Juvenile Probation State Law

Michael Hartman 11/18/2020

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This one-of-a-kind interactive map covers juvenile probation statutes throughout the country. Below, you may select a state to see information such as probation terms, process, purpose, etc. Because not every state establishes the legal bounds of juvenile probation through statute, the amount of information shown on the map for each state will vary. The states with less information might establish probation processes through other means, such as agency or judicial regulation or rulemaking.

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Juvenile Probation State Laws

DC PR MP GU AS VI AL AK AZ AR CA CO CT DE FL GA HI ID IL IN IA KS KY LA ME MD MA MI MN MS MO MT NE NV NH NJ NM NY NC ND OH OK OR PA RI SC SD TN TX UT VT VA WA WV WI WY

USA FlagClick on any state to see state-specific statutes relating to juvenile probation.

 Alabama

AL flag

Responsible Branch

Judicial

Organization

Local; Provided in each county by the Administrative Office of Courts.

Purpose/Goal

Juvenile probation officers are an integral part of the juvenile justice system. Juvenile probation officers perform a variety of services which are essential to the proper operation of the juvenile courts including working primarily with youths who are alleged to be delinquent or in need of supervision. It is the intent of the Legislature that a comprehensive system of juvenile probation services be developed, implemented, and administered statewide by the Administrative Office of Courts.

Interstate Compact Participant

Yes

Process

Not statutorily prescribed.

Terms of Probation

Not statutorily prescribed.

Probation Officers

Not statutorily prescribed.

Funding

Not statutorily prescribed.

Fees

Not statutorily prescribed.

Resources

Alabama Department of Youth Services (Responsible for licensing commitment facilities)

Data

None available.

Citations

Ala. Code 1975 § 12-5A-1 et seq. (Juvenile Probation Services)

Ala. Code 1975 § 12-15-101 et seq. (Alabama Juvenile Justice Act)

Ala. Code 1975 § 44-1-1 et seq. (Department of Youth Services)

Ala. Code 1975 § 44-2-1 et seq. (Interstate Compact on Juveniles)

Ala. Code 1975 § 44-3-1 et seq. (Regional Custody and Care of Youths Under Jurisdiction of Juvenile Court)

ARJP Rule 1 et seq. (Alabama Rules of Juvenile Procedure)utor.     

 Alaska

AK flag

Responsible Branch

Executive

Organization

Hybrid: Regionally Directed through the following: Anchorage Region (covers the Anchorage metropolitan area), Northern Region (includes Fairbanks and much or rural Alaska – from Bethel to Barrow), South Central Region (covers the southern portion of the state from the Aleutians in the west through Prince William Sound in the East), and Southeast Region (covers the entire southeast panhandle from Yakutat to Metlakatla)

Purpose/Goal

The goal of this chapter is to promote a balanced juvenile justice system in the state to protect the community, impose accountability for violations of law, and equip juvenile offenders with the skills needed to live responsibly and productively.

Interstate Compact Participant

Yes

Process

Not prescribed in statute.

Terms of Probation

Not to exceed 2 years and in no event to extend past the day the minor becomes 19 years of age, except that the department may petition for and the court may grant in a hearing:

  • two-year extensions of supervision that do not extend beyond the minor’s 19th birthday if the extension is in the best interests of the minor and the public; and
  • an additional one-year period of supervision past age 19 if the continued supervision is in the best interests of the person and the person consents to it

Probation Officers

Not prescribed in statute.

Funding

Not prescribed in statute.

Fees

Not prescribed in statute.

Additional Resources

Alaska Department of Health and Social Services: Division of Juvenile Justice

Anchorage Region Probation Services

Northern Region Probation Services

South Central Region Probation Services

Southeast Region Probation Services

Data

2018 Annual Report to the Governor (Published February 2019)

Statistical Information (Juvenile Supervision, FY 2008 – FY 2018)

Citations

Delinquency Rules Rule 1 et seq. (Delinquency Rules)

AS § 47.15.010 et seq. (Uniform Interstate Compact on Juveniles)

AS § 47.12.010 et seq. (Delinquent Minors)

AS § 47.14.010 et seq. (Juvenile Programs and Institutions)

 Arizona

AZ flag

Responsible Branch

Judicial

Organization

Local: Provided by county.

Purpose

Standard Probation: The purpose of juvenile standard probation in Arizona is to provide the highest quality service to the court, community, juveniles being supervised and their families. This is accomplished by promoting public safety through effective community-based supervision and enforcement of court orders, offering accurate and reliable information, and affording juveniles opportunities to be accountable and initiate positive changes.

Intensive Probation: JIPS is, as A.R.S. § 8-351 provides “a program which is established pursuant this article of a highly structured, closely supervised juvenile probation and which emphasizes surveillance, treatment, work, education and home detention.” The purpose of JIPS programs is to reduce commitments to the state department of juvenile corrections and other institutional or out of home placements.

Interstate Compact Participant

Yes

Process

Diversion or Community Based Alternative Program

Before a petition is filed or an admission or adjudication hearing is held, the county attorney may divert the prosecution of a juvenile who is accused of committing a delinquent act or a child who is accused of committing an incorrigible act to a community based alternative program or to a diversion program administered by the juvenile court.

A juvenile is not eligible for diversion if any of the following applies:

  1. The juvenile committed a dangerous offense as defined in § 13-105.
  2. The juvenile is a chronic felony offender as defined in § 13-501.
  3. The juvenile committed an offense that is listed in § 13-501.
  4. The juvenile is alleged to have committed a violation of § 28-1381, 28-1382 or 28-1383.
  5. The juvenile is alleged to have committed an offense involving the purchase, possession or consumption of spirituous liquor or a violation of title 13, chapter 341 and the juvenile has previously participated in a community based alternative program or a diversion program administered by the juvenile court at least two times within twenty-four months before the date of the commission of the alleged offense.

Except as provided in § 8-323, the county attorney has sole discretion to decide whether to divert or defer prosecution of a juvenile offender. The county attorney may designate the offenses that shall be retained by the juvenile court for diversion or that shall be referred directly to a community based alternative program that is authorized by the county attorney. The county attorney or the juvenile court in cooperation with the county attorney may establish community based alternative programs. Except for offenses that the county attorney designates as eligible for diversion or referral to a community based alternative program, on receipt of a referral alleging the commission of an offense, the juvenile probation officer shall submit the referral to the county attorney to determine if a petition should be filed.

If the juvenile successfully complies with the conditions set forth by the probation officer, the county attorney shall not file a petition in juvenile court and the program's resolution shall not be used against the juvenile in any further proceeding and is not an adjudication of incorrigibility or delinquency. The resolution of the program is not a conviction of crime, does not impose any civil disabilities ordinarily resulting from a conviction and does not disqualify the juvenile in any civil service application or appointment.

In order to participate in a community based alternative program the juvenile who is referred to a program shall admit responsibility for the essential elements of the accusation and shall cooperate with the program in all of its proceedings.

All of the following apply to each community based alternative program that is established:

  1. The juvenile's participation is voluntary.
  2. The victim's participation is voluntary.
  3. The community based alternative program shall ensure that the victim, the juvenile's parent or guardian and any other persons who are directly affected by an offense have the right to participate.
  4. The participants shall agree to the consequences imposed on the juvenile or the juvenile's parent or guardian.
  5. The meetings and records shall be open to the public.

After holding a meeting, the participants in the community based alternative program may agree on any legally reasonable consequences that the participants determine are necessary to fully and fairly resolve the matter except confinement.

The participants shall determine consequences within thirty days after referral to the community based alternative program, and the juvenile shall complete the consequences within ninety days after the matter is referred to the community based alternative program. The county attorney or the juvenile probation officer may extend the time in which to complete the consequences for good cause. If the community based alternative program involves a school, the deadlines for determination and completion of consequences shall be thirty and ninety school days, respectively.

