What is the purpose of a juvenile court?

InColorado the Juvenile Courts were established to provide for thespecial needs of children in the justice system. A Children's Code waswritten with the purpose of creating a system of juvenile justice thatwill appropriately sanction or correct juveniles who violate the law.

Ajuvenile delinquent is anyone 10 through 17 who commits a federal orstate crime, violates certain county or municipal ordinances, ordisregards or refuses to comply with court orders issued under theChildren's Code.

TheJuvenile Court Judge or Magistrate will consider many factors insentencing a juvenile delinquent. For example, the judge will considerthe severity of the offense; the juvenile's physical, emotional, oreducational needs; the family or community resources available; thejuveniles' prior record; and the impact the offense has on the victimand the community in which the juvenile lives.

1.After a full review of the circumstances, the judge may decide on oneof the following as a legal consequence:

• Paya fine up to $300 plus a 37% surcharge.

• Serveup to 45 days in detention.

• Performcommunity service as set by the court.

• Refrainfrom associating with certain friends or being involved with gangsor others who are on probation or charged with criminal conduct.

• Repaythe victims within a period of time set by the court.

• Followa curfew set by the court.

• Wearan ankle monitor for a specified period of time.

• Beevaluated psychologically and/or for drugs and alcohol.

• Enrollin a drug or alcohol treatment or counseling program with randomdrug testing.

• Performup to one's ability in school and maintain a certain grade pointaverage.

• Losedriving privileges until more responsibility is shown.

• Complywith other orders the Court believes would assist the juvenile instaying out of trouble.

2. Thejuvenile may be ordered out of his home for a specified period oftime. This may mean residing in a foster home, group home, or a lockedfacility at the Department of Youth Corrections.

3. Thejuvenile may also, if approved by the court, choose to attend the drugcourt to specifically address addiction and heavy usage.

4. Thejuvenile could also be prosecuted in the adult court under certaincircumstances.

Yes.

Therehave been a number of changes that may effect the consequences facingyoung people charged with criminal or delinquent offenses.

Not toomany years ago, with few exceptions, all juveniles charged with acrime were charged in the Juvenile Court. With the increase of illegalgang activity and violent behavior, the lawmakers have taken a'get-tough' attitude towards juveniles who commit serious crimes andwho have not responded to previous court orders.

Themost significant changes involve the limiting of juvenile jury trialsand the increased ease with which a person under 18 can be prosecutedas an adult.

Ajuvenile may be prosecuted as an adult if:

 

• Thejuvenile is 14 years of age or older and commits any crime thatcarries a penalty of 8 - 24 years or life in prison (categorizedas Class 1 or 2 Felonies). Some of the crimes that fall into thiscategory are: first and second degree murder; kidnapping a sexualassault or robbery victim; some sexual assaults; and burglary ofdrugs.

 

• Thejuvenile is 14 years of age or older and commits any felony crimeof violence or a felony involving any dangerous, deadly, orillegal weapon. There are some minor exceptions. These crimesinclude those using weapons to threaten or assault someone. Forexample, if a juvenile points a gun or knife at a person withintent to scare that person, charges could be filed in the adultcourt.

 

• A juvenile who commits Vehicular Homicide, Vehicular Assault, or a serious Arson

   

• Any juvenile, 16 years of age or older, who within the past two years has been found to be delinquent on a felony offense, and now commits a Class 3 felony such as:

1. Robbery involving a weapon.
2. House burglary.
3. Some sexual assaults.
4. Some deadly weapon assaults.
5. Some arsons.
6. Thefts or crimes involving damage or loss over $15,000.
7. Other less-common, serious offenses.

 

• Ajuvenile who attempts, conspires, or aids and abets any of thecrimes named above may also be prosecuted as an adult.

Inaddition, the 1997 revised Children's Code gives law enforcementofficers more latitude in the interrogation of juveniles. The new Codealso adds new parental-responsibility provisions.

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Yes.

Besidesthe School Attendance Law of 1963 previously discussed, there aredependency and neglect laws that significantly impact juveniles andparents. These laws generally address abuse, neglect, parental controlissues, and running away.

Sinceyour parents are responsible for your health and safety they mayreport you to a law enforcement agency. If the police find you, theywill contact your parents, take you home, or report the case to theDepartment of Human Services. The Department of Human Services maythen begin an investigation of your home situation.

Possibly,depending on the circumstances.

It isagainst the law for anyone to secretly provide a place for you to staywhile running away. The people you are staying with must contact a lawenforcement officer or your parents, legal guardian, or legalcustodian within 24 hours.

