Partners In Justice A Guide to the Juvenile Justice System This project is supported by The Arc of North Carolina and the NC Council on Developmental Disabilities.

Partners In JusticePartners In Justice

A Guide to the Juvenile Justice A Guide to the Juvenile Justice SystemSystem

This project is supported by The Arc of North Carolina and the This project is supported by The Arc of North Carolina and the NC Council on Developmental Disabilities and the funds it receives through P.L. 106-402, the NC Council on Developmental Disabilities and the funds it receives through P.L. 106-402, the Developmental Disabilities Assistance and Bill of Rights Act of 2000.Developmental Disabilities Assistance and Bill of Rights Act of 2000.

IntroductionIntroductionIntroductionIntroduction

““DJJDP(‘s) . . . comprehensive strategy . DJJDP(‘s) . . . comprehensive strategy . . . focuses to strengthen families, . . focuses to strengthen families, promote delinquency prevention, promote delinquency prevention, support core social institutions, support core social institutions, intervene immediately and effectively intervene immediately and effectively when delinquent behavior occurs, and when delinquent behavior occurs, and identify and control the small group of identify and control the small group of serious, violent, and chronic juvenile serious, violent, and chronic juvenile offenders in the local communities.” offenders in the local communities.” (NCDJJDP website overview) (NCDJJDP website overview)

““DJJDP(‘s) . . . comprehensive strategy . DJJDP(‘s) . . . comprehensive strategy . . . focuses to strengthen families, . . focuses to strengthen families, promote delinquency prevention, promote delinquency prevention, support core social institutions, support core social institutions, intervene immediately and effectively intervene immediately and effectively when delinquent behavior occurs, and when delinquent behavior occurs, and identify and control the small group of identify and control the small group of serious, violent, and chronic juvenile serious, violent, and chronic juvenile offenders in the local communities.” offenders in the local communities.” (NCDJJDP website overview) (NCDJJDP website overview)

Complaint: Complaint: Complaint: Complaint:

Undisciplined – runaway, truant from Undisciplined – runaway, truant from school, beyond the disciplinary school, beyond the disciplinary control of parents control of parents oror

Delinquent – has committed an Delinquent – has committed an offense that would be a crime if offense that would be a crime if committed by an adultcommitted by an adult

Undisciplined – runaway, truant from Undisciplined – runaway, truant from school, beyond the disciplinary school, beyond the disciplinary control of parents control of parents oror

Delinquent – has committed an Delinquent – has committed an offense that would be a crime if offense that would be a crime if committed by an adultcommitted by an adult

An allegation by a citizen or law An allegation by a citizen or law enforcement officer that a juvenile is:enforcement officer that a juvenile is:An allegation by a citizen or law An allegation by a citizen or law enforcement officer that a juvenile is:enforcement officer that a juvenile is:

Complaint (cont.)Complaint (cont.)Complaint (cont.)Complaint (cont.)

Undisciplined Undisciplined Youth at least six years of age and less than Youth at least six years of age and less than

16 who are:16 who are: truant from school, truant from school, runaway for more than 24 hours, or runaway for more than 24 hours, or beyond the control of their parents. beyond the control of their parents.

Youth who are 16 and 17 who are runaway or Youth who are 16 and 17 who are runaway or beyond the control of their parents.beyond the control of their parents.

DelinquentDelinquent Youth at least six years of age and less than Youth at least six years of age and less than

16 who commit a crime.16 who commit a crime.

Undisciplined Undisciplined Youth at least six years of age and less than Youth at least six years of age and less than

16 who are:16 who are: truant from school, truant from school, runaway for more than 24 hours, or runaway for more than 24 hours, or beyond the control of their parents. beyond the control of their parents.

Youth who are 16 and 17 who are runaway or Youth who are 16 and 17 who are runaway or beyond the control of their parents.beyond the control of their parents.

DelinquentDelinquent Youth at least six years of age and less than Youth at least six years of age and less than

16 who commit a crime.16 who commit a crime.

Law EnforcementLaw Enforcement InvestigationInvestigationLaw EnforcementLaw Enforcement InvestigationInvestigation

A youth under the age of 14 must have a A youth under the age of 14 must have a parent or guardian present at parent or guardian present at questioning.questioning.

For youth who are age 14 and older, the For youth who are age 14 and older, the youth can waive the right to have parent youth can waive the right to have parent or guardian present.or guardian present.

A youth under the age of 14 must have a A youth under the age of 14 must have a parent or guardian present at parent or guardian present at questioning.questioning.

For youth who are age 14 and older, the For youth who are age 14 and older, the youth can waive the right to have parent youth can waive the right to have parent or guardian present.or guardian present.

Law Enforcement InvestigationLaw Enforcement InvestigationLaw Enforcement InvestigationLaw Enforcement Investigation

May lead toMay lead to Temporary custody of the juvenile Temporary custody of the juvenile Diversion of the juvenileDiversion of the juvenile- Release to parent or guardian Release to parent or guardian - Referral to a community resourceReferral to a community resource

Referral to juvenile court intakeReferral to juvenile court intake Secure or non-secure custodySecure or non-secure custody

May lead toMay lead to Temporary custody of the juvenile Temporary custody of the juvenile Diversion of the juvenileDiversion of the juvenile- Release to parent or guardian Release to parent or guardian - Referral to a community resourceReferral to a community resource

Referral to juvenile court intakeReferral to juvenile court intake Secure or non-secure custodySecure or non-secure custody

