Juvenile dependency cases involve children who are dependent on adults and need their protection until they grow up. If a person under 16 years old, but at least 7 years old, commits an act that would be considered a crime if they were an adult and is found in need of supervision, treatment, or confinement, they are considered a juvenile delinquent. Adolescent offenders are youth 16 or 17-years old who commit a felony offense. Juvenile dependency proceedings determine whether a child’s parent or guardian is abusive or neglectful.
Juvenile dependency proceedings generally begin for one of two reasons: an authorized arrest or a child’s removal from the family home due to child abuse or neglect. The Center for Families, Children and the Courts (CFCC) works to improve court proceedings, and most guardianship cases are in probate court. If a child is not a dependent of a parent, they must participate in all court hearings about their children, unless their parental rights were violated.
A dependent child is defined as any child who has been abandoned, abused, or neglected by a person legally. When there is a concern that a child has been or is in immediate danger of being abused, abandoned, or neglected, it is heard in Juvenile Dependency Courts.
In Los Angeles, dependency proceedings typically commence when a juvenile or family court files a petition against the parents, determining whether a child’s parent or guardian is abusive or neglectful. Juvenile dependency proceedings are instituted in each county to protect children from physical and emotional abuse or neglect while also guarding them.
| Article | Description | Site |
|---|---|---|
| Juvenile Dependency | A juvenile dependency hearing will determine if the child should be temporarily or permanently removed from the family home. | lawinfo.com |
| Definition of Dependency | §1 Statutory Elements of a Dependency. A dependent child is defined as any child who. a) Has been abandoned;; b) Is abused or neglected by a person legally … | wacita.org |
| Who’s That? In Family or Dependency Court | When CPS brings someone to Family or. Dependency Court because they think the person is hurting or not taking care of a child or teenager, that person is called … | ovc.ojp.gov |
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Where Does A Juvenile Delinquent Case Go?
The case for minors involved in legal trouble is typically heard in the Youth Part of the Supreme or County Court, but can be transferred to Family Court, where the youth may be labeled a juvenile delinquent and gain access to related services and programs. If convicted, a juvenile may be sent to the Division of Juvenile Justice (DJJ) while those tried in adult courts go to the Division of Adult Operations (CDCR). All states have established juvenile court systems for individuals generally aged 17 and younger.
Many youth cases bypass formal court procedures; however, those processed in juvenile court are adjudicated by judges to determine delinquency, akin to a guilty verdict in adult court. Following any arrest, a youth is often brought to a local juvenile detention facility. The judge assesses evidence to decide if the juvenile is delinquent; if so, proceedings continue with a delinquency petition seeking a verdict of delinquency or a waiver petition to transfer the case to adult court.
In 2021, juvenile courts managed 437, 300 delinquency cases. Unlike adult criminals, juveniles are not placed in adult jails; instead, their needs for supervision or treatment are determined by the court. Cases are heard by a judge without juries, and initial court appearances are crucial to decide the juvenile's custody status. Detention hearing requirements ensure timely judicial oversight of cases involving detained youths.
What Are Common Terms Used In Juvenile Dependency Cases?
In juvenile dependency cases, key terms include abuse (child abuse), referring to physical, sexual, or emotional harm inflicted on minors (under 18). These cases center on minor protection rather than parental accountability. Dependency offenses highlight neglect or inadequate care by parents or guardians. Annual reviews assess whether a child requires ongoing court supervision. The proceedings typically start when a professional determines a child needs immediate protective custody or when a court assesses custody issues, weighing if a child should be temporarily or permanently removed from parents.
Aggravated circumstances, defined by the Juvenile Act, indicate situations where reunification efforts with parents may be bypassed. Caregivers are typically parents or guardians providing for a child's needs. The investigating body, often referred to as CPS (Child Protective Services), is crucial in these matters. Other relevant terms include dependency petition, adjudication hearing, disposition hearing, and the permanency plan, all integral to the judicial process.
Overall, juvenile dependency law encompasses complexities that require understanding specific terminology to navigate the system effectively, especially for parents and guardians involved in these emotionally charged cases. The terms used extensively represent the intersection of child welfare, legal standards, and protective interventions.
Who Is Considered A Juvenile Delinquent?
A Juvenile Delinquent is defined as a child aged 12 to 17 who commits acts that would be crimes if performed by an adult. Additionally, children aged 7 to under 12 can also be considered juvenile delinquents if they commit specific serious acts outlined in the Family Court Act. Juvenile delinquency encompasses behaviors marked by criminal activities, persistent antisocial actions, and behaviors that parents cannot control. The term "juvenile" refers to individuals who have not reached their eighteenth birthday, while "juvenile delinquency" pertains to violations of the law committed by minors.
Juvenile delinquents may face legal actions within the juvenile justice system, which includes detention centers. The Juvenile Delinquency Act (JDA) provides federal authorities with options regarding juvenile offenders, such as referral to state authorities. Those who violate federal law before reaching 18 and under 21 are classified as juveniles under the law. Juvenile delinquency covers a range of illegal behaviors and status offenses, such as truancy and curfew violations.
Courts handle cases involving juvenile delinquents, emphasizing the distinction between juvenile offenders and non-delinquent youth, with ongoing discussions about group-supported and organized delinquency also prevalent.
Can A Juvenile Delinquency Case Be Settled Without Going To Court?
In cases of juvenile delinquency that lack serious violence, probation intake workers interview the complainant, police officer, and the accused child to explore resolution outside the court. The court may, prior to declaring a juvenile delinquent, order an adjournment in contemplation of dismissal (ACD), allowing for case dismissal if specific conditions are met within six months. Juvenile delinquency cases are handled in Family Court, with juveniles not being sent to adult jails.
Instead, the court decides on necessary supervision, treatment, or placement via the local social services department. Serious offenses committed by youths aged 13 to 15 may lead to adult treatment. Pre-trial hearings, or "status conferences," aim to achieve case resolution before trial; if unresolvable, attorneys’ preparedness is assessed. A judge may dismiss cases lacking sufficient evidence. Informal dispositions occur when a youth admits guilt and meets court requirements in a "consent decree." Family Court proceedings remain confidential, with some cases eligible for sealing.
Effective 10/1/2019, 16 and 17-year-olds charged with misdemeanors began to be addressed differently. Overall, juvenile cases focus on restorative justice, aiming for resolution and rehabilitation rather than punishment.
What Is Juvenile Dependency?
A dependent child is a minor not in the care of a parent or guardian. Juvenile dependency cases arise through court orders when a child is abandoned, abused, or neglected, warranting judicial intervention to assess a caregiver’s ability to provide safe custody. The primary goal is to protect children while promoting family preservation or reunification when feasible. This process often involves collaborative efforts from Family and Youth Justice Programs, judges, lawyers, and various professionals within the juvenile court system.
Juvenile Dependency Court addresses cases where a child's safety and well-being are at risk due to inadequate care by parents or guardians. The court considers reports of potential harm and can initiate proceedings to determine the child’s best interest. If courts deem a child unsafe, the child may enter temporary foster care with relatives or designated families.
Key terminology includes child abuse, defined by law as harm inflicted by others, and dependency cases which focus on children facing potential or actual abuse or neglect. The court’s role extends to ensuring protection from both physical and emotional harm while examining any indicators of abuse or abandonment. This specialized court system functions distinctively from juvenile delinquency courts, which deal with minors charged with crimes. Ultimately, Juvenile Dependency Court aims to safeguard minors and guide them secure their well-being amidst family challenges and potential crises.
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