Juvenile delinquency cases proceed much like adult criminal cases
There can be a summons or an arrest. There is an arraignment, possible question of bail, a pre-trial conference, and ultimately a trial before a judge or a jury.
In some very serious cases, the juvenile can be tried as a youthful offender whereby there is a possibility that adult penalties can be imposed.
Child requiring assistance cases fall into 4 categories:
(1) a runaway child who persistently and consistently runs from the home of the parent or guardian;
(2) stubborn cases whereby it is alleged that the child fails to follow the reasonable commands of the parent;
(3) a truancy whereby it is alleged that the child does not attend school daily; and
(4) a habitual school offender case whereby it is alleged that the child repeatedly violates the rules of a school.
When the case is first brought, the judge determines whether or not there is enough evidence to accept the application. If the judge does accept the application, the case is scheduled for a fact-finding hearing.
If the judge finds sufficient facts, then the child can be adjudicated a child requiring assistance and could ultimately be removed from the home of the parent or guardian and placed with DCF.
Paul Santos Law