Temporary CustodyTemporary CustodyG.S. 7B-1900, 7B-1901G.S. 7B-1900, 7B-1901

Temporary CustodyTemporary CustodyG.S. 7B-1900, 7B-1901G.S. 7B-1900, 7B-1901

Grounds would exist for arrest of an adult, orGrounds would exist for arrest of an adult, or There are reasonable grounds to believe the There are reasonable grounds to believe the

juvenile:juvenile: is undisciplinedis undisciplined has escaped from a detention facility or has escaped from a detention facility or

any residential facility operated by the any residential facility operated by the Department of Juvenile Justice and Department of Juvenile Justice and Delinquency PreventionDelinquency Prevention

Grounds would exist for arrest of an adult, orGrounds would exist for arrest of an adult, or There are reasonable grounds to believe the There are reasonable grounds to believe the

juvenile:juvenile: is undisciplinedis undisciplined has escaped from a detention facility or has escaped from a detention facility or

any residential facility operated by the any residential facility operated by the Department of Juvenile Justice and Department of Juvenile Justice and Delinquency PreventionDelinquency Prevention

Officer may assume temporary Officer may assume temporary custody without a court order if:custody without a court order if:

Fingerprints and PhotographsFingerprints and PhotographsFingerprints and PhotographsFingerprints and Photographs

The juvenile is in physical custody of law The juvenile is in physical custody of law enforcement or DJJDP;enforcement or DJJDP;

The juvenile allegedly committed a non-The juvenile allegedly committed a non-divertible offense;divertible offense;

The juvenile is at least 10 years old, The juvenile is at least 10 years old, andand A complaint has been prepared for filing as a A complaint has been prepared for filing as a

petitionpetition

The juvenile is in physical custody of law The juvenile is in physical custody of law enforcement or DJJDP;enforcement or DJJDP;

The juvenile allegedly committed a non-The juvenile allegedly committed a non-divertible offense;divertible offense;

The juvenile is at least 10 years old, The juvenile is at least 10 years old, andand A complaint has been prepared for filing as a A complaint has been prepared for filing as a

petitionpetition

An officer An officer mustmust fingerprint and photograph fingerprint and photograph a juvenile if:a juvenile if:

Non-divertible OffensesNon-divertible OffensesG.S. 7B-1701G.S. 7B-1701

Non-divertible OffensesNon-divertible OffensesG.S. 7B-1701G.S. 7B-1701

MurderMurder RapeRape Sexual offenseSexual offense ArsonArson Felony drug offenseFelony drug offense First degree burglaryFirst degree burglary Crime against natureCrime against nature A felony involving infliction of serious A felony involving infliction of serious

injury or committed with a deadly weaponinjury or committed with a deadly weapon

MurderMurder RapeRape Sexual offenseSexual offense ArsonArson Felony drug offenseFelony drug offense First degree burglaryFirst degree burglary Crime against natureCrime against nature A felony involving infliction of serious A felony involving infliction of serious

injury or committed with a deadly weaponinjury or committed with a deadly weapon

Fingerprints and PhotographsFingerprints and PhotographsMust be Destroyed if:Must be Destroyed if:

Fingerprints and PhotographsFingerprints and PhotographsMust be Destroyed if:Must be Destroyed if:

No probable cause is found and the charge is No probable cause is found and the charge is dismissed, ordismissed, or

Juvenile is not adjudicated delinquent for Juvenile is not adjudicated delinquent for any offense. any offense.

Fingerprints and photographs are Fingerprints and photographs are notnot destroyed if:destroyed if:

Juvenile is adjudicated delinquent.Juvenile is adjudicated delinquent.

Fingerprints are sent to the SBI only if Fingerprints are sent to the SBI only if adjudication is for a felony.adjudication is for a felony.

No probable cause is found and the charge is No probable cause is found and the charge is dismissed, ordismissed, or

Juvenile is not adjudicated delinquent for Juvenile is not adjudicated delinquent for any offense. any offense.

Fingerprints and photographs are Fingerprints and photographs are notnot destroyed if:destroyed if:

Juvenile is adjudicated delinquent.Juvenile is adjudicated delinquent.

Fingerprints are sent to the SBI only if Fingerprints are sent to the SBI only if adjudication is for a felony.adjudication is for a felony.

Court CounselorCourt Counselor The Intake ProcessThe Intake ProcessCourt CounselorCourt Counselor The Intake ProcessThe Intake Process

Court Counselor AuthorityCourt Counselor AuthorityCourt Counselor AuthorityCourt Counselor Authority

Serve necessary court papers relating Serve necessary court papers relating to undisciplined or delinquent youth.to undisciplined or delinquent youth.

Assume custody of juveniles when Assume custody of juveniles when necessary and use reasonable force/ necessary and use reasonable force/ restraint to do so.restraint to do so.

Determine whether a complaint should Determine whether a complaint should be filed as a petition or diverted/closed.be filed as a petition or diverted/closed.

Serve necessary court papers relating Serve necessary court papers relating to undisciplined or delinquent youth.to undisciplined or delinquent youth.

Assume custody of juveniles when Assume custody of juveniles when necessary and use reasonable force/ necessary and use reasonable force/ restraint to do so.restraint to do so.

Determine whether a complaint should Determine whether a complaint should be filed as a petition or diverted/closed.be filed as a petition or diverted/closed.

Court Counselor Authority con’tCourt Counselor Authority con’tCourt Counselor Authority con’tCourt Counselor Authority con’t

Conduct visits (home, school, work, Conduct visits (home, school, work, community) to assure successful community) to assure successful completion of probation.completion of probation.

File motions for the court to re-review File motions for the court to re-review the original disposition of the case.the original disposition of the case.

File report of violations of probation for File report of violations of probation for court review.court review.

Conduct visits (home, school, work, Conduct visits (home, school, work, community) to assure successful community) to assure successful completion of probation.completion of probation.

File motions for the court to re-review File motions for the court to re-review the original disposition of the case.the original disposition of the case.

File report of violations of probation for File report of violations of probation for court review.court review.

