Behavior that can Subject a Juvenile to Court Action
Five Distinct Phases of the Juvenile Court Process
Filing of Petition
Referral to Intake
Fitness Hearing
Adjudication
Disposition


Juveniles may be referred to the juvenile court for law violations or behavior that is unlawful. The following are some types of behavior that can subject a juvenile to court action:

1. Skipping school
2. Making anonymous phone calls
3. Gambling for money
4. Staying out past curfew
5. Running away from home
6. Purchasing or drinking alcoholic beverages
7. Buying, using or selling illicit drugs
8. Setting fire to buildings or other property
9. Driving a car without a license or permit
10. Driving too fast or recklessly
11. Using threat of force to get something from someone else
12. Drag racing
13. Taking or riding in a person's car without permission
14. Taking any item from a store without paying for it
15. Carrying a dangerous weapon
16. Participating in a gang fight
17. Having a fist fight
18. Using or accepting something that another has taken without permission
19. Deliberately damaging or destroying another's property
20. Trespassing
21. Setting off a false fire alarm
22. Deliberately disobeying parents
23. Having sexual relations with a person of the opposite sex
24. Having homosexual relations
25. Breaking into or forcibly entering a residence or place of business

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There are five distinct phases of the juvenile court process:

I. Filing of Petition
II. Referral to Intake
III. Fitness Hearing
(Conducted if the minor may be subjected to general adult criminal law)
IV. Adjudication
V. Disposition

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I. Filing of Petition

A juvenile criminal investigation begins when law enforcement receives information from parents, social agencies, schools or private individuals. Once law enforcement conducts an investigation, a determination is made as to whether there is enough evidence to find the juvenile guilty of the crime. Law enforcement will forward this information to the juvenile probation office and then to the district attorney who will investigate and file the petition.

During the filing of the petition, the juvenile may be:

1. Counseled and released to their parents.
2. Referred and diverted to community resources such as social services.
3. Cited and referred to juvenile intake. Released to parents.
4. Transported to Juvenile Hall or a shelter.

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II. Referral to Intake

If the juvenile is cited or transported to juvenile hall, the matter will be screened to see if the case should be handled judicially (criminal charges filed) or nonjudicially (criminal charges not filed). If the case is handled judicially, there are four phases including petition filing, intake interview, adjudicatory hearing and disposition. In a nonjudicial handling, a petition is not filed and the parents and juvenile voluntarily agree to counseling or other community services and the juvenile might be placed on probation.

During the intake screening the juvenile is either:

1. Detained in Juvenile Hall prior to court appearance.
2. Released or referred to community resources.
3. Released to parents prior to court appearance.

If law enforcement requests to detain the juvenile, a detention hearing will occur within 72 hours. During the detention hearing, a judge determines whether continued detention is appropriate. After the detention hearing, the juvenile can either be released to the custody of their family or will remain in detention.

The National Advisory Committee for Juvenile Justice and Delinquency Prevention recommends that a juvenile should be detained if:

1. They are fugitives from another jurisdiction.
2. They present an immediate threat of serious physical injury.
3. They are charged with first or second-degree murder.
4. They are charged with a serious property crime or a crime of violence other than first or second degree murder, which, if committed by an adult, would be a felony, and
1. They are already detained or on conditioned release in connection with another delinquency proceeding.
2. They have a demonstrable recent record of willful failures to appear at any other court proceedings.
3. They have a demonstrable recent record of violent conduct resulting in physical injury to others.
4. They have a demonstrable recent record of adjudications for serious property offense.
5. There is no less restrictive alternative that will reduce the risk of flight, or of serious harm to property or to the physical safety of the juvenile or others.

If the juvenile is not detained and it is not a serious crime, law enforcement will generally forward the case to the probation department. The probation department can approve diversion or even dismissal. Diversion can be either total or partial. Total diversion is possible as an alternative to juvenile court involvement through a referral to another agency or a decision to drop the charges. Partial diversion occurs after the juvenile court contacts the juvenile and some type of informal supervision or treatment is given.

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III. Fitness Hearing

A fitness hearing is conducted to determine whether the minor is fit to be tried in a juvenile hearing. If the minor is found to be fit, considering relevant evidence and testimony, proceedings against the minor continue in the juvenile court. If the minor is found to be unfit, the juvenile court petition is dismissed and the prosecuting attorney is authorized to prosecute the minor under the general adult criminal law.

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IV. Adjudication

Once a case proceeds to juvenile court, a jurisdictional hearing is held in which the juvenile admits to or denies the allegations. If the juvenile admits to the allegations, they are sentenced by the juvenile court. If they deny the allegations, and the case is not resolved at a pre-heating conference, then an adjudication hearing is held. At an adjudication hearing, the district attorney presents the evidence to a juvenile court judge. At this hearing, the juvenile is guaranteed the rights of due process and privilege against self-incrimination.

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V. Disposition

After the trial is complete, and if the juvenile is convicted, a disposition hearing is conducted. The judge determines the appropriate penalties for the offense. Specific penalties include:

1. Release to family with a warning or repremand
2. Probation with conditions, such as:
   1. Imposition of a fine or restitution – reimbursing victim for damages
   2. Community service
   3. Referral to social agencies for counseling or treatment
3. Suspended Disposition (Sentencing at a later date)
4. Residential treatment centers
5. Placed in a foster or group home
6. Placement in secured facilities which can include Juvenile Hall, youth authority and camp ranch schools, boot camps and work camps

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DISCLAIMER
The statement above is not legal advice! This statement is not intended to be a correct statement of law in your jurisdiction. This statement is intended to give you a very general understanding of what is involved in this type of crime. Please consult an attorney to find out what law applies in your jurisdiction.