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About Our Legal System: Juvenile Courts
The three primary subject matters over which the Juvenile Court has the authority to decide are Delinquency matters, child abuse and neglect cases, and Child in Need of Services matters.Deliquency MattersWhat is a delinquency matter?
A delinquency matter is a legal case involving a child between the ages of 7 and 17 who is accused of violating a state law, city ordinance or town bylaw. If you are age 17 or over you will be considered an adult.
What happens after a child is arrested and brought to court? The child is brought before a Juvenile Court judge and an attorney will be appointed for the child. The court clerk will read the charges against the child. A plea of not delinquent will be entered. This proceeding is called an arraignment.
Also at the arraignment, the judge will decide if the child should be held on bail or released on personal recognizance. Being released on personal recognizance means that the child promises to return to court on the next scheduled court date.What is bail?
Bail is money or property given to the court as a promise that the child will attend all court scheduled court dates. The bail money may be returned at the end of the court case. In deciding between personal recognizance or bail, the judge will consider the seriousness of the crime charged; whether the child has a prior criminal record, any family members in town, community or school ties; the likelihood that the child will not return to court on the next date; and any history of the child appearing at prior court proceedings.
If held on bail, the child will be placed in a detention center until the next court date or until someone posts bail. If the child is held in detention, the child is entitled to be brought back into court every 15 days. The child also is entitled to have the Superior Court review the Juvenile Court judge's decision to hold the child on bail.What happens before trial?
During the period before trial, the child and the attorney will discuss the case and prepare for trial. This includes interviewing witnesses and requesting information from the court. The child and attorney will decide if the case should be decided by a jury or by a judge only.What happens after the trial?
At the end of the trial the judge will find the child either delinquent (guilty) or not delinquent (not guilty).
If a child is found to be delinquent, the judge may place the child on probation or commit the child to the Department of Youth Services.Can a child be tried as an adult?
On Oct. 1, 1996, the Massachusetts courts changed the way in which they deal with children charged with committing crimes. Before that date, juveniles who committed crimes were called delinquents. Juveniles who were found guilty could be placed only in the custody of the Department of Youth Services until they turned 18. Juveniles who commit serious crimes are called youthful offenders. Youthful offenders can be given adult sentences for their crimes.Who can be prosecuted as a youthful offender?
People who are between the ages of 14 and 17 and who are charged with a crime, that if committed by an adult resulted in a state prison sentence, can be prosecuted as a youthful offender. In addition, the youthful offender must have been in the Department of Youth Services system before, charged with a crime that involves the "infliction or threat of serious bodily harm," or charged with carrying or trying to sell firearms.
A juvenile, 14 or older, who is charged with murder in the first- or second-degree, automatically will be treated as an adult and tried in Superior Court.Who determines if a person is prosecuted as a youthful offender?
To be prosecuted as a "youthful offender," the prosecutor must obtain an indictment, a formal written accusation from the court.
To obtain an indictment, the prosecutor must present evidence to the grand jury. After all the evidence is presented, the grand jury will decide if there is enough evidence for the case to go to trial. The person accused cannot offer evidence or appear before the grand jury. What happens after a juvenile is indicted?
Once indicted as a youthful offender, the juvenile will have to decided whether the case should be heard by a judge or by a jury. If the juvenile picks a judge or bench trial, the judge will hear all of the evidence and decide if the juvenile is guilty or innocent. If the juvenile picks a jury trial, then 12 people, who the juvenile may help pick, will decide guilt or innocence. If a judge or jury finds a person to be a youthful offender, what will be the punishment?
A youthful offender may be sentenced to the adult sentence required by law, a commitment to the DYS until age 21 or a combination sentence; a commitment to the DYS until age 21 and a suspended adult sentence to run the same time as the DYS commitment.If a youthful offender is found guilty of: - first-degree murder (thinking about the killing before it is done or killing someone on purpose), the sentence is life in prison without parole
- second-degree murder, the sentence is imprisonment with the possibility of parole after 15 years
- a serious gun violation, the sentence is DYS for 180 days or until age 18 (whichever occurs first)
If a youthful offender is given an adult sentence, where will that person be held?
The Department of Correction must hold any youthful offender under the age of 17 in a separate part of the prison just for youthful offender away from the adult prisoners. The Department of Correction may not hold a youthful offender under age 17 at a state prison.Who may look at the court records of a youthful offender?
The law says that the court records of a youthful offender's trial are open to anyone who wants to look at them. Anyone who wants to attend the actual trial may do so. However, a Juvenile Court judge may keep members of the public from attending the trial if the judge decides that some information at the trial should remain private./
What are the other changes to the juvenile delinquency laws?
The law makes it a crime, punishable by imprisonment for up to two years, if a person escapes or attempts to escape from a DYS facility.
There is a new anti-gang offense which makes it a crime for a person to commit an assault and battery on a child under age 18 with the purpose of causing or coercing the child to participate in a street gang or other organization with three or more persons and - a common name
- identifying sign or symbol
- whose members individually or collectively engage in criminal activity
If found guilty, the person will be sent to prison for three to five years or be placed in a house of correction for no more than 2 years.Even children can lose eligibility for immigration benefits by committing offenses. Parents can protect children from the most serious consequences by naturalizing as soon as possible.Care and Protection Cases (child abuse and neglect)
A care and protection case is a court proceeding in which a Juvenile Court judge seeks to protect a child if that child is being abused or neglected or is at risk of being abused or neglected. A judge will decide if a child has been abused or neglected and if the parents are unfit to care for the child. The judge also will decide who will have custody of the child. To help in this decision, the judge will consider what is in the best interest of the child.