Court Counselor ResponsibilitiesCourt Counselor ResponsibilitiesCourt Counselor ResponsibilitiesCourt Counselor Responsibilities

Prepare written reports for the court, Prepare written reports for the court, including Risk Assessment and Needs including Risk Assessment and Needs Assessment.Assessment.

Develop Plan of Service based on the Develop Plan of Service based on the Needs Assessment.Needs Assessment.

Advocate for youth with court, schools, Advocate for youth with court, schools, and local service programs, as needed.and local service programs, as needed.

Prepare written reports for the court, Prepare written reports for the court, including Risk Assessment and Needs including Risk Assessment and Needs Assessment.Assessment.

Develop Plan of Service based on the Develop Plan of Service based on the Needs Assessment.Needs Assessment.

Advocate for youth with court, schools, Advocate for youth with court, schools, and local service programs, as needed.and local service programs, as needed.

Court Counselor ResponsibilityCourt Counselor ResponsibilityCourt Counselor ResponsibilityCourt Counselor Responsibility

Furnish parent/youth copies of Furnish parent/youth copies of probation conditions.probation conditions.

Meet regularly with youth on probation.Meet regularly with youth on probation.

Assist in development of post-release Assist in development of post-release supervision plans.supervision plans.

Document case activities and progress.Document case activities and progress.

Furnish parent/youth copies of Furnish parent/youth copies of probation conditions.probation conditions.

Meet regularly with youth on probation.Meet regularly with youth on probation.

Assist in development of post-release Assist in development of post-release supervision plans.supervision plans.

Document case activities and progress.Document case activities and progress.

Intake - Intake - Court Counselor Decides:Court Counselor Decides:Intake - Intake - Court Counselor Decides:Court Counselor Decides: Is the complaint within the Is the complaint within the

jurisdiction of the court?jurisdiction of the court?

Is there legal sufficiency for the Is there legal sufficiency for the complaint?complaint?

Is the complaint frivolous?Is the complaint frivolous?

Is the complaint a non-divertible Is the complaint a non-divertible offense?offense?

Is the complaint within the Is the complaint within the jurisdiction of the court?jurisdiction of the court?

Is there legal sufficiency for the Is there legal sufficiency for the complaint?complaint?

Is the complaint frivolous?Is the complaint frivolous?

Is the complaint a non-divertible Is the complaint a non-divertible offense?offense?

Intake Evaluation OptionsIntake Evaluation OptionsIntake Evaluation OptionsIntake Evaluation Options

Approve complaint for court.Approve complaint for court.

Retain the case and divert from court Retain the case and divert from court with a plan or a contract – referral for with a plan or a contract – referral for service.service.

Close the case.Close the case.

Diversions may be appealed to the DA.Diversions may be appealed to the DA.

Approve complaint for court.Approve complaint for court.

Retain the case and divert from court Retain the case and divert from court with a plan or a contract – referral for with a plan or a contract – referral for service.service.

Close the case.Close the case.

Diversions may be appealed to the DA.Diversions may be appealed to the DA.

Intake Decision CriteriaIntake Decision CriteriaIntake Decision CriteriaIntake Decision Criteria Protection of the community;Protection of the community;

The seriousness of the offense;The seriousness of the offense;

The juvenile’s previous record of The juvenile’s previous record of involvement with the legal system, involvement with the legal system, including previous diversions; andincluding previous diversions; and

The juvenile’s behavior at home, in The juvenile’s behavior at home, in school, and in the community.school, and in the community.

Protection of the community;Protection of the community;

The seriousness of the offense;The seriousness of the offense;

The juvenile’s previous record of The juvenile’s previous record of involvement with the legal system, involvement with the legal system, including previous diversions; andincluding previous diversions; and

The juvenile’s behavior at home, in The juvenile’s behavior at home, in school, and in the community.school, and in the community.

Intake Decision CriteriaIntake Decision Criteria - - (cont’d)(cont’d)Intake Decision CriteriaIntake Decision Criteria - - (cont’d)(cont’d)

The ability of the juvenile and the The ability of the juvenile and the juvenile’s family to use resources;juvenile’s family to use resources;

Consideration of the victim;Consideration of the victim;

The juvenile’s age; andThe juvenile’s age; and

The juvenile’s culpability in the alleged The juvenile’s culpability in the alleged complaint.complaint.

The ability of the juvenile and the The ability of the juvenile and the juvenile’s family to use resources;juvenile’s family to use resources;

Consideration of the victim;Consideration of the victim;

The juvenile’s age; andThe juvenile’s age; and

The juvenile’s culpability in the alleged The juvenile’s culpability in the alleged complaint.complaint.

Diversion PlansDiversion PlansDiversion PlansDiversion Plans

A Diversion Plan may include:A Diversion Plan may include: use of community resources use of community resources

including mental health services;including mental health services; restitution;restitution; community service;community service; victim-offender reconciliation;victim-offender reconciliation; teen court, in limited circumstances, teen court, in limited circumstances,

OROR

A Diversion Plan may include:A Diversion Plan may include: use of community resources use of community resources

including mental health services;including mental health services; restitution;restitution; community service;community service; victim-offender reconciliation;victim-offender reconciliation; teen court, in limited circumstances, teen court, in limited circumstances,

OROR

Diversion Plans and ContractsDiversion Plans and Contracts -- (cont’d)(cont’d)Diversion Plans and ContractsDiversion Plans and Contracts -- (cont’d)(cont’d)

A court counselor may enter into a A court counselor may enter into a “diversion contract” with the juvenile “diversion contract” with the juvenile and the parent, guardian, or custodian, and the parent, guardian, or custodian, when it is determined that a higher when it is determined that a higher degree of accountability is required.degree of accountability is required.