Thisbehavior usually comes to the attention of others because you arerunning away, violating curfews, or just making the life of yourparents and people around you miserable.

Thereare many scenarios that may indicate you are 'out of control,' andeach one may require a different response by parents or the courts.Generally, counseling and parenting programs should be consideredbefore calling on government resources, since once the justice systemis involved, the parent might not always be able to direct the courseof events. In such cases, parents may be required to follow what thecourt deems as most appropriate and pay the costs of services ordered.

Thefollowing are a few examples, with comments, that may cause the courtto intervene:

Policeshould be called. Counseling should begin in order to address thefamily's concerns when the child is returned. The courts may beinvolved if a Dependency and Neglect action is filed. This action willaddress placement and living options for the child, counselingalternatives, and other control measures.

• Beyond the control of a parent, guardian, or legal custodian:

  This occurs when the child refuses to follow any rules or regulations that the family has set, and the parent or guardian is no longer able to protect or direct the child. This child also can be declared neglected or dependent through an action brought by the Department of Human Services. If this occurs, the court -- not necessarily the parents -- will determine what is needed to bring the child back under control.

• Refuses to go to school:

  School attendance laws are charged and enforced when other efforts fail.

• Drinking and drug abuse:

  These are crimes, and very likely will result in adult or juvenile court proceedings.

• Refuses to follow the court orders:

  If a juvenile refuses to follow the court's orders issued under the Children's Code, the court may find him in contempt or the District Attorney may file a delinquency charge against him. If a delinquency petition is filed, the court has all the previously discussed sentencing options available to it. If the juvenile is found in contempt of court, the judge can impose fines, detention, community service, or any other sanction the court decides will resolve the problem.

  What if I feel that I am being abused or neglected at home or elsewhere?

  If you are running from abusive or neglectful situations you should talk to a police officer who handles abuse and neglect cases or someone from the Department of Human Services. Professionals who specialize in this area take these allegations very seriously. These professionals can help you and your family properly assess whether your situation is in fact abusive or neglectful.

  What is abuse or neglect?

  Generally, abuse or neglect occurs when a child's health or welfare is threatened because of what someone does or does not do. Examples are:

  1. Injuries that are inconsistent with the reasons given for their occurrence.

  2. Living conditions that are injurious to the child's health or the child is homeless.

  3. Sexual abuse or molestation of any kind.

  4. Parents or guardians who fail to provide food, shelter, clothing, education, medical care, or supervision.

  5. A child who is a runaway or otherwise beyond the control of the parents.

  Do I have the same rights that adults have if I am arrested?

  Yes. However you are also responsible for your behavior.

  These rights include the right to remain silent, stop talking to an interrogating police officer at any time, and request the presence of a lawyer. Juveniles have the additional right, under most circumstances, to have parents or a parental representative with them when questioned.

  Must my parents always be present when the police talk to me?

  No.

  Any law enforcement officer can talk to you with or without your parents or adult present. You may be questioned about a crime as the person suspected or as a witness without anyone other than you and the officer present. The only time an officer must have your parent or a responsible adult present is if the officer has you in custody and is questioning you about a crime in which you may have been involved. This is called "custodial interrogation." If there is custodial interrogation taking place without an advisement of your rights and without the proper adult present, the officer cannot use what you say against you. Your case is not necessarily going to be dismissed or thrown out of court as a result of you being questioned without a proper advisement. The officer may have enough information to charge you, apart from your statement. The officer may decide to question you just to get your version of what happened.

  As in adult court, any delinquency case brought against a juvenile must be proven beyond a reasonable doubt.

• Do I have any special rights or protections in court

  An adjudication of delinquency is not the same as a criminal conviction. However, adult courts can use past juvenile acts and adjudications when considering their sentence. Juvenile court hearings are open to anyone, but, unless the charge is a class 4 felony or greater, arrest and criminal records information is not available to the general public without a court order. If the delinquent act is a crime of violence, the information will be made available to the public and sent to your school district. Unlike adult records, there is a record-sealing process called expungement. Expungement is not automatic at age 18. Different crimes have different waiting periods, and you must apply to the court in order to have your records expunged.

  The waiting period to expunge a delinquency record may run from 4 to 10 years. If there are aggravating circumstances surrounding the juvenile's crime, such as a crime of violence, the juvenile may never be able to get his record expunged.

  Persons who have had their juvenile records expunged or sealed may lawfully and properly reply that no such record exists. However, the record is still available to the district attorney, law enforcement, the courts, and the department of human services. After an order of expungement has been entered, effected government agencies cannot thereafter show your records to anyone else without an order from the court.