A phone call from the police advising a parent that they would like to speak to their child about something that has happened is often a family’s introduction to the Pennsylvania juvenile justice system. With that phone call, parents are going to experience a flood of emotions and have more questions than the police are going to be willing to answer. It is important for parents to understand not only what is happening but what could happen as their child navigates the juvenile system.
The Pennsylvania juvenile justice system differs greatly from the adult court system. First, the Juvenile justice system deals only with offenders who range in age from 10 to 17 years old, although supervision of offenders can continue until the age 21. Due to the age of the offenders the focus is more on treatment and less on punishment. The system is designed to hold youthful offenders accountable for their actions, with the goal to teach them to be responsible and productive members of the community.
Despite the fact that the focus is on rehabilitation and providing services to youthful offenders, there is the possibility that a child could be placed in a juvenile detention center. Although, placement of youthful offenders into a detention facility is a possibility, it is often used as a last resort. Under the Pennsylvania Juvenile Act, detention should only be used if; (1) it is required to protect the child or others (2) the child is at risk of being removed from the jurisdiction or runaway or (3) no parent or guardian is able to provide supervision and care.
How Does the Juvenile System Work?
Just like in adult court, the juvenile process begins with an arrest. After that the system works very differently. After an arrest a juvenile is referred to the juvenile probation department for an intake. Through this process the probation department will interview the juvenile, his parents, and the victim to determine how the case will proceed. The probation department will also complete several standardized assessments of the juvenile to assist in determining the proper recommendations as to appropriate resolutions of the matter. The assessments include a child trauma screening, behavioral health screening and a risk assessment. It is important to note that information obtained during the screening or assessments may not be used in any subsequent adjudication hearing.
During the interview stage, the juvenile will be given an opportunity to admit or deny their involvement in the alleged offenses. If the juvenile does not admit to their involvement the interview process ends and the matter is referred to court for an adjudication hearing.
What Are Potential Outcomes?
There are three basic outcomes for a matter in the juvenile court system. First is a consent decree. A consent decree is similar to ARD in adult court. The juvenile is placed under supervision for a period of up to 6 months. During that time, they are required to comply with certain conditions established by the court. Upon successful completion of the requirements, the case is closed without adjudication (finding of guilt) by the court.
A juvenile may also be placed on formal supervision. Under formal supervision, a juvenile must comply with terms and conditions imposed by the court. A juvenile may be ordered to participate in community-based services or treatment during their period of probation. Cases under formal probation are typically scheduled for review every 6 months to determine the need for continued services or supervision.
The final outcome of a juvenile case is placement in a juvenile detention center. Despite the fact that the focus is on rehabilitation and providing services to youthful offenders, there is the possibility that a child could be placed in a juvenile detention center. Although, placement of youthful offenders into a detention facility is a possibility, it is often used as a last resort. Under the Pennsylvania Juvenile Act, detention should only be used if; (1) it is required to protect the child or others (2) the child is at risk of being removed from the jurisdiction or runaway or (3) no parent or guardian is able to provide supervision and care. A juvenile placed outside the home will have a review hearing at least every 6 months to determine the need for continued placement.
Do Juvenile Records Carry Over to Adulthood?
Unfortunately, involvement in the juvenile justice system does not just disappear when a juvenile turns 18. Certain juvenile offenses can have a significant impact on a child’s future. First and foremost, juvenile court records could be open to the public if the juvenile was 12-13 years-old and adjudicated delinquent of certain serious offenses or if they were 14 or older and adjudicated delinquent of any felony offense. This could impact the juvenile’s ability to enlist in the military, carry a firearm, obtain public housing, or attend school.
The juvenile court system is designed to move much faster that the adult system and could have longstanding unforeseen consequences if not handled properly. Therefore, it is important that if you have a child that is facing charges in juvenile court, that you contact an attorney immediately to protect their rights.