A court counselor may enter into a A court counselor may enter into a “diversion contract” with the juvenile “diversion contract” with the juvenile and the parent, guardian, or custodian, and the parent, guardian, or custodian, when it is determined that a higher when it is determined that a higher degree of accountability is required.degree of accountability is required.

Diversion Contract Follow-upDiversion Contract Follow-upDiversion Contract Follow-upDiversion Contract Follow-up

Within 60 days, counselor must determine whether Within 60 days, counselor must determine whether juvenile and parent have complied with contract.juvenile and parent have complied with contract.

Counselor may monitor diversion contract for up Counselor may monitor diversion contract for up to six months.to six months.

Petition may be filed if juvenile does not comply Petition may be filed if juvenile does not comply with contract.with contract.

Must retain the contract until juvenile is 18 years Must retain the contract until juvenile is 18 years old or out of the court’s jurisdiction, whichever is old or out of the court’s jurisdiction, whichever is later.later.

Within 60 days, counselor must determine whether Within 60 days, counselor must determine whether juvenile and parent have complied with contract.juvenile and parent have complied with contract.

Counselor may monitor diversion contract for up Counselor may monitor diversion contract for up to six months.to six months.

Petition may be filed if juvenile does not comply Petition may be filed if juvenile does not comply with contract.with contract.

Must retain the contract until juvenile is 18 years Must retain the contract until juvenile is 18 years old or out of the court’s jurisdiction, whichever is old or out of the court’s jurisdiction, whichever is later.later.

Secure Custody CriteriaSecure Custody CriteriaSecure Custody CriteriaSecure Custody Criteria

Demonstrated danger to property or persons Demonstrated danger to property or persons and charged with a felony; orand charged with a felony; or

Demonstrated danger to persons and charged Demonstrated danger to persons and charged with a misdemeanor with: with a misdemeanor with: an element of assault, or an element of assault, or a threat to use or used a deadly weapon; ora threat to use or used a deadly weapon; or

Failed to appear for court after receiving Failed to appear for court after receiving notice; ornotice; or

Demonstrated danger to property or persons Demonstrated danger to property or persons and charged with a felony; orand charged with a felony; or

Demonstrated danger to persons and charged Demonstrated danger to persons and charged with a misdemeanor with: with a misdemeanor with: an element of assault, or an element of assault, or a threat to use or used a deadly weapon; ora threat to use or used a deadly weapon; or

Failed to appear for court after receiving Failed to appear for court after receiving notice; ornotice; or

Secure Custody CriteriaSecure Custody Criteria - - (cont’d)(cont’d)Secure Custody CriteriaSecure Custody Criteria - - (cont’d)(cont’d)

Charged with a delinquent offense and Charged with a delinquent offense and the judge has reasonable cause to the judge has reasonable cause to believe juvenile will not appear.believe juvenile will not appear.

Absconded from a DJJDP facility or Absconded from a DJJDP facility or such a facility in another state;such a facility in another state;

Detained for self-protection (special Detained for self-protection (special circumstance);circumstance);

Charged with a delinquent offense and Charged with a delinquent offense and the judge has reasonable cause to the judge has reasonable cause to believe juvenile will not appear.believe juvenile will not appear.

Absconded from a DJJDP facility or Absconded from a DJJDP facility or such a facility in another state;such a facility in another state;

Detained for self-protection (special Detained for self-protection (special circumstance);circumstance);

Secure Custody Criteria - Secure Custody Criteria - (cont’d)(cont’d)Secure Custody Criteria - Secure Custody Criteria - (cont’d)(cont’d)

Ran away – can be held for up to 24 Ran away – can be held for up to 24 hours to facilitate return to parent;hours to facilitate return to parent;

Undisciplined and failed to appear Undisciplined and failed to appear having received notice; and/or having received notice; and/or

Violated Probation – and is alleged to Violated Probation – and is alleged to have damaged property or injured have damaged property or injured persons.persons.

Ran away – can be held for up to 24 Ran away – can be held for up to 24 hours to facilitate return to parent;hours to facilitate return to parent;

Undisciplined and failed to appear Undisciplined and failed to appear having received notice; and/or having received notice; and/or

Violated Probation – and is alleged to Violated Probation – and is alleged to have damaged property or injured have damaged property or injured persons.persons.

The Court ProcessThe Court ProcessHearingsHearings

The Court ProcessThe Court ProcessHearingsHearings

Secure Custody HearingsSecure Custody HearingsSecure Custody HearingsSecure Custody Hearings

To review need for secure custody.To review need for secure custody.

Initial hearing held within 5 days of Initial hearing held within 5 days of commitment to secure custody.commitment to secure custody.

Hearings to determine need for Hearings to determine need for continued custody at least every 10 continued custody at least every 10 days after initial custody hearing. The days after initial custody hearing. The youth must be present for hearings.youth must be present for hearings.

To review need for secure custody.To review need for secure custody.

Initial hearing held within 5 days of Initial hearing held within 5 days of commitment to secure custody.commitment to secure custody.

Hearings to determine need for Hearings to determine need for continued custody at least every 10 continued custody at least every 10 days after initial custody hearing. The days after initial custody hearing. The youth must be present for hearings.youth must be present for hearings.

Hearings for Felony PetitionsHearings for Felony PetitionsHearings for Felony PetitionsHearings for Felony Petitions

Inform the juvenile of the allegations;Inform the juvenile of the allegations; Confirm the juvenile has an appointed or Confirm the juvenile has an appointed or

retained attorney;retained attorney; Inform the juvenile of date of probable Inform the juvenile of date of probable

cause hearing; andcause hearing; and Inform parents of the requirement to Inform parents of the requirement to

attend all hearings.attend all hearings.

