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Juvenile Jargon

CRIME DELINQUENTS

Those juveniles who have been charged with or found to have committed an offense which would be a crime if committed by an adult. (For example, Theft, Battery, Resisting Law Enforcement).

 

STATUS DELINQUENTS

Those juveniles charged with or having been found to have committed an offense which would not be an offense if committed by an adult. (For example, Under Age Drinking, Truancy, Runaway and Incorrigibility).

 

AGE EIGHTEEN

The age at which a person who commits a crime is charged in the Adult Court, rather in the Juvenile Court.

 

AGE TWENTY-ONE

The age at which the Juvenile Court loses jurisdiction.

 

JURISDICTION

This sets forth the offenses that the Juvenile Court may hear. (For example, certain offenses committed by a young person will always remain with the Juvenile Court Judge while other offenses will automatically be filed as an adult and still certain other offenses may be waived from the Juvenile Court to the Adult Court).

 

PROBATION

The period of time that the Probation Department monitors the juvenile's behavior, and the juvenile is subject to the continuing jurisdiction of the Juvenile Court and the juvenile must abide by specific terms and conditions set forth by the Court.

 

BURDEN OF PROOF

Beyond reasonable doubt.

 

RESTITUTION

Paying back to the County or to the victim for damages or loss incurred.

 

SECURE DETENTION

Placement of a juvenile in a locked facility wherein the juvenile cannot leave and their activities are significantly restricted.

 

NON-SECURE FACILITIES,/P>

A placement facility for a juvenile that is not locked and the juvenile is able to leave should the juvenile so desire.

 

REHABILITATION

The primary purpose of the Juvenile Justice System.

 

INFORMAL PROCEEDING

Diversionary programs designed to keep the juvenile from entering the formal process. Normally consists of 6 months of probation and specific terms and conditions. All informal adjustments in Boone County are aproved by the Court, and a Court appearance is necessary.

 

FORMAL PROCEEDING

A proceeding in which the Juvenile Court Judge signs probable cause for the filing of a Petition Alleging Delinquency brought by the Prosecutor's Office. The juvenile apears for the initial hearing, fact finding hearing, if necessary, and dispositional hearing. There may be one or two review hearings and/or modification hearings during the period of time the Court exercises juridiction of a particular matter.

 

INTAKE INFORMATION

A process by which the Probation Department investigates allegations involving juveniles.

 

TEEN COURT

A unique diversionary program wherein the juveniles participate as teen prosecutor, teen defense counsel and teen jury, and the young people determine the appropriate sanction for their peer's conduct. This is an experimental process that is one of eight to fifteen in the State of Indiana.

 

DETENTION

This is the process by which a juvenile is detained in either a secured or non-secure environment. There is no bail for juveniles, so the Court must make specific findings in order to justify a juvenile being kept in secured detention. There is no secure detention available in Booone County, therefore, any juvenile placed in secured detention will be 30, 60, 90, 120 miles away from home one way. With respect to non-secured detention or placement, in Boone County we have Koala Hospital of Lebanon, the Indiana United Methodist Children's ,Home and certain other foster families. Otherwise, placement will occur outside the County.

 

INITIAL HEARING

At this hearing, the juvenile is advised of the allegations against she or he. They are advised of their rights to counsel and other rights in the proceeding and the various dispositional alternatives. These are the statutory options available to the Court depending on the offense the juvenile has committed. These range from ordering the juvenile placed with the Department of Correction (i.e., Boys or Girls School) to, secure detention, to placement outside the home, to Probation and include various other alternatives as community service, alcohol and drug counseling and education. There are very few limitations on the options available to the Court.

 

DISPOSITIONAL HEARING

This is the Court hearing at which time the Probation Department, the State of Indiana, the juvenile and the juvenile's family and other interested persons advise the Court as to what they think an appropriate disposition would be. Witnesses may be sworn and additional evidence may be taken. At the conclusion of the dispositional hearing, the Court will make its determination as to what is appropriate in the particular case.

 

REVIEW HEARING

These are hearings following the diposition at which time the juvenile's progress will be monitored, reports may be required and testimony may be taken.

 

MODIFICATION HEARINGS

This is a hearing at which consideration may be given to modify or change the terms and conditions of a previously entered Dispositional Decree due to the juvenile's conduct since the dispositional hearing, either positive or negative.

 

FACT FINDING HEARING

THis is the bench trial for juveniles who have denied that they have committed the offense they are charged with. This is the time that the State of Indiana is required to produce witnesses and evidence to meet its burden of proof. The analogy here is to a bench trial in a criminal matter.

 

JUVENILE'S RIGHT TO COUNSEL

The juvenile has the right to be represented by an attorney of their choice, the right to have the Court appoint counsel for them, regardless of whether they or their parents can afford counsel, or the right to waive or give up their right to counsel. There is no requirement that the Court appoint counsel for the juvenile's parents.

 

PROTECTIVE ORDERS

The Juvenile Court has the right to enter Protective Orders prohibiting contact between the juvenile and others or others and the juvenile.

 

EXPUNGEMENT

The discretionary option of the Court to order destroyed a juvenile's record, including record of arrest, pictures, finger printing and including not just the Court's record, but police and other law enforcement agency records. This is completely discretionary with the Court.

 

GUARDIAN AD LITEM

A Court appointed special advocate for the juvenile who makes recommendations to the Court based on their own independent investigation and which are in the best interests of the juvenile.

 

SCOPE OF JUVENILE COURT'S ACTIVETIES

CHINS proceedings (Children in Need of Services), which include allegations of sexual abuse, mental abuse, emotional abuse and physical abuse, neglect and inability to parent.

 

JUVENILE STATUS PROCEEDINGS

(defined previously to include runaway, truancy, alcohol and incorrigibility).

 

JUVENILE CRIME DELINQUENCY

includes those offenses which would be crimes if committed by an adult.

 

PATERNITY CASES

all cases wherein the father, mother, child or State seek to establish paternity.

 

CONFIDENTIALITY OF JUVENILE RECORDS

Indiana Code 31-6-8-1