The community based alternative program, the juvenile, the juvenile's parent or guardian and the victim may sign a written contract in which the parties agree to the program's resolution of the matter and in which the juvenile's parent or guardian agrees to ensure that the juvenile complies with the contract. The contract may provide that the parent or guardian shall post a bond payable to this state to secure the performance of any consequence imposed on the juvenile pursuant to subsection J of this section.

If the juvenile successfully completes the consequences, the county attorney shall not file a petition in juvenile court and the program's resolution shall not be used against the juvenile in any further proceeding and is not an adjudication of incorrigibility or delinquency. The resolution of the program is not a conviction of crime, does not impose any civil disabilities ordinarily resulting from a conviction and does not disqualify the juvenile in any civil service application or appointment.

If the juvenile does not acknowledge responsibility for the offense or fails to comply with the consequences set by the community based alternative program, the case shall be submitted to the county attorney for review.

After reviewing a referral, if the county attorney declines prosecution, the county attorney may return the case to the juvenile probation department for further action as provided in subsection F of this section.

A city or town attorney or prosecutor or a law enforcement agency shall not establish or conduct a diversion program or community based alternative program for juvenile offenders unless the program is authorized by the county attorney and notice is provided to the presiding judge of the juvenile court.

Beginning January 1, 2011, a city or town attorney or prosecutor or a law enforcement agency that establishes or conducts a diversion program or community based alternative program shall report the citation number, name and date of birth of each juvenile who participates in a diversion program or community based alternative program to the juvenile court in a format approved by the presiding judge of the juvenile court.

Disposition

After receiving and considering the evidence on the proper disposition of the case, the court may enter judgment as follows:

  1. It may award a delinquent juvenile:
    1. To the care of the juvenile's parents, subject to the supervision of a probation department.
    2. To a probation department, subject to any conditions the court may impose, including a period of incarceration in a juvenile detention center of not more than one year.
    3. To a reputable citizen of good moral character, subject to the supervision of a probation department.
    4. To a private agency or institution, subject to the supervision of a probation officer.
    5. To the department of juvenile corrections.
    6. To maternal or paternal relatives, subject to the supervision of a probation department.
    7. To an appropriate official of a foreign country of which the juvenile is a foreign national who is unaccompanied by a parent or guardian in this state to remain on unsupervised probation for at least one year on the condition that the juvenile cooperate with that official.
  2. It may award an incorrigible child:
    1. To the care of the child's parents, subject to the supervision of a probation department.
    2. To the protective supervision of a probation department, subject to any conditions the court may impose.
    3. To a reputable citizen of good moral character, subject to the supervision of a probation department.
    4. To a public or private agency, subject to the supervision of a probation department.
    5. To maternal or paternal relatives, subject to the supervision of a probation department.

A juvenile probation officer shall prepare a disposition summary report for every juvenile who has been adjudicated of a delinquent act or of a technical violation of probation.

The juvenile probation officer shall evaluate the needs of the juvenile and the juvenile's risk to the community, including the nature of the offense, the delinquent history of the juvenile, the juvenile's history of referrals and adjustments and the recommendation of the juvenile's parents. The juvenile probation officer shall include the recommendation of the juvenile's parents in the disposition summary report. If the nature of the offense and the prior delinquent history of the juvenile indicate that the juvenile should be included in an intensive probation program pursuant to supreme court guidelines for juvenile intensive probation, the juvenile probation officer may recommend to the court that the juvenile be granted intensive probation.

After reviewing the juvenile's prior record, the facts and circumstances of the current delinquent act or technical violation of probation and the disposition summary report, the court may grant the juvenile a period of intensive probation.

When granting intensive probation the court shall set forth on the record the factual reasons for using the disposition.

Terms of Probation

Diversion

If the county attorney diverts the prosecution of a juvenile to the juvenile court, the juvenile probation officer shall conduct a personal interview with the alleged juvenile offender. At least one of the juvenile's parents or guardians shall attend the interview. The probation officer may waive the requirement for the attendance of the parent or guardian for good cause. If the juvenile acknowledges responsibility for the delinquent or incorrigible act, the juvenile probation officer shall require that the juvenile comply with one or more of the following conditions:

  1. Participation in unpaid community restitution work.
  2. Participation in a counseling program that is approved by the court and that is designed to strengthen family relationships and to prevent repetitive juvenile delinquency.
  3. Participation in an education program that is approved by the court and that has as its goal the prevention of further delinquent behavior.
  4. Participation in an education program that is approved by the court and that is designed to deal with ancillary problems experienced by the juvenile, such as alcohol or drug abuse.
  5. Participation in a nonresidential program of rehabilitation or supervision that is offered by the court or offered by a community youth serving agency and approved by the court.
  6. Payment of restitution to the victim of the delinquent act.
  7. Payment of a monetary assessment.

Disposition

If a juvenile is placed on probation pursuant to this section, the period of probation may continue until the juvenile's eighteenth birthday or until the juvenile's nineteenth birthday if jurisdiction is retained pursuant to § 8-202, subsection H, except that the term of probation shall not exceed one year if all of the following apply:

  1. The juvenile is not charged with a subsequent offense.
  2. The juvenile has not been found in violation of a condition of probation.
  3. The court has not made a determination that it is in the best interests of the juvenile or the public to require continued supervision. The court shall state by minute entry or written order its reasons for finding that continued supervision is required.
  4. The offense for which the juvenile is placed on probation does not involve a dangerous offense as defined in § 13-105.
  5. The offense for which the juvenile is placed on probation does not involve a violation of title 13, chapter 14 or 31.1
  6. Restitution ordered pursuant to § 8-344 has been made.
  7. The juvenile's parents have not requested that the court continue the juvenile's probation for more than one year.

Intensive Probation

“Juvenile intensive probation” means a program which is established pursuant to this article of highly structured and closely supervised juvenile probation and which emphasizes surveillance, treatment, work, education and home detention.

Intensive probation shall be conditioned on the juvenile:

  1. Participating in one or more of the following, if approved by the court or probation officer, for not less than thirty-two hours each week throughout the term of probation:
    1. School.
    2. A treatment program.
    3. Employment.
    4. Supervised community restitution work.
    5. An activity that improves the juvenile's prosocial skill development, including enhancing the juvenile's relationship with the juvenile's family.
  2. Paying restitution and probation fees except that the inability to pay probation fees or restitution does not prohibit participation in the intensive probation program.
  3. Remaining at a place of residence at all times except to attend school, work or treatment, to perform community restitution or to participate in some activity, as specifically allowed in each instance by the supervising juvenile probation officer, or if in the direct company of a parent, guardian or custodian, as approved by the juvenile probation officer.
  4. Allowing administration of drug and alcohol tests as directed by a juvenile probation officer.
  5. Meeting any other conditions imposed by the court, including electronic monitoring, to meet the needs of the juvenile or to limit the risks to the community.

The juvenile probation officer shall periodically examine the needs of each juvenile who is granted intensive probation and the risks of modifying the level of supervision of the juvenile. The court may at any time modify the placement or the level of supervision of a juvenile who is granted intensive probation.

The court may issue a warrant for the arrest of a juvenile who is granted intensive probation. If the juvenile commits an additional offense or violates a condition, the court may revoke intensive probation at any time before the expiration or termination of the period of intensive probation and hold disposition of the juvenile in accordance with § 8-341. If the court finds that a juvenile has committed an additional offense that is a felony or has violated a condition of intensive probation that poses a serious threat to or danger to the community, the court shall revoke intensive probation and hold disposition of the juvenile pursuant to § 8-341.