Inform the juvenile of the allegations;Inform the juvenile of the allegations; Confirm the juvenile has an appointed or Confirm the juvenile has an appointed or

retained attorney;retained attorney; Inform the juvenile of date of probable Inform the juvenile of date of probable

cause hearing; andcause hearing; and Inform parents of the requirement to Inform parents of the requirement to

attend all hearings.attend all hearings.

First Appearance hearing within 10 First Appearance hearing within 10 days to:days to:

Hearings for Felony PetitionsHearings for Felony Petitions - - (cont’d)(cont’d)Hearings for Felony PetitionsHearings for Felony Petitions - - (cont’d)(cont’d)

Probable CauseProbable Cause hearing is held if the hearing is held if the juvenile is 13 or older.juvenile is 13 or older.

If probable cause is found, a transfer If probable cause is found, a transfer hearing is scheduled upon motion or if hearing is scheduled upon motion or if required by statute.required by statute.

If probable cause is not found, case is If probable cause is not found, case is dismissed or adjudicated on lesser dismissed or adjudicated on lesser included offense.included offense.

Probable CauseProbable Cause hearing is held if the hearing is held if the juvenile is 13 or older.juvenile is 13 or older.

If probable cause is found, a transfer If probable cause is found, a transfer hearing is scheduled upon motion or if hearing is scheduled upon motion or if required by statute.required by statute.

If probable cause is not found, case is If probable cause is not found, case is dismissed or adjudicated on lesser dismissed or adjudicated on lesser included offense.included offense.

Hearings for Felony PetitionsHearings for Felony Petitions - - (cont’d)(cont’d) Hearings for Felony PetitionsHearings for Felony Petitions - - (cont’d)(cont’d)

Transfer Hearing: Transfer Hearing: Court determines if protection of the public Court determines if protection of the public

and the needs of the juvenile will be served and the needs of the juvenile will be served by transfer to superior court.by transfer to superior court.

Factors for court to consider are set in Factors for court to consider are set in statute.statute.

A juvenile transferred and convicted in A juvenile transferred and convicted in superior court will be prosecuted as an superior court will be prosecuted as an adult.adult.

Transfer Hearing: Transfer Hearing: Court determines if protection of the public Court determines if protection of the public

and the needs of the juvenile will be served and the needs of the juvenile will be served by transfer to superior court.by transfer to superior court.

Factors for court to consider are set in Factors for court to consider are set in statute.statute.

A juvenile transferred and convicted in A juvenile transferred and convicted in superior court will be prosecuted as an superior court will be prosecuted as an adult.adult.

Hearings for Felony PetitionsHearings for Felony Petitions - - (cont’d)(cont’d) Hearings for Felony PetitionsHearings for Felony Petitions - - (cont’d)(cont’d)

Adjudication Hearing Adjudication Hearing determines if the determines if the facts alleged in the petition are true.facts alleged in the petition are true.

Juvenile has right to appointed counsel Juvenile has right to appointed counsel for delinquency cases or for contempt for delinquency cases or for contempt hearings in undisciplined cases.hearings in undisciplined cases.

Rules of evidence are the same as in Rules of evidence are the same as in adult criminal cases.adult criminal cases.

Adjudication Hearing Adjudication Hearing determines if the determines if the facts alleged in the petition are true.facts alleged in the petition are true.

Juvenile has right to appointed counsel Juvenile has right to appointed counsel for delinquency cases or for contempt for delinquency cases or for contempt hearings in undisciplined cases.hearings in undisciplined cases.

Rules of evidence are the same as in Rules of evidence are the same as in adult criminal cases.adult criminal cases.

Adjudication Hearing Adjudication Hearing - - (cont’d)(cont’d)Adjudication Hearing Adjudication Hearing - - (cont’d)(cont’d)

Standard of proof Standard of proof

– Delinquent petition - beyond a Delinquent petition - beyond a reasonable doubtreasonable doubt

– Undisciplined petition – clear and Undisciplined petition – clear and convincing evidenceconvincing evidence

Standard of proof Standard of proof

– Delinquent petition - beyond a Delinquent petition - beyond a reasonable doubtreasonable doubt

– Undisciplined petition – clear and Undisciplined petition – clear and convincing evidenceconvincing evidence

DispositionDispositionDispositionDisposition

Purpose of DispositionPurpose of DispositionPurpose of DispositionPurpose of Disposition

To meet the needs of the To meet the needs of the juvenilejuvenile

To protect the publicTo protect the public

To meet the needs of the To meet the needs of the juvenilejuvenile

To protect the publicTo protect the public

DispositionsDispositionsDispositionsDispositions

Parent, guardian and juvenile Parent, guardian and juvenile mustmust comply with court orders comply with court orders

Court orders may include Court orders may include consequences, treatment, consequences, treatment, training and rehabilitation training and rehabilitation requirements, such as requirements, such as community service and community service and restitution.restitution.

Parent, guardian and juvenile Parent, guardian and juvenile mustmust comply with court orders comply with court orders

Court orders may include Court orders may include consequences, treatment, consequences, treatment, training and rehabilitation training and rehabilitation requirements, such as requirements, such as community service and community service and restitution.restitution.

Dispositions for Undisciplined JuvenilesDispositions for Undisciplined JuvenilesDispositions for Undisciplined JuvenilesDispositions for Undisciplined Juveniles

Dismiss the case.Dismiss the case.

Continue the case for up to 6 months Continue the case for up to 6 months to allow family to take appropriate to allow family to take appropriate action.action.

Order evaluation; final disposition Order evaluation; final disposition postponed until evaluation postponed until evaluation completed. completed.

Refer juveniles with mental illness or Refer juveniles with mental illness or developmental disabilities to local developmental disabilities to local mental health director.mental health director.

Dismiss the case.Dismiss the case.

Continue the case for up to 6 months Continue the case for up to 6 months to allow family to take appropriate to allow family to take appropriate action.action.

