHS is represented by the County Attorney's Office at CINA hearings.

State's Attorney's Office (SAO) - This is the County agency that is responsible for the prosecution of delinquency cases. After a case has been referred to the SAO by DJS, the case is reviewed to determine if prosecution is the best method of resolving the case. All serious traffic matters are sent directly to the SAO for review, and thus bypass DJS.

Traffic Cases - Serious traffic matters are handled in Juvenile Court, which means that any person under 18 years of age who receives a traffic citation for a violation that could carry incarceration if done by an adult (ex. DWI, Driving Suspended, Hit and Run) will have that charge reviewed by the SAO for possible prosecution. If a child between the ages of 16 and 18 receives a non-incarcerable traffic ticket, it will usually be handled in adult traffic court, but can be handled in Juvenile Court if it is related to another more serious matters. All traffic violation by a child under 16 years of age are reviewed by the SAO for possible prosecution.

Preliminary Inquiry (PI) - The first stage in Juvenile Court when a parent must appear to receive the charging documents, called a Delinquency Petition. It is imperative that you contact an attorney soon after the PI. In some counties, if you do not have an attorney for your child soon after the PI, they will appoint an attorney to represent the child, but the parent is responsible for all reasonable fees.

What Should I Look For In An Attorney?

Competence in practicing in Juvenile Court. As you can see, Juvenile Court has some significant differences from adult court. It is important to find an attorney who regularly practices in Juvenile Court, or who is at least familiar with how the system works. Do not be afraid to ask an attorney about their experience in Juvenile Court. Your choice of an attorney for your child can be very critical to the outcome of the case, and can affect you and your child's life for years to come.

About The Author:

Neil Jacobs is an attorney who regularly practices in the Juvenile Courts of Maryland and Washington, D.C., as well as represents children in school suspension and expulsion cases. He is a past Chairman of both the Juvenile and Criminal Law Sections of the Montgomery County Bar Association, and is currently a vice-president of the Maryland Criminal Defense Attorney's Association. He regularly presents lectures and seminars to attorneys, judges and other professionals on both Juvenile and Criminal Practice and Procedure.

Neil Jacobs also practices criminal law in the adult courts of Maryland and D.C. He regularly appears in State and Federal trial courts, and has argued before the Federal Court of Appeals in Richmond, Va. and presented arguments to the Supreme Court of the United States of America.