The juvenile intensive probation team shall ensure that each juvenile under its supervision is participating in one or more of the following, if approved by the court or probation officer, for not less than thirty-two hours each week throughout the term of intensive probation:

  1. School.
  2. A treatment program.
  3. Employment.
  4. A community restitution program.
  5. An activity that improves the juvenile's prosocial skill development, including enhancing the juvenile's relationship with the juvenile's family.

The supreme court shall establish juvenile intensive probation guidelines. In establishing these guidelines, the supreme court shall ensure that both:

  1. Juveniles who are granted intensive probation meet the requirements of § 8-352.
  2. Based on the nature of the offense and the delinquent history of the juvenile, there are reasonable grounds to believe that the juvenile is able to remain at liberty without posing a substantial risk to the community.

The supreme court shall annually submit a report stating the number of juveniles supervised on intensive probation during the prior year, the nature of the offense and the delinquent history of each of these juveniles to the governor, the speaker of the house of representatives and the president of the senate at the time of its annual budget request and shall provide a copy of this report to the secretary of state. Beginning July 1, 2011, the report shall be submitted electronically.

The supreme court shall contract for an evaluation to determine if the provisions of this article reduce the number of serious repetitive offenses committed by juveniles on intensive probation supervision, shall submit the results of the study to the governor, the speaker of the house of representatives and the president of the senate and shall provide a copy of this study to the secretary of state.

Probation Officers

Juvenile Intensive Probation Teams

The chief juvenile probation officer or the director of court services in each county, with approval of the presiding juvenile court judge of the superior court, shall appoint juvenile probation teams consisting of two juvenile probation officers or one juvenile probation officer and one surveillance officer or one juvenile probation officer and two surveillance officers.

A two person intensive probation team shall supervise no more than twenty-five juveniles at one time. A three person team shall supervise no more than forty juveniles at one time.

The juvenile intensive probation team shall do all of the following:

  1. Secure and keep a complete identification record of each juvenile supervised by the team and a written statement of the conditions of the probation.
  2. Exercise close supervision and observation over juveniles who are ordered to participate in the intensive probation program including both of the following:
    1. Visual contact with each probationer at least four times per week.
    2. Weekly contact with the school, employer, community restitution agency or treatment program of the probationer.
  3. Obtain and maintain information concerning the conduct of the juvenile participating in the intensive probation program.
  4. Request the county attorney to bring a noncompliant probationer before the court.
  5. Monitor the payment of restitution and probation fees and request the county attorney to bring before the court any probationer who fails to pay restitution or probation fees.
  6. Perform any other responsibilities required by the terms and conditions imposed by the court.

Funding

The presiding juvenile judge of the superior court in the county shall annually submit a proposed budget for the following fiscal year for the juvenile intensive probation program to the supreme court. The supreme court shall review each request and include the counties' requests in its annual budget request and shall allocate to the participating counties the monies appropriated by the legislature for intensive probation.

The supreme court shall annually establish an average cost per juvenile for providing diversion services in each county, based on the monies appropriated for diversion pursuant to § 8-322, excluding the cost of juvenile intake services provided by the juvenile court, and the number of juveniles diverted the previous year. On the county attorney's certification to the supreme court of the number of juveniles diverted to a county attorney community based alternative program each quarter, the annual average cost per juvenile for each juvenile diverted shall be reimbursed to the county attorney juvenile diversion fund established by § 11-537 out of monies appropriated to the supreme court for diversion programs.

Juvenile Probation Services Fund

The juvenile probation services fund is established. The supreme court shall administer the fund. Monies in the juvenile probation services fund are exempt from the provisions of § 35-190 relating to lapsing of appropriations. The supreme court shall allocate monies in the fund or appropriated to the superior court's juvenile probation services fund line based on its determination of the need for and probable effectiveness of each plan submitted pursuant to this article. The supreme court shall require that the presiding juvenile court judge submit in accordance with rules of the supreme court a plan for the expenditure of monies that are allocated to the juvenile court pursuant to this section. The supreme court may reject a plan or a modification of a plan that is submitted pursuant to this subsection.

Monies shall be used to fund programs, the participation in which a juvenile probation officer or community based alternative program administered by the juvenile court has required as a condition of diversion pursuant to § 8-321. Monies shall also be used to fund programs to reduce the number of repetitive juvenile offenders and to provide services for juveniles who are on probation, including treatment, testing, independent living programs and residential, foster and shelter care, and for children who are referred to the juvenile court for incorrigibility or delinquency offenses. Monies may be used to provide the cost of care for persons who are under twenty-one years of age and who were placed in an independent living program or in foster care before eighteen years of age, who voluntarily remain in care and who are currently enrolled in and regularly attending any high school or certificate of equivalency program. Pursuant to § 8-341, subsection N, monies may also be used to provide services for persons who are under twenty-one years of age and who voluntarily participate in treatment. Except pursuant to § 8-341, subsection N, the cost of care shall not be continued for a person who has received a high school diploma or certificate of equivalency. These services shall be approved by the supreme court. The juvenile court may develop and staff such programs, or the supreme court may enter into the purchase of service contracts with community youth serving agencies.

The administrative office of the courts may use monies appropriated to the fund for the purchase of detention facilities, to expand existing detention centers or to contract with private and public entities to expand or operate secure care facilities.

All monies that are distributed or expended from the fund shall be used to supplement, not supplant, funding to the juvenile court by the county.

The supreme court shall contract for a periodic evaluation to determine if the provisions of this article reduce the number of repetitive juvenile offenders. The supreme court shall send a copy of the evaluation to the speaker of the house of representatives, the president of the senate and the governor.

Fees

Notwithstanding § 8-243, the juvenile court shall order the parent of a juvenile to pay a fee of not less than fifty dollars a month for the supervision of the juvenile unless, after determining the inability of the parent to pay the fee, the court orders payment of a lesser amount.

If:

  1. The department of child safety is the supervising agency, all monies assessed pursuant to this section shall be ordered to be paid and used as provided in § 8-243.0
  2. The juvenile probation office is the supervising agency, all monies assessed pursuant to this section shall be ordered to be paid to the clerk of the superior court. The clerk of the superior court shall pay all monies collected from this fee to the county treasurer for deposit in the juvenile probation fund to be used as provided in § 12-268. Any amount greater than forty dollars of the fee assessed pursuant to this section shall only be used to supplement monies currently used for the salaries of juvenile probation and surveillance officers and for support of programs and services of the superior court juvenile probation departments.
  3. The department of juvenile corrections is the supervising agency, all monies assessed pursuant to this section shall be ordered to be paid to the department of juvenile corrections and shall be used to fund work restitution programs for juveniles.
  4. A person or another state agency or state institution is responsible for supervision, all monies assessed pursuant to this section shall be deposited, pursuant to §§ 35-146 and 35-147, in the state general fund.

If the juvenile was adopted or placed in permanent guardianship after the juvenile was determined by the court to be a dependent child, the juvenile court shall consider the totality of the child's circumstances and the nature of the dependency. The juvenile court may waive all or part of the fee prescribed by subsection A of this section if the juvenile court determines extenuating circumstances exist.