Order evaluation; final disposition Order evaluation; final disposition postponed until evaluation postponed until evaluation completed. completed.

Refer juveniles with mental illness or Refer juveniles with mental illness or developmental disabilities to local developmental disabilities to local mental health director.mental health director.

Dispositions for Undisciplined Dispositions for Undisciplined Juveniles - Juveniles - (cont’d)(cont’d)

Dispositions for Undisciplined Dispositions for Undisciplined Juveniles - Juveniles - (cont’d)(cont’d)

Supervision in own homeSupervision in own home

Change in custodyChange in custody

Release from compulsory school Release from compulsory school attendance pursuant to court-approved attendance pursuant to court-approved planplan

Protective supervision up to 3 months Protective supervision up to 3 months with conditions; possible 3-month with conditions; possible 3-month extensionextension

Supervision in own homeSupervision in own home

Change in custodyChange in custody

Release from compulsory school Release from compulsory school attendance pursuant to court-approved attendance pursuant to court-approved planplan

Protective supervision up to 3 months Protective supervision up to 3 months with conditions; possible 3-month with conditions; possible 3-month extensionextension

Disposition for Disposition for Delinquent JuvenilesDelinquent Juveniles

Disposition for Disposition for Delinquent JuvenilesDelinquent Juveniles

Dismiss the caseDismiss the case Continue case for up to 6 months to Continue case for up to 6 months to

allow family to take appropriate actionallow family to take appropriate action

Order evaluation; hold hearing on Order evaluation; hold hearing on treatmenttreatment

Refer juvenile with mental illness or Refer juvenile with mental illness or developmental disabilities to local developmental disabilities to local mental health directormental health director

Dismiss the caseDismiss the case Continue case for up to 6 months to Continue case for up to 6 months to

allow family to take appropriate actionallow family to take appropriate action

Order evaluation; hold hearing on Order evaluation; hold hearing on treatmenttreatment

Refer juvenile with mental illness or Refer juvenile with mental illness or developmental disabilities to local developmental disabilities to local mental health directormental health director

Disposition for Disposition for Delinquent Juveniles - Delinquent Juveniles - (cont’d)(cont’d)

Disposition for Disposition for Delinquent Juveniles - Delinquent Juveniles - (cont’d)(cont’d)

Options outlined in the dispositional Options outlined in the dispositional chart chart Placement on the chart is based on the Placement on the chart is based on the

seriousness of the offense (Level of seriousness of the offense (Level of Charge) and delinquency history (prior Charge) and delinquency history (prior offenses rated by points) of the offenses rated by points) of the juvenile.juvenile.

Options outlined in the dispositional Options outlined in the dispositional chart chart Placement on the chart is based on the Placement on the chart is based on the

seriousness of the offense (Level of seriousness of the offense (Level of Charge) and delinquency history (prior Charge) and delinquency history (prior offenses rated by points) of the offenses rated by points) of the juvenile.juvenile.

Disposition levelsDisposition levelsDisposition levelsDisposition levels

– Level 1 Community Disposition Level 1 Community Disposition (Includes probation)(Includes probation)

– Level 2 Intermediate Disposition Level 2 Intermediate Disposition (Includes probation/more severe (Includes probation/more severe intervention)intervention)

– Level 3 Commitment (Youth Level 3 Commitment (Youth Development Centers)Development Centers)

– Level 1 Community Disposition Level 1 Community Disposition (Includes probation)(Includes probation)

– Level 2 Intermediate Disposition Level 2 Intermediate Disposition (Includes probation/more severe (Includes probation/more severe intervention)intervention)

– Level 3 Commitment (Youth Level 3 Commitment (Youth Development Centers)Development Centers)

Minor ChargesMinor Charges(Class 1, 2, 3 Misdemeanors)(Class 1, 2, 3 Misdemeanors)

Minor ChargesMinor Charges(Class 1, 2, 3 Misdemeanors)(Class 1, 2, 3 Misdemeanors)

Level 1 – Low History:Level 1 – Low History: Community based programCommunity based program Community service up to $100 hoursCommunity service up to $100 hours Restitution up to $500Restitution up to $500 Suspension of driver’s licenseSuspension of driver’s license CurfewCurfew Counseling including intensive SA Counseling including intensive SA

treatmenttreatment Regular ProbationRegular Probation

Level 1 – Low History:Level 1 – Low History: Community based programCommunity based program Community service up to $100 hoursCommunity service up to $100 hours Restitution up to $500Restitution up to $500 Suspension of driver’s licenseSuspension of driver’s license CurfewCurfew Counseling including intensive SA Counseling including intensive SA

treatmenttreatment Regular ProbationRegular Probation

Serious ChargesSerious Charges(Class F-I Felonies & A1 Misdemeanors)(Class F-I Felonies & A1 Misdemeanors)

Serious ChargesSerious Charges(Class F-I Felonies & A1 Misdemeanors)(Class F-I Felonies & A1 Misdemeanors)

Level 2 – Medium HistoryLevel 2 – Medium History Eckerd wilderness CampEckerd wilderness Camp Structured Day ProgramStructured Day Program Community Service (100-200 hours)Community Service (100-200 hours) Restitution of more than $500Restitution of more than $500 Regimented Training ProgramRegimented Training Program Intensive Supervision ProbationIntensive Supervision Probation House Arrest with/without electronic House Arrest with/without electronic

monitoringmonitoring Multi-purpose group homeMulti-purpose group home

Level 2 – Medium HistoryLevel 2 – Medium History Eckerd wilderness CampEckerd wilderness Camp Structured Day ProgramStructured Day Program Community Service (100-200 hours)Community Service (100-200 hours) Restitution of more than $500Restitution of more than $500 Regimented Training ProgramRegimented Training Program Intensive Supervision ProbationIntensive Supervision Probation House Arrest with/without electronic House Arrest with/without electronic

monitoringmonitoring Multi-purpose group homeMulti-purpose group home

Violent ChargesViolent Charges(Class A-E Felonies)(Class A-E Felonies)Violent ChargesViolent Charges(Class A-E Felonies)(Class A-E Felonies)