A care and protection case usually begins when someone calls Department of Social Services to report that a child is being physically/sexually abused or neglected. This report generally is referred to as a 51A report. Anyone who suspects that a child is being abused or neglected may file a 51A report.How is child abuse reported?
There are certain professionals who are required by law to report child abuse and neglect to the DSS. These professionals include teachers, day care providers, social workers, doctors, nurses, dentists, psychologists, psychiatrists, police officers and firefighters. They are called mandated reporters.When someone files a 51A report, the DSS must make a decision to either screen in or screen out the report.
A report will be screened out if it is not abuse and neglect as defined by law or if a case is already open with DSS. If the report is screened in, DSS will conduct an investigation and evaluation. If the investigator decides that the child is at risk of being abused or neglected or that the child is currently being abused or neglected, the 51A report will be supported or substantiated.
Once a report is "supported," DSS must offer services to the family to help stop the abuse and neglect of the child. If DSS decides that the child's safety is at risk if the child stays in the home, DSS will file a care and protection petition in court and ask to remove the child from the home.What happens at court?At the initial appearance in court, attorneys will be appointed for the mother, the father and the child. The judge will decide whether or not to give temporary custody to DSS or to leave custody with the parents until the trial has ended.
During the time between the first appearance and the trial, the social worker will meet with the parents and complete a service plan. What is a 72-hour hearing?
A 72-hour hearing is a hearing in which the judge decides if the child is in immediate danger of serious abuse or neglect if left at home until the trial is held.What happens after the 72-hour hearing?
A court investigator will be appointed to interview all parties and make a written report to the judge with a recommendation for how the case should be resolved.
A few months after the 72-hour hearing, everyone meets for a pre-trial conference to prepare for trial and select a date for the trial. The trial will be used to decide if the parents are currently unfit to raise their child.
If the judge decides to give temporary custody to DSS, the parents have a right to have a hearing on the issue of custody within 72 hours or three days.
After a child is removed from home, DSS will place the child with a relative (if one is available), in a foster home or at a residential group home, depending on the age and the needs of the child.What is a service plan?
A service plan is an agreement between parents and DSS that includes a list of what each family member is expected to do. The service plan includes jobs that must be completed by each family member successfully in order to return the children home.What happens when a judge makes a decision?
If the court decides, based on the child's best interests, that the parents are currently unfit to raise their child, then the court will free the child for adoption.
If the court decides that the parents are fit, then custody is returned to the parents and DSS may continue to provide services.
The court also may award permanent custody to DSS with a goal of reuniting the family at a later date. Child in Need of Services
A Child in Need of Services matter is a court procedure in which the Juvenile Court helps parents and school officials in dealing with troubled youth. A child may be the subject of a CHINS petition if the child regularly runs away from home, constantly disobeys the commands of a parent or legal guardian, misses school on a regular basis, or the constantly fails to follow the rules of school.
A parent or guardian may file for a child under age 17, who runs away or cannot follow the rules at home. A school may file for a child who is absent a lot or misbehaves and is under age 16. Police may file for a runaway who is under age 17.
A CHINS matter generally begins when the child is required to go to court and appear before the judge because a petition has been filed. A CHINS also may begin when a child is arrested for failing to appear in court when ordered to do so, or when a child is picked up for being a runaway.If the child is held on bail in a CHINS matter, can the child be sent to the Department of Youth Services?
If a child is held on bail for the purposes of a CHINS petition, the child cannot be locked up and held at a Department of Youth Services Detention Center. However, a child may be placed in the custody of the DSS. Then DSS can decide where the child will stay.What happens at the next hearing?
At the next court hearing the probation officer will make recommendations to the judge. The judge may decide: - not to issue a petition because the child does not need services
- not to issue the petition because the child would be better served by informal services; however, the child will be sent to probation department for help
- to issue the petition and schedule the matter for trial
What are informal services?
Once a child is referred to the probation department, the probation officer decides what services the child needs. These services may include counseling, educational, occupational, medical, dental, or social services and meeting with the family and the child to discuss ways to solve any problems in order to avoid going before the judge.Does the child have to participate in the hearing?
A child can not be forced to participate in any of these activities. However, if the judge finds that the child is not cooperating, the probation officer can put that in writing and tell the clerk to issue a petition and set a date for trial.
What happens if a child is found to be a Child in Need of Services?Based on the best interests of the child, the judge may: - allow the child to remain with the parents or legal guardians with strict conditions and guidelines, including supervision by the court clinic or public agency providing counseling or guidance services
- place the child with a relative, probation officer, or other adult or private agency that is found fit to care for the child
- place the child in the care and custody of DSS. DSS will decide where the child will live, based on the recommendations of the child's social worker.
Are there special procedures for some juveniles?
Some immigrant juveniles in Massachusetts who have been abused, neglected or abandoned, and who cannot return to their home countries, may be eligible to apply for permanent residence in the U.S.. This requires court action before the juvenile turns 18, and paperwork must be approved by INS before the juvenile turns 21 or marries. This is an extremely complicated area of the law and should only be handled by an experienced immigration advocate.Posted on Apr 27, 2000 |
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