Diversion

The county attorney or juvenile court shall assess the parent of a juvenile who is diverted pursuant to subsection A of this section a fee of fifty dollars unless, after determining the inability of the parent to pay the fee, the county attorney or juvenile court assesses a lesser amount. If the juvenile was adopted or placed in permanent guardianship after the juvenile was determined by the court to be a dependent child, the county attorney or juvenile court shall consider the totality of the child's circumstances and the nature of the dependency. The county attorney or juvenile court may waive all or part of the fee prescribed by this subsection if the county attorney or juvenile court determines extenuating circumstances exist. All monies assessed pursuant to this subsection shall be used for the administration and support of community based alternative programs or juvenile court diversion programs. Any amount greater than forty dollars of the fee assessed pursuant to this subsection shall only be used to supplement monies currently used for the salaries of juvenile probation and surveillance officers and for support of programs and services of the superior court juvenile probation departments. The clerk of the superior court shall pay all monies collected from this assessment to the county treasurer for deposit in the juvenile probation fund, to be utilized as provided in § 12-268, and the county attorney shall pay all monies collected from this assessment into the county attorney juvenile diversion fund established by § 11-537.

Additional Resources

Arizona Juvenile Court Counts (FY 2019)

Apache County Juvenile Probation Division

Cochise County Juvenile Court

Coconino County Juvenile Probation

Gila County Juvenile Services

Graham County Probation

Greenlee County Courts Probation Department

La Paz County Probation

Maricopa County Juvenile Probation

Mohave County Probation Department

Navajo County Juvenile Court

Pima County Juvenile Probation Services

Pinal County Juvenile Probation

Santa Cruz Court Services

Yavapai County Juvenile Probation

Yuma County Juvenile Justice Center

Data

Not available.

Citations

AZ ST Code of Jud. Admin., § 6-301 et seq. (Juvenile Services)

A.R.S. § 12-261 et seq. (State Aid for Probation Services)

A.R.S. § 8-301 et seq. (Juvenile Offenders)

A.R.S. § 8-201 et seq. (Juvenile Court)

 Arkansas

AR flag

Responsible Branch

Judicial

Organization

Local: Provided by County

Purpose

This subchapter shall be liberally construed to the end that its purposes may be carried out: (1) To assure that all juveniles brought to the attention of the courts receive the guidance, care, and control, preferably in each juvenile’s own home when the juvenile’s health and safety are not at risk, that will best serve the emotional, mental, and physical welfare of the juvenile and the best interest of the state; (2) To preserve and strengthen the juvenile’s family ties when it is in the best interest of the juvenile; (3) To protect society more effectively by substituting for retributive punishment, whenever possible, methods of offender rehabilitation and rehabilitative restitution, recognizing that the application of sanctions that are consistent with the seriousness of the offense is appropriate in all cases; and (4) To provide means through which the provisions of this subchapter are executed and enforced and in which the parties are assured a fair hearing and their constitutional and other legal rights recognized and enforced.

Interstate Compact Participant

Yes

Process

Not prescribed in statute.

Terms of Probation

The court shall have the right as a term of probation to require the juvenile to attend school or make satisfactory progress toward attaining a high school equivalency diploma approved by the Adult Education section of the Division of Workforce Services.

Unless otherwise stated, and excluding extended juvenile jurisdiction offenders, an order of probation shall remain in effect for an indeterminate period not exceeding two years.

Prior to the expiration of an order of probation, the court may extend the order for an additional period of one year if it finds the extension is necessary to safeguard the welfare of the juvenile or the interest of the public.

Probation Officers

A juvenile probation officer must:

  1. Be 21 years of age;
  2. Be a U.S. citizen;
  3. Have a B.A. in a related field or equivalent experience working with juveniles for at least one year;
  4. Attend an AOC approved certification course within the first year of employment;
  5. Obtain 12 hours of continuing education as authorized by the Circuit Court, Juvenile Division Judges each year after attending the initial certification course; and
  6. Submit to criminal background checks conducted by the county prior to employment.

Funding

The Administrative Office of the Courts shall administer the state reimbursement to the counties for the juvenile officers’ previous year’s salaries

State shall pay a portion of the salary of full-time, certified probation and intake officer whose salary has been paid by the county or counties for one year.

State shall pay the lesser of the following:

  1. $15,000 a year, or
  2. One half (1/2) the officer’s average salary as calculated over the last twelve months.

Fees

Court may order a probation fee, not to exceed twenty dollars per month.

Court may assess a court cost of no more than thirty-five dollars to be paid by the juvenile, his or her parent, both parents, or his or her guardian.

Additional Resources

Arkansas Circuit Courts Judge’s Benchbook Juvenile Division

Data

Not available.

Citations

A.C.A. § 9-29-401 (Interstate Compact for Juveniles)

A.C.A. § 9-27-301 et seq. (Juvenile Code)

A.C.A. § 16-13-326 et seq. (Juvenile Division of Circuit Courts Generally)

Standards adopted by Juvenile Officers Standards Committee

 California

CA flag

Responsible Branch

Executive

Organization

Local: Provided by County

Purpose

The purpose of this chapter is to provide for the protection and safety of the public and each minor under the jurisdiction of the juvenile court and to preserve and strengthen the minor's family ties whenever possible, removing the minor from the custody of his or her parents only when necessary for his or her welfare or for the safety and protection of the public. If removal of a minor is determined by the juvenile court to be necessary, reunification of the minor with his or her family shall be a primary objective. If the minor is removed from his or her own family, it is the purpose of this chapter to secure for the minor custody, care, and discipline as nearly as possible equivalent to that which should have been given by his or her parents. This chapter shall be liberally construed to carry out these purposes.

Minors under the jurisdiction of the juvenile court who are in need of protective services shall receive care, treatment, and guidance consistent with their best interest and the best interest of the public. Minors under the jurisdiction of the juvenile court as a consequence of delinquent conduct shall, in conformity with the interests of public safety and protection, receive care, treatment, and guidance that is consistent with their best interest, that holds them accountable for their behavior, and that is appropriate for their circumstances. This guidance may include punishment that is consistent with the rehabilitative objectives of this chapter. If a minor has been removed from the custody of his or her parents, family preservation and family reunification are appropriate goals for the juvenile court to consider when determining the disposition of a minor under the jurisdiction of the juvenile court as a consequence of delinquent conduct when those goals are consistent with his or her best interests and the best interests of the public. When the minor is no longer a ward of the juvenile court, the guidance he or she received should enable him or her to be a law-abiding and productive member of his or her family and the community.

It is also the purpose of this chapter to reaffirm that the duty of a parent to support and maintain a minor child continues, subject to the financial ability of the parent to pay, during any period in which the minor may be declared a ward of the court and removed from the custody of the parent.

Juvenile courts and other public agencies charged with enforcing, interpreting, and administering the juvenile court law shall consider the safety and protection of the public, the importance of redressing injuries to victims, and the best interests of the minor in all deliberations pursuant to this chapter. Participants in the juvenile justice system shall hold themselves accountable for its results. They shall act in conformity with a comprehensive set of objectives established to improve system performance in a vigorous and ongoing manner. In working to improve system performance, the presiding judge of the juvenile court and other juvenile court judges designated by the presiding judge of the juvenile court shall take into consideration the recommendations contained in subdivision (e) of Standard 5.40 of Title 5 of the California Standards of Judicial Administration, contained in the California Rules of Court.

As used in this chapter, “punishment” means the imposition of sanctions. It does not include retribution and shall not include a court order to place a child in foster care as defined by Section 727.3. Permissible sanctions may include any of the following:

  1. Payment of a fine by the minor.
  2. Rendering of compulsory service without compensation performed for the benefit of the community by the minor.
  3. Limitations on the minor's liberty imposed as a condition of probation or parole.
  4. Commitment of the minor to a local detention or treatment facility, such as a juvenile hall, camp, or ranch.
  5. Commitment of the minor to the Division of Juvenile Facilities, Department of Corrections and Rehabilitation.