Level 3 – High HistoryLevel 3 – High History CommitmentCommitment

Level 3 – Medium HistoryLevel 3 – Medium History CommitmentCommitment

Level 1 – Low HistoryLevel 1 – Low History Eckerd Wilderness CampEckerd Wilderness Camp Structured Day ProgramStructured Day Program

Level 3 – High HistoryLevel 3 – High History CommitmentCommitment

Level 3 – Medium HistoryLevel 3 – Medium History CommitmentCommitment

Level 1 – Low HistoryLevel 1 – Low History Eckerd Wilderness CampEckerd Wilderness Camp Structured Day ProgramStructured Day Program

CommitmentCommitmentCommitmentCommitment

Minimum of 6 monthsMinimum of 6 months

Up to 18Up to 18thth, 19, 19thth or 21 or 21stst birthday – birthday – depending on offensedepending on offense

Upon release, minimum of 90 days Upon release, minimum of 90 days post release supervisionpost release supervision

Jurisdiction terminated by courtJurisdiction terminated by court

Minimum of 6 monthsMinimum of 6 months

Up to 18Up to 18thth, 19, 19thth or 21 or 21stst birthday – birthday – depending on offensedepending on offense

Upon release, minimum of 90 days Upon release, minimum of 90 days post release supervisionpost release supervision

Jurisdiction terminated by courtJurisdiction terminated by court

Youth Development CentersYouth Development CentersYouth Development CentersYouth Development Centers

What happens when a juvenile is What happens when a juvenile is committed to a YDC? committed to a YDC?

First Stop: Assessment CenterFirst Stop: Assessment CenterPhysical HealthPhysical HealthMental HealthMental HealthPsychological HealthPsychological HealthEducational AchievementEducational AchievementVocational Interest and AptitudeVocational Interest and Aptitude

What happens when a juvenile is What happens when a juvenile is committed to a YDC? committed to a YDC?

First Stop: Assessment CenterFirst Stop: Assessment CenterPhysical HealthPhysical HealthMental HealthMental HealthPsychological HealthPsychological HealthEducational AchievementEducational AchievementVocational Interest and AptitudeVocational Interest and Aptitude

Plan of CarePlan of CarePlan of CarePlan of Care

Information from various evaluations Information from various evaluations blended and summarizedblended and summarized

Recommendations for treatment and Recommendations for treatment and education education

Referrals for screening or to the IEP Referrals for screening or to the IEP team for Exceptional Children’s team for Exceptional Children’s ServicesServices

Selection of facility assignment based Selection of facility assignment based upon recommendationsupon recommendations

Information from various evaluations Information from various evaluations blended and summarizedblended and summarized

Recommendations for treatment and Recommendations for treatment and education education

Referrals for screening or to the IEP Referrals for screening or to the IEP team for Exceptional Children’s team for Exceptional Children’s ServicesServices

Selection of facility assignment based Selection of facility assignment based upon recommendationsupon recommendations

Services in the YouthServices in the YouthDevelopment CentersDevelopment CentersServices in the YouthServices in the YouthDevelopment CentersDevelopment Centers

Health ServicesHealth ServicesRecreation Recreation TreatmentTreatment

Substance AbuseSubstance Abuse Sex OffenderSex Offender Anger ManagementAnger Management Victim EmpathyVictim Empathy Cognitive Behavioral RestructuringCognitive Behavioral Restructuring

Health ServicesHealth ServicesRecreation Recreation TreatmentTreatment

Substance AbuseSubstance Abuse Sex OffenderSex Offender Anger ManagementAnger Management Victim EmpathyVictim Empathy Cognitive Behavioral RestructuringCognitive Behavioral Restructuring

Services in YDC (con’t)Services in YDC (con’t)Services in YDC (con’t)Services in YDC (con’t)

EducationEducation NC Standard Course of StudyNC Standard Course of Study GEDGED VocationalVocational Distance Education (post HS or GED Distance Education (post HS or GED

studies)studies)

EducationEducation NC Standard Course of StudyNC Standard Course of Study GEDGED VocationalVocational Distance Education (post HS or GED Distance Education (post HS or GED

studies)studies)

Exceptional Children’s Exceptional Children’s ProgramProgram

Exceptional Children’s Exceptional Children’s ProgramProgram

Services provided in accordance with Services provided in accordance with federal regulationsfederal regulations FAPEFAPE Least Restrictive EnvironmentLeast Restrictive Environment Appropriate Supplemental Aides and Appropriate Supplemental Aides and

ModificationsModifications Parental Due ProcessParental Due Process Parental involvement in decision makingParental involvement in decision making Transition ServicesTransition Services

Services provided in accordance with Services provided in accordance with federal regulationsfederal regulations FAPEFAPE Least Restrictive EnvironmentLeast Restrictive Environment Appropriate Supplemental Aides and Appropriate Supplemental Aides and

ModificationsModifications Parental Due ProcessParental Due Process Parental involvement in decision makingParental involvement in decision making Transition ServicesTransition Services

TransitionTransitionPost Release ServicesPost Release Services

TransitionTransitionPost Release ServicesPost Release Services

GoalsGoalsGoalsGoals

Transition Transition Planning should begin upon Planning should begin upon entry – Exit Upon Entryentry – Exit Upon Entry

Maintain and strengthen community Maintain and strengthen community connectionsconnections

Strengthen the family while the child is Strengthen the family while the child is in the YDCin the YDC

