Glossary of Terms
Adjudication Hearing
Fact-finding proceeding in which the juvenile's responsibility
for the offense alleged must be established. The allegations must be proved - as
in a criminal trial - "beyond a reasonable doubt."
Answer Hearing
Special hearing to give the juvenile formal notice of
the charges and of his/her rights, to ascertain whether the juvenile has an attorney
and if necessary, appoint one, and to ask the juvenile to admit or deny the allegations.
Confidentiality Protections
Restriction by State juvenile code of access
to juvenile court hearings and court records in order to safeguard the privacy and
future prospects of the youth involved.
Consent Decree
An agreement by all parties (juvenile Probation Officer, judge,
attorney) to keep the juvenile under court supervision for a specified period of
time under certain negotiated terms and conditions. If the juvenile meets the terms
of the agreement the petition is withdrawn - there is no finding of guilt or innocence,
and no juvenile record is made. However, if the juvenile does not live up to the
terms of the agreement, the petition can be reinstated.
Delinquent Act
Offense or crime committed by a minor (Person under the age
of 18; in some States, under the age of 17 or 16)
Detention
Temporary and safe custody of juveniles who require a restricted
environment for their own or the community's protection while pending legal action.
Disposition
The court's order, similar to a sentence handed down in criminal
court, that sets out what is to be done in response to the delinquent adjudication.
Options might include probation supervision, community service, restitution and
other sanctions, residential placement or secure confinement.
Disposition Hearing
Proceeding held after juvenile has been adjudicated delinquent
(or found guilty of charges). Probation officer presents results of the investigation
and makes a recommendation to the judge about next steps for juvenile.
Diversion
Process of channeling a referred juvenile from formal juvenile
court processing to an alternative forum for resolution of the matter and/or a community-based
agency for help.
Due Process
Rights under the law: to be represented by an attorney; to confront
accusers and cross-examine witnesses; to be presented with specific written charges;
to remain silent; to appeal to a higher court. Juveniles do not have the right to
be released on bail or to be tried by a jury (some states do allow jury trial for
juveniles; juveniles are tried by jury when waived to adult or criminal court.)
Hearsay Evidence
Out of court statements that have not been tested by cross-examination.
(Statement offered for truth of matter-no way to authenticate.)
Intake
Process of gathering and assessing information prior to adjudication
hearing through interviews (juvenile, family, neighbors, etc.) and records review
to determine the following: whether the juvenile can be diverted ; whether the complaint
against the juvenile should become the subject of formal court action, and whether
or not the juvenile can be safely released in the meantime.
Juvenile
A minor, or person under the age of 18; in some states, person under
the age of 17 or 16.
Petition
Legal document filed with the juvenile court providing information
about the youth, the offense with which the youth is being charged and types of
dispositions.
Pre-disposition Report
Written summary of information along with a recommendation
made by probation department based on formal investigation of juvenile and his/her
background after youth has been adjudicated delinquent.
Probation Officer
Person who completes initial screening of juvenile to determine
how they should be processed, makes detention decisions on some of them, prepares
investigation reports, provides supervision, and delivers aftercare services to
many juvenile upon their release from institutions.
Probation Supervision
Period of time where juvenile offender remains in the
community and can continue normal activities while complying with certain monitored
conditions.
Restitution
Actions taken by juvenile offenders to compensate or restore
losses to victims and/or the community. Reparations can include financial, repair
of damages, personal services or community service.
Screening
Collection an analysis of information to identify youth who, because
of possible substance abuse, mental illness or other problems, might be cvandidates
for more thorough evaluations.
Status Offense
Juvenile who has committed an offense that is considered a
violation only because he/she is a minor. Examples: truancy, running away, "ungovernability",
violation of curfew.
Waive
To give up a right, claim or privilege.