In addition to the actions authorized by subdivision (e), the juvenile court may, as appropriate, direct the offender to complete a victim impact class, participate in victim offender conferencing subject to the victim's consent, pay restitution to the victim or victims, and make a contribution to the victim restitution fund after all victim restitution orders and fines have been satisfied, in order to hold the offender accountable or restore the victim or community. (Children)

The purpose of this chapter is to protect society from the consequences of criminal activity and to that purpose community restoration, victim restoration, and offender training and treatment shall be substituted for retributive punishment and shall be directed toward the rehabilitation of young persons who have committed public offenses. (Youths)

The Legislature hereby finds that the most significant trend in the development of delinquency prevention programs has been in the direction of multipurpose youth service bureau projects implemented at the neighborhood level, receiving delinquent and predelinquent youth referred by parents, schools, police, probation, and other agencies, as well as self-referral. Designed especially for less seriously delinquent youth, programmatic aspects often include group and individual counseling, work and recreation programs, employment counseling, special education, utilization of paraprofessionals and volunteers, outreach services, and youth participation in the decisionmaking process. Often activities encouraging youths' families, local community citizens, and representatives of established agencies are included in project activities. While youth service bureau programs have been effective in diverting youth out of the justice system, it has also been the case that these programs have been hampered in their operations due to lack of consistent and stable funding. Therefore, it is proposed that a significant number of youth service bureaus be established throughout the state and be located in areas with a high concentration of vulnerable youth, by means of a cost-sharing plan between local communities and the state. (Youth Services Bureaus)

The Legislature finds and declares all of the following:

  1. That the mobilization of community resources to assist in providing youthful offenders with necessary educational, psychological, medical, and other services which relate to root causes of delinquency is vital.
  2. That due to increased and heavy caseloads, probation officers cannot be expected to assume the full burden of providing necessary services to youthful offenders.
  3. That addressing the root causes of delinquent behavior in a cost-effective manner yields enormous societal benefits in the prevention of future criminality and the integration of the offender into productive society.
  4. That by encouraging community participation, programs such as the Juvenile Justice Connection Project in Los Angeles County have achieved great success in providing services to young people at a substantial savings to the taxpayer.
  5. That efforts to implement similar projects throughout the state should be encouraged and supported. (Juvenile Justice Community Resource Programs)

Interstate Compact Participant

Yes

Process

Informal Probation

In determining whether to undertake a program of informal supervision of a child not described by rule 5.514(d), the social worker or probation officer must consider:

  1. If the condition or conduct is not considered serious, whether the child has had a problem in the home, school, or community that indicates that some supervision would be desirable;
  2. Whether the child and the parent or guardian seem able to resolve the matter with the assistance of the social worker or probation officer and without formal court action;
  3. Whether further observation or evaluation by the social worker or probation officer is needed before a decision can be reached;
  4. The attitudes of the child and the parent or guardian;
  5. The age, maturity, and capabilities of the child;
  6. The dependency or delinquency history, if any, of the child;
  7. The recommendation, if any, of the referring party or agency;
  8. The attitudes of affected persons; and
  9. Any other circumstances that indicate that a program of informal supervision would be consistent with the welfare of the child and the protection of the public.

Under § 654

Diversion program where the Probation Officer has determined that the juvenile may benefit from the services. This is a voluntary contract between the probation officer, the juvenile, and the parents/guardians only. The juvenile may be placed on informal probation for up to six months. If the juvenile successfully terminates this program, the case is then closed and filed away. If the juvenile unsuccessfully terminates this program, the Probation Department then makes a referral to the District Attorney’s office for a formal petition to the Juvenile Court.

Under § 654.2

This is a Court ordered diversion program.  This means that the District Attorney’s Office has filed a formal petition with the Juvenile Court.  However, the Court has decided that instead of sentencing the juvenile, the case is placed on hold to allow the juvenile to participate in a six-month diversion program with the Probation Department.  If the juvenile successfully completes the program the Court dismisses the alleged charges and the case is closed.  If the juvenile fails to successfully complete the program, then the Court finds the juvenile did violate the law and gives the juvenile a sentence.

Deferred Entry of Judgment Probation under § 790

This means that the Court has found that the juvenile did in fact commit a felony and places him on probation.  However, the juvenile must meet certain criteria before they can be placed on this type of probation.

  1. The juvenile has not previously been declared a ward of the court and the pending matter is the first felony conviction.
  2. The offense charged is not one of the 707b offenses.
  3. The juvenile has not been sentenced to the California youth authority (i.e. juvenile prison not to be confused with juvenile hall).
  4. The juvenile is at least 14 years of age at the time of the hearing.
  5. The juvenile’s record does not indicate that probation has ever been revoked without being completed.
  6. The juvenile is eligible for probation pursuant to Section 1203.6 PC.

Social Study

The probation officer must prepare a social study of the child, which must contain all matters relevant to disposition, including any parole status information, and a recommendation for disposition.

  1. In any case in which the probation officer is recommending placement in foster care or in which the child is already in foster care placement or pending placement under an earlier order, the social study must include a case plan as described in (c).
  2. The probation officer must submit the social study and copies of it to the clerk at least 48 hours before the disposition hearing is set to begin, and the clerk must make the copies available to the parties and attorneys. A continuance of up to 48 hours must be granted on the request of a party who has not been furnished a copy of the social study in accordance with this rule.

Intake

The intake program must be designed to:

  1. Provide for settlement at intake of:
    1. Matters over which the juvenile court has no jurisdiction;
    2. Matters in which there is insufficient evidence to support a petition; and
    3. Matters that are suitable for referral to a nonjudicial agency or program available in the community;
  2. Provide for a program of informal supervision of the child under sections 301 and 654; and
  3. Provide for the commencement of proceedings in the juvenile court only when necessary for the welfare of the child or protection of the public.

The probation officer or the social worker must conduct an investigation and determine whether:

  1. The matter should be settled at intake by:
    1. Taking no action;
    2. Counseling the child and any others involved in the matter; or
    3. Referring the child, the child's family, and any others involved to other agencies and programs in the community for the purpose of receiving services to prevent or eliminate the need for removal;
  2. A program of informal supervision should be undertaken for not more than six months under section 301 or 654; or
  3. A petition should be filed under section 300 or 601, or the prosecuting attorney should be requested to file a petition under section 602.

Mandatory referrals to the prosecuting attorney (§ 653.5). The probation officer must refer to the prosecuting attorney, within 48 hours, all affidavits requesting that a petition be filed under section 602 if it appears to the probation officer that:

  1. The child, regardless of age:
    1. Is alleged to have committed an offense listed in section 707(b);
    2. Has been referred for the sale or possession for sale of a controlled substance under chapter 2 of division 10 of the Health and Safety Code;
    3. Has been referred for a violation of Health and Safety Code section 11350 or 11377 at a school, or for a violation of Penal Code sections 245.5, 626.9, or 626.10;
    4. Has been referred for a violation of Penal Code section 186.22;
    5. Has previously been placed on informal supervision under section 654; or
    6. Has been referred for an alleged offense in which restitution to the victim exceeds $1,000;
  2. The child was 16 years of age or older on the date of the alleged offense and the referral is for a felony offense; or
  3. The child was under 16 years of age on the date of the alleged offense and the referral is not the first referral for a felony offense.

In determining whether a matter not described in rule 5.514(d) should be settled at intake, the social worker or probation officer must consider:

  1. Whether there is sufficient evidence of a condition or conduct to bring the child within the jurisdiction of the court;
  2. If the alleged condition or conduct is not considered serious, whether the child has previously presented significant problems in the home, school, or community;
  3. Whether the matter appears to have arisen from a temporary problem within the family that has been or can be resolved;
  4. Whether any agency or other resource in the community is available to offer services to the child and the child's family to prevent or eliminate the need to remove the child from the child's home;
  5. The attitudes of the child, the parent or guardian, and any affected persons;
  6. The age, maturity, and capabilities of the child;
  7. The dependency or delinquency history, if any, of the child;
  8. The recommendation, if any, of the referring party or agency; and
  9. Any other circumstances that indicate that settling the matter at intake would be consistent with the welfare of the child and the protection of the public.

