Juvenile Probation

Juvenile Definitions

CRIME DELINQUENTS
Juveniles who have been charged with or found to have committed an offense that would be a crime if committed by an adult.  (For example: Theft, Battery, Resisting Law Enforcement)

STATUS DELINQUENTS
Juveniles charged with or having been found to have committed an offense that would not be an offense if committed by an adult.  (For example: Illegal Possession/Consumption of Alcohol, Truancy, Runaway, and Incorrigible)

JUVENILE
Any child under the age of 18 at the time the alleged offense occurred.

AGE 21
The age at which the Juvenile Court loses jurisdiction.

JURISDICTION
This sets forth the offenses that the Juvenile Court may hear.  Certain offenses committed by a person under 18 may be automatically waived to Adult Court or, due to the severity of the offense and/or the juvenile’s legal history, may be waived from the Juvenile Court to the Adult Court.

Probation Definitions

PROBATION
The period of time that the Probation Department monitors the juvenile’s compliance of the conditions of probation set forth by the Court.  Provide supervision, educational programs, or other resources needed by the child/family.

DETENTION
This is the process by which a juvenile is detained in either a secure 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 an out-of-home placement.   There are no juvenile facilities in Boone County, therefore, all juvenile placements will occur outside the county.

If the juvenile is placed on an active Order of Apprehension issued by the Court, the Court will set the date of the Initial Hearing.  If the juvenile is placed due to an emergency placement, the Court will set the Initial Hearing within 48 working hours (excluding weekends and holidays).

SECURE DETENTION
Placement in a secure facility when the juvenile is a danger to themselves or others.   Making sure we have the right child, in the right place, for the right amount of time.

NON-SECURE/EMERGENCY SHELTER CARE
A staff-secure facility for a juvenile that is in need of out-of-home placement when a less-restrictive alternative is not available.

REHABILITATION
The primary purpose of the Juvenile Justice System.  (see programs & services section)

INFORMAL ADJUSTMENT
Diversionary program designed to keep the juvenile from entering the formal process.  A Program of Informal Adjustment normally consists of six (6) months of probation and specific terms and conditions.  All Informal Adjustments in Boone County are approved by the Court and a Court appearance is necessary. 

INTAKE PROCEDURE
The Preliminary Inquiry is the first contact for the juvenile and their parent(s)/guardian(s) with the legal system.  This enables the probation officer the opportunity to gather basic information regarding the juvenile’s living arrangement, support, education, mental health, and legal history.  This also allows the juvenile system to identify if there are services or programs that can be offered to the family for additional support, care, treatment, or rehabilitation of the child.

PREDISPOSITION REPORT
Prior to the Disposition Hearing, the Court requests a Predisposition Report be filed.  This is an interview with the juvenile and parent(s)/guardian(s) to update the Court on any issues that have changed after the Preliminary Inquiry was completed. 

INITIAL HEARING
Prior to the Initial Hearing, the juvenile and parent(s)/guardian(s) will meet with the advisory council to go over the Advisement of Rights, Dispositional Alternatives Forms, and the Delinquent Petition.  Once on the record (in Court), the Judge will review the forms to ensure the juvenile and parent(s)/guardian(s) understand their rights and possible disposition alternatives.  The Court will advise them of the Formal Allegations that have been filed. The juvenile/parent(s)/guardian(s) are also informed they may request counsel to represent the juvenile, hire private counsel, or waive their right to counsel.

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 in and additional evidence may be taken.  At the conclusion of the disposition hearing, the Court will make its determination as to what is appropriate in the particular case.

REVIEW HEARING
These are hearings following the disposition at which time the juvenile’s progress will be monitored, reports may be required, and testimony may be taken.

MODIFICATION HEARING
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 with which they are charged.  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 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[GNJ2]

EXPUNGEMENT
The discretionary option of the Court to order a juvenile’s record be destroyed, 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
The 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 interest of the juvenile.

SCOPE OF JUVENILE COURTS ACTIVITIES
CHINS proceedings (Children in Need of Services), which include allegations of sexual abuse, mental abuse, emotional abuse, 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 that would be crimes if committed by an adult.

CONFIDENTIALITY OF JUVENILE RECORDS

Indiana Code 31-39-1-2