Transition Transition Planning should begin upon Planning should begin upon entry – Exit Upon Entryentry – Exit Upon Entry

Maintain and strengthen community Maintain and strengthen community connectionsconnections

Strengthen the family while the child is Strengthen the family while the child is in the YDCin the YDC

Transition ServicesTransition ServicesTransition ServicesTransition Services

Pre-release conferencePre-release conference Community mental health needsCommunity mental health needs Continued educational opportunitiesContinued educational opportunities

Re-entry into public schoolRe-entry into public school Community CollegeCommunity College

GED programGED programAdult Basic Skills ProgramAdult Basic Skills ProgramPost High School/GED study (scholarships)Post High School/GED study (scholarships)

Group Home placementsGroup Home placements

Pre-release conferencePre-release conference Community mental health needsCommunity mental health needs Continued educational opportunitiesContinued educational opportunities

Re-entry into public schoolRe-entry into public school Community CollegeCommunity College

GED programGED programAdult Basic Skills ProgramAdult Basic Skills ProgramPost High School/GED study (scholarships)Post High School/GED study (scholarships)

Group Home placementsGroup Home placements

Post Release SupervisionPost Release SupervisionPost Release SupervisionPost Release Supervision

Minimum of 90 daysMinimum of 90 days

Maximum of one yearMaximum of one year

Re-commitment for violation – Re-commitment for violation – minimum 3 monthsminimum 3 months

Minimum of 90 daysMinimum of 90 days

Maximum of one yearMaximum of one year

Re-commitment for violation – Re-commitment for violation – minimum 3 monthsminimum 3 months

Written plan specific to needs of the juvenile Written plan specific to needs of the juvenile and protection of the publicand protection of the public

AcknowledgmentsAcknowledgmentsAcknowledgmentsAcknowledgmentsThis presentation was developed especially for North This presentation was developed especially for North

Carolina by Partners in Justice, a statewide collaborative effort Carolina by Partners in Justice, a statewide collaborative effort designed to assist individuals with cognitive disabilities who are at risk designed to assist individuals with cognitive disabilities who are at risk of becoming involved in the criminal justice system. The North of becoming involved in the criminal justice system. The North Carolina Council on Developmental Disabilities provided grant funding Carolina Council on Developmental Disabilities provided grant funding to The Arc of North Carolina to support the project. Many different, to The Arc of North Carolina to support the project. Many different, excellent training materials were researched and adapted with special excellent training materials were researched and adapted with special consideration for the specific needs of the citizens of North Carolina. consideration for the specific needs of the citizens of North Carolina.

Special thanks goes to Carolina Legal Assistance; the Special thanks goes to Carolina Legal Assistance; the members of the PIJ Advisory Committee; George R. “Pete” Clary III, members of the PIJ Advisory Committee; George R. “Pete” Clary III, Public Defender, Judicial District 21; Ms. Jeri Houchins, Project Public Defender, Judicial District 21; Ms. Jeri Houchins, Project Coordinator, Justice Now! Coordinator, Justice Now! Of the People, By the People, and For the Of the People, By the People, and For the PeoplePeople; and, Ms. Diane Nelson Bryen and Ms. Beverly Frantz, National ; and, Ms. Diane Nelson Bryen and Ms. Beverly Frantz, National Academy for Equal Justice, for People with Developmental Disabilities, Academy for Equal Justice, for People with Developmental Disabilities, Institute on Disabilities at Temple University. Institute on Disabilities at Temple University.

Partners in Justice dedicates this presentation to the memory Partners in Justice dedicates this presentation to the memory of Deborah Greenblatt, Esq., a tireless advocate for of Deborah Greenblatt, Esq., a tireless advocate for

people with disabilities and charter member of the Partners people with disabilities and charter member of the Partners in Justice Advisory Committee.in Justice Advisory Committee.

This presentation was developed especially for North This presentation was developed especially for North Carolina by Partners in Justice, a statewide collaborative effort Carolina by Partners in Justice, a statewide collaborative effort designed to assist individuals with cognitive disabilities who are at risk designed to assist individuals with cognitive disabilities who are at risk of becoming involved in the criminal justice system. The North of becoming involved in the criminal justice system. The North Carolina Council on Developmental Disabilities provided grant funding Carolina Council on Developmental Disabilities provided grant funding to The Arc of North Carolina to support the project. Many different, to The Arc of North Carolina to support the project. Many different, excellent training materials were researched and adapted with special excellent training materials were researched and adapted with special consideration for the specific needs of the citizens of North Carolina. consideration for the specific needs of the citizens of North Carolina.

Special thanks goes to Carolina Legal Assistance; the Special thanks goes to Carolina Legal Assistance; the members of the PIJ Advisory Committee; George R. “Pete” Clary III, members of the PIJ Advisory Committee; George R. “Pete” Clary III, Public Defender, Judicial District 21; Ms. Jeri Houchins, Project Public Defender, Judicial District 21; Ms. Jeri Houchins, Project Coordinator, Justice Now! Coordinator, Justice Now! Of the People, By the People, and For the Of the People, By the People, and For the PeoplePeople; and, Ms. Diane Nelson Bryen and Ms. Beverly Frantz, National ; and, Ms. Diane Nelson Bryen and Ms. Beverly Frantz, National Academy for Equal Justice, for People with Developmental Disabilities, Academy for Equal Justice, for People with Developmental Disabilities, Institute on Disabilities at Temple University. Institute on Disabilities at Temple University.

Partners in Justice dedicates this presentation to the memory Partners in Justice dedicates this presentation to the memory of Deborah Greenblatt, Esq., a tireless advocate for of Deborah Greenblatt, Esq., a tireless advocate for

people with disabilities and charter member of the Partners people with disabilities and charter member of the Partners in Justice Advisory Committee.in Justice Advisory Committee.