Terms of Probation

If the child is placed on probation, with or without wardship, the court must set reasonable terms and conditions of probation. Unless the court finds and states its reasons on the record that any of the following conditions is inappropriate, the court must:

  1. Require the child to attend school;
  2. Require the parent to participate with the child in a counseling or education program; and
  3. Require the child to be at the child's residence between 10:00 p.m. and 6:00 a.m. unless accompanied by a parent or a guardian or an adult custodian.

Non-Wardship Probation § 725(a)

This means that the Court found that the juvenile did violate the law and was placed on probation for a period of six months only.  The Court imposes a series of terms and conditions that must be followed in order to successfully terminate the probation term. 

Wardship Probation § 725(b)

The juvenile is a ward of the Court (i.e. the Court has jurisdiction and authority over the juvenile).  This is only a six-period probation term with specific probation terms and conditions.

Wardship Probation under § 727

The Court has found the juvenile did violate the law and has imposed certain terms and conditions.  The supervision of the juvenile lies solely in the order of the Court, not on the Probation Department.

Wardship Probation under § 602

This means that the Court found that the juvenile violated the law, placed on formal probation under the supervision of the Probation Department, and the juvenile is now a ward of the Court.  The Court may maintain jurisdiction of the juvenile up to the age of 21 years of age, however if the juvenile has been committed to the Division of Juvenile Justice, then jurisdiction is up to the age of 24.

Probation Officers

The director of the Youth Authority shall investigate, examine, and make reports upon adult and juvenile probation.

The director may establish standards for the performance of probation duties, and upon request consult with and make investigations and recommendations to probation officers, probation committees, juvenile justice commissions, and to judges of the superior courts, including such judges as are designated juvenile court judges of any county.

The director may also, upon request, consult with, make investigations for, and recommendations to probation officers, probation committees, juvenile justice commissions, and to judges of the superior courts, including such judges as are designated juvenile court judges of any county, to aid them in the operation and maintenance of their juvenile halls.

Every probation officer, assistant probation officer, and deputy probation officer shall have the powers and authority conferred by law upon peace officers.

Funding

Juvenile Reentry Fund

There is hereby established a Juvenile Reentry Fund. Moneys allocated for local supervision of persons discharged from the custody of the Division of Juvenile Facilities authorized in Sections 1983 and 1984 shall be deposited into this fund from the General Fund. Any moneys deposited into this fund shall be administered by the Controller and the share calculated for each county probation department shall be transferred to its Juvenile Reentry Fund authorized in subdivision (b).

Each county is hereby authorized to establish in each county treasury a Juvenile Reentry Fund to receive all amounts allocated to that county probation department for purposes of implementing this chapter.

Allocations from the Juvenile Reentry Fund shall be expended exclusively to address local program needs for persons discharged from the custody of the Division of Juvenile Facilities. County probation departments, in expending the Juvenile Reentry Grant allocation, shall provide evidence-based supervision and detention practices and rehabilitative services to persons who are subject to the jurisdiction of the juvenile court who were committed to and discharged from the Department of Corrections and Rehabilitation, Division of Juvenile Facilities. “Evidence-based” refers to supervision and detention policies, procedures, programs, and practices demonstrated by scientific research to reduce recidivism among individuals on probation or under postrelease supervision.

Funds allocated pursuant to subdivision (c) shall not be used by local agencies to supplant other funding for Public Safety Services, as defined in Section 36 of Article XIII of the California Constitution.

The funding provided under this chapter is intended to provide payment in full for all local government costs of the supervision, programming, education, incarceration or any other cost resulting from persons discharged from custody or held in local facilities pursuant to the provisions of this act.

Fees

Not prescribed in statute.

Additional Resources

Not available.

Citations

West’s Ann. Cal. Welf. & Inst. Code § 1700 et seq. (Youths)

West’s Ann. Cal. Welf. & Inst. Code § 100 et seq. (Children)

West’s Ann. Cal. Welf. & Inst. Code § 27770 et seq. (Chief Probation Officer)

Cal. Rules of Court, Rule 5.500 et seq. (Juvenile Rules)

 Colorado

CO flag

Responsible Branch

Judicial

Organization

Hybrid: Provided locally; However, oversight is provided by the Judicial Division of Probation Services and juvenile parole is provided by the department of human services, as well as other juvenile programs. The Division of Probation Services provides administrative support services to the 23 probation departments comprising 50 separate probation offices in 22 judicial districts.

The department of human services is the single state agency responsible for the oversight of the administration of juvenile programs and the delivery of services for juveniles and their families in this state. In addition, the department of human services is responsible for juvenile parole. The state judicial department is responsible for the oversight of juvenile probation. The department of public safety is responsible for the oversight of community diversion programs.

Purpose

Statement of Common Ground between Probation Services and the 23 probation departments: “Colorado Probation is committed to public safety, victim and community reparation through offender accountability, skill and competency development and services to the communities of Colorado.”

The general assembly hereby finds that the intent of this article is to protect, restore, and improve the public safety by creating a system of juvenile justice that will appropriately sanction juveniles who violate the law and, in certain cases, will also provide the opportunity to bring together affected victims, the community, and juvenile offenders for restorative purposes. The general assembly further finds that, while holding paramount the public safety, the juvenile justice system shall take into consideration the best interests of the juvenile, the victim, and the community in providing appropriate treatment to reduce the rate of recidivism in the juvenile justice system and to assist the juvenile in becoming a productive member of society.

The general assembly hereby finds that the public has the right to safe and secure homes and communities and that when a delinquent act occurs such safety and security is compromised; and the result is harm to the victim, the community, and the juvenile offender. The general assembly finds that the juvenile justice system should seek to repair such harm and that victims and communities should be provided with the opportunity to elect to participate actively in a restorative process that would hold the juvenile offender accountable for his or her offense. (The Colorado Juvenile Justice System)

Interstate Compact Participant

Yes

Process

Whenever it appears to a law enforcement officer or any other person that a juvenile is or appears to be within the court's jurisdiction, as provided in section 19-2-104, the law enforcement officer or other person may refer the matter conferring or appearing to confer jurisdiction to the district attorney, who shall determine whether the interests of the juvenile or of the community require that further action be taken.

Revocation of Probation

Revocation of probation proceedings shall be governed by Crim.P. 32(f).

Diversion

In order to more fully implement the stated objectives of this title 19, the general assembly declares its intent to establish a juvenile diversion program that, when possible, integrates restorative justice practices to provide community-based alternatives to the formal court system that will reduce juvenile crime and recidivism and improve positive juvenile outcomes, change juvenile offenders' behavior and attitudes, promote juvenile offenders' accountability, recognize and support the rights of victims, heal the harm to relationships and the community caused by juvenile crime, and reduce the costs within the juvenile justice system.

Research has shown that court involvement for juveniles not identified as a risk of harm to others is harmful, and most low-risk juveniles grow out of their behavior and stop reoffending without system intervention.

The goals of the diversion programs are to:

  1. Prevent further involvement of the juvenile in the formal legal system;
  2. Provide eligible juveniles with cost-effective alternatives to adjudication that require the least amount of supervision and restrictive conditions necessary consistent with public safety and the juvenile's risk of reoffending;
  3. Serve the best interest of the juvenile while emphasizing acceptance of responsibility and repairing any harm caused to victims and communities;
  4. Reduce recidivism and improve positive outcomes for juveniles through the provision of services, if warranted, that address their specific needs and are proven effective; and
  5. Ensure appropriate services are available for all eligible juveniles.

