C A S E P A T H : F A M I L Y C O U R T

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Every delinquency case starts in Youth Probation Services. The probation department will interview the young person, their family, the arresting police officer and the victim and make the initial decision about how to handle the case.

Probation can resolve cases without referring them to the state. Under adjustment, probation will monitor the child for up to 60 days.

During this period, the probation officer can impose rules or restrictions that the young person must follow in order for the case to be dismissed. Probation officers have total discretion over these conditions; they might require the child to make certain grades, to get a job, to take random drug tests, or to report in regularly.

There is no prosecutor for delinquency cases in family court; instead, there is a presentment agency. This is the entity that decides whether or not to pursue a case that probation was unable to resolve through adjustment.

After referral, the presentment agency decides whether to initiate court proceedings.

D I V E R S I O N

Diversion offers an alternative means to resolving cases outside of the family court system.

Diversion programs are usually administered by private companies or by nonprofits. These entities will develop program rules and treatment plans and also supervise the youth assigned to its program.. If the program is completed successfully, the case is resolved. If the program is not completed, the presentment agency may file a petition.

P E T I T I O N

When the presentment agency files a petition, it initiates family court proceedings against the child.

The family court will conduct a fact-finding hearing. At this hearing, the judge will determine if there is evidence sufficient to demonstrate that the child committed the offenses alleged in the petition beyond a reasonable doubt. The child has a constitutional right to a lawyer at this hearing.

If the judge finds that the youth committed the offenses beyond a reasonable doubt, the case will move to the disposition stage.

At this stage, the judge considers whether the young person is in need of supervision, treatment or confinement.

The judge reviews an Investigation & Report prepared by probation services. This report includes information about the youth's family situation, legal history, school history, their score on a risk assessment and other information about their behavior. The judge may order a mental health evaluation. Witnesses may testify at this stage.

If the judge finds that the youth is in need of supervision, treatment, or confinement, they will adjudicate the youth a juvenile delinquent and decide on a disposition outcome.