The division of criminal justice of the department of public safety is authorized to establish and administer a juvenile diversion program that seeks to divert youth from the juvenile justice system, and, when possible, integrates restorative justice practices. In order to effectuate the program, the division shall allocate money to each judicial district and may contract with district attorneys’ offices, governmental units, and nongovernmental agencies for reasonable and necessary expenses and services to serve each judicial district to divert juveniles and provide services, if warranted, for eligible juveniles through community-based programs providing an alternative to a petition filed pursuant to section 19-2-512 or an adjudicatory hearing pursuant to section 19-3-505.

District attorneys’ offices or their designees shall:

  1. On and after January 1, 2021, conduct a risk screening using a risk screening tool selected pursuant to section 24-33.5-2402(1)(c) for all juveniles referred to the district attorney pursuant to section 19-2-510 unless a determination has already been made to divert the juvenile, the district attorney declines to file charges, dismisses the case, or charges the juvenile with a class 1 or class 2 felony. The district attorney's office shall conduct the risk screening or contract with an alternative agency that has been formally designated by the district attorney's office to conduct the screening, in which case the results of the screening must be made available to the district attorney's office. The entity conducting the screening shall make the results of the risk screening available to the youth and family. All individuals using the risk screening tool must receive training on the appropriate use of the tool. The risk screening tool is to be used to inform about decisions about diversion. The risk screening tool and any information obtained from a juvenile in the course of any screening, including any admission, confession, or incriminating evidence, obtained from a juvenile in the course of any screening or assessment in conjunction with proceedings under this section or made in order to participate in a diversion or restorative justice program is not admissible into evidence in any adjudicatory hearing in which the juvenile is accused and is not subject to subpoena or any other court process for use in any other proceeding or for any other purpose.
  2. Use the results of the risk screening to inform:
    1. Eligibility for participation in a juvenile diversion program;
    2. The level and intensity of supervision for juvenile diversion;
    3. The length of supervision for juvenile diversion; and
    4. What services, if any, may be offered to the juvenile. Professionals involved with the juvenile's needs, treatment, and service planning, including district attorneys, public defenders, probation, and state and local governmental entities, such as the departments of human or social services, may collaborate to provide appropriate diversion services in jurisdictions where they are not currently available.
  3. Not deny diversion to a juvenile based on the juvenile's:
    1. Ability to pay;
    2. Previous or current involvement with the departments of human or social services;
    3. Age, race or ethnicity, gender, or sexual orientation; or
    4. Legal representation;
  4. Align the juvenile diversion program's policies and practices with evidence-based practices and with the definition of “diversion” pursuant to section 19-1-103(44); and
  5. Collect and submit data to the division of criminal justice pursuant to subsection (5) of this section.

The division of criminal justice, in collaboration with district attorneys or diversion program directors who accept formula money and programs providing juvenile diversion services, shall establish minimum data collection requirements and outcome measures that each district attorney's office, governmental unit, and nongovernmental agency shall collect and submit annually for all juveniles referred to the district attorney pursuant to section 19-2-510 including, but not limited to:

  1. Demographic data on age, race or ethnicity, and gender;
  2. Risk screening conducted;
  3. Risk level as determined by the risk screening or, if no screening was completed, the reason why the screening was not completed;
  4. Offense;
  5. Diversion status;
  6. Service participation;
  7. Program completion data;
  8. Child welfare involvement; and
  9. Identifying data necessary to track the long-term outcomes of diverted juveniles.

Each program providing services under this section shall develop objectives and report progress toward such objectives as required by rules promulgated by the director.

The director shall regularly monitor these diversion programs to ensure that progress is being made to accomplish the objectives of this section. The division of criminal justice shall offer technical assistance to district attorney's offices, governmental units, nongovernmental agencies, and diversion programs to support the uniform collection and reporting of data and to support program development and adherence to program requirements. The division of criminal justice shall provide annual program-level reports to district attorneys’ offices and submit a consolidated statewide report annually to the governor and to the judiciary committees of the senate and the house of representatives, the health and human services committee of the senate, and the public health care and human services committee of the house of representatives, or any successor committees. Notwithstanding the provisions of section 24-1-136(11)(a)(I), these reports continue indefinitely.

A formula must be established for the purpose of allocating money to each judicial district in the state of Colorado for juvenile diversion programs. The executive director of the department of public safety is authorized to accept and expend on behalf of the state any funds, grants, gifts, or donations from any private or public source for the purpose of providing restorative justice programs; except that no gift, grant, or donation shall be accepted if the conditions attached to it require the expenditure thereof in a manner contrary to law.

The director may implement a behavioral or mental health screening program to screen juveniles who participate in the juvenile diversion program. If the director chooses to implement a behavioral or mental health screening program, the director shall use the mental health screening tool selected pursuant to section 24-33.5-2402(1)(b) and conduct the screening in accordance with procedures established pursuant to that section.

Prior to implementation of a behavioral or mental health screening program pursuant to this subsection (8), if implementation of the program would require an increase in appropriations, the director shall submit to the joint budget committee a request for funding in the amount necessary to implement the behavioral or mental health screening program. If implementation of the behavioral or mental health screening program would require an increase in appropriations, implementation of the program is conditional upon approval of the funding request.

Intensive Supervision Program

The judicial department may establish and operate, either directly or by contracting with one or more private organizations, a juvenile intensive supervision program, which may be utilized by any judge in sentencing any juvenile who has been placed on probation and who presents a high risk of future placement within juvenile correctional facilities according to assessment criteria developed pursuant to section 19-2-307(2).

The juvenile intensive supervision program created by section 19-2-306 shall include, but shall not be limited to, utilization of any or all of the following elements:

  1. Increased supervision of the juvenile by probation officers;
  2. Utilization of specific youth case management approaches;
  3. Community service work assignments;
  4. Restitution programs;
  5. Structured group training regarding problem solving, social skills, negotiation skills, emotion management, creative thinking, value enhancement, and critical reasoning;
  6. Use of electronic or global position monitoring and substance abuse testing to monitor compliance with the program by the juvenile and providing sanctions for failure to comply with the program; and
  7. Individual and family treatment.

The judicial department, with the assistance of a juvenile intensive supervision advisory committee, shall develop assessment criteria for placement in the juvenile intensive supervision program, including the results of a validated risk and needs assessment tool, and judicial department guidelines for implementation of the program and measurement of the outcome of the program. The advisory committee is appointed by the state court administrator and includes, but is not limited to, representatives of the division of youth services in the department of human services and the division of criminal justice of the department of public safety.

Victim-Offender Conferences

The division of youth services is authorized to establish a pilot program, when funds become available, in its facilities to facilitate victim-initiated victim-offender conferences whereby a victim of a crime may request a facilitated conference with the juvenile who committed the crime, if the juvenile is in the custody of the division of youth services. After such a pilot program is established, the division of youth services may establish policies and procedures for the victim-offender conferences using volunteers to facilitate the conferences. The volunteers shall complete the division of youth services' volunteer and facility-specific training programs and complete high-risk victim-offender training and victim advocacy training. The division of youth services shall not compensate or reimburse a volunteer or victim for any expenses. If a pilot program is available, and subsequent to the victim's or the victim representative's request, the division of youth services shall arrange such a conference only after determining that the conference would be safe and only if the juvenile agrees to participate. The purposes of the conference are to enable the victim to meet the juvenile, to obtain answers to questions only the juvenile can answer, to assist the victim in healing from the impact of the crime, and to promote a sense of remorse and acceptance of responsibility by the juvenile that may contribute to his or her rehabilitation.

Informal Adjustment

The district attorney may request of the court at any time, either before, during, or after the filing of a petition, that the matter be handled as an informal adjustment if:

  1. The juvenile and his or her parents, guardian, or legal custodian have been informed of their constitutional and legal rights, including the right to have counsel at every stage of the proceedings;
  2. There are sufficient facts to establish the jurisdiction of the court; and
  3. The juvenile and his or her parents, guardian, or legal custodian have waived the right to a speedy trial.

An informal adjustment shall be for an initial period of no longer than six months. One additional extension of up to six months may be ordered by the court upon showing of good cause.

During any informal adjustment, the court may place the juvenile under the supervision of the probation department or other designated agency. The court may require further conditions of conduct, as requested by the district attorney, probation department, or designated agency.

No juvenile shall be granted an informal adjustment if such juvenile has been adjudicated a juvenile delinquent within the preceding twelve months, has had a prior deferred adjudication, or has had an informal adjustment granted within the preceding twelve months.

Deferral

Except as otherwise provided in subsection (1.5) of this section, in any case in which the juvenile has agreed with the district attorney to enter a plea of guilty, the court, with the consent of the juvenile and the district attorney, upon accepting the guilty plea and entering an order deferring adjudication, may continue the case for a period not to exceed one year from the date of entry of the order deferring adjudication. The court may continue the case for an additional one-year period for good cause.

In a case in which the juvenile has agreed with the district attorney to enter a plea of guilty, resulting in a conviction as defined in section 16-22-102(3), C.R.S., for unlawful sexual behavior, as defined in section 16-22-102(9), C.R.S., the court, with the consent of the juvenile and district attorney, upon accepting the guilty plea and entering an order deferring adjudication, may continue the case for a period of time not to exceed two years from the date of the order deferring adjudication. Upon a showing of good cause, the court may continue the case for additional time, not to exceed five years from the date of the order deferring adjudication.

Any juvenile granted a deferral of adjudication under this section may be placed under the supervision of a probation department. The court may impose any conditions of supervision that it deems appropriate that are stipulated to by the juvenile and the district attorney.

Upon full compliance with such conditions of supervision, the plea of the juvenile or the finding of guilt by the court shall be withdrawn and the case dismissed with prejudice.

Application for entry of adjudication and imposition of sentence may be made by the district attorney or a probation officer at any time within the term of the deferred adjudication or within thirty-five days thereafter.

If the juvenile fails to comply with the terms of supervision, the court shall enter an order of adjudication and proceed to sentencing under section 19-2-906. Such lack of compliance shall be a matter to be determined by the court without a jury, upon written application of the district attorney or probation department. At least five days' notice shall be given to the juvenile and his or her parents, guardian, or legal custodian. The burden of proof shall be the same as if the matter were being heard as a probation revocation proceeding.

If the juvenile agrees to a deferral of adjudication, he or she waives all rights to a speedy trial and sentencing.

Presentence Investigation

Prior to the sentencing hearing, juvenile probation for the judicial district in which the juvenile is adjudicated shall conduct a presentence investigation unless waived by the court on its own determination or on recommendation of the prosecution or the juvenile. The presentence investigation must take into consideration and build on the intake assessment performed by the screening team. The presentence investigation may address, but is not limited to, the following:

  1. The details of the offense;
  2. Statements made by the victims of the offense;
  3. The amount of restitution, if any, that should be imposed on the juvenile or the juvenile's parent, guardian, or legal custodian;
  4. The juvenile's previous criminal record, if any, if the juvenile has not been adjudicated for an act that constitutes unlawful sexual behavior as defined in section 16-22-102(9), C.R.S.;
  5. Any history of substance abuse by the juvenile;
  6. The juvenile's education history, including any special education history and any current individualized education program the juvenile may have pursuant to section 22-20-108, C.R.S.;
  7. The juvenile's employment history;
  8. The juvenile's family, kin, and persons having a significant relationship with the juvenile;
  9. The juvenile's peer relationships;
  10. The status of juvenile programs and community placements in the juvenile's judicial district of residence;
  11. Other related material;
  12. Review of placement and commitment criteria adopted pursuant to section 19-2-212, which shall be the criteria for any sentencing recommendations included in the presentence investigation;
  13. Assessment of the juvenile's needs; and
  14. Recommendations and a proposed treatment plan for the juvenile.

If the juvenile has been adjudicated for an act that constitutes unlawful sexual behavior as defined in section 16-22-102(9), C.R.S., then the report on the presentence investigation shall include the juvenile's previous criminal and juvenile delinquency records, if any.

The probation department shall conduct a presentence investigation in each case unless waived by the court on its own determination or on recommendation of the prosecution or the juvenile. The level of detail included in the presentence investigation may vary, as appropriate, with the services being considered for the juvenile.

Teen Court

Any supervising court is authorized to establish a teen court program pursuant to the provisions of this part 11. In any jurisdiction where a teen court program is established, a teen charged with a minor offense may receive a deferred judgment, a condition of which is successful participation in the teen court program.

The procedure for determining the eligibility for and imposition of the deferred judgment shall be as follows:

  1. The teen, in the presence of at least one of his or her parents or legal guardian, must enter a plea of guilty to the minor offense charged.
  2. The teen must request to participate in the teen court program, agree to the deferral of further proceedings in the supervising court for a period of six months or until the teen has successfully completed the teen court program, and provide the court with addresses for mailing notices to both the teen and his or her parent or legal guardian.
  3. The supervising court must find that the teen will benefit more from participation in the teen court program than from any other sentence that may be imposed.
  4. The supervising court may accept the teen's plea, order that the teen participate in the teen court program, and defer further proceedings in the supervising court for up to six months.
  5. In addition to ordering the teen to participate in the teen court program, the supervising court may enter an order that the teen pay any restitution otherwise authorized by law.

If the supervising court receives a report from the teen court judge that the teen has not successfully completed the teen court program, or if within six months after the entry of the order for deferred judgment the supervising court has not received a report that the teen has successfully completed the teen court program, the court shall schedule a sentencing hearing, send notice to the teen and his or her parent or legal guardian at the addresses given at the time of the order for deferred judgment or any changed address, and at the sentencing hearing impose any other sentence authorized for the offense charged.

If the supervising court receives a report from the teen court judge that the teen has successfully completed the teen court program, the court shall dismiss all charges against the teen. The dismissal shall not constitute a conviction for any purpose.

Terms of Probation

Except as otherwise provided in section 19-2-601 for an aggravated juvenile offender:

  1. The court may place the juvenile on probation or under protective supervision in the legal custody of one or both parents or the guardian under such conditions as the court may impose;
  2. The court may place the juvenile on probation and place the juvenile in the juvenile intensive supervision program created pursuant to section 19-2-306;
  3. The court may require as a condition of probation that the juvenile report for assignment to a supervised work program, place such juvenile in a child care facility that shall provide a supervised work program, or require that the custodial parent or guardian of the juvenile assist the juvenile in participating in a supervised work program, if:
    1. The juvenile is not deprived of the schooling that is appropriate to his or her age, needs, and specific rehabilitative goals;
    2. The supervised work program is of a constructive nature designed to promote rehabilitation, is appropriate to the age level and physical ability of the juvenile, and is combined with counseling from a juvenile probation officer or other guidance personnel;
    3. The supervised work program assignment is made for a period of time consistent with the juvenile's best interest, but not exceeding one hundred eighty days.

Juvenile Intensive Supervision (JISP) shall include, but shall not be limited to, utilization of any or all of the following elements:

  1. Increased supervision of the juvenile probation officers;
  2. Utilization of specific youth case management approaches;
  3. Community service work assignments;
  4. Restitution programs;
  5. Structured group training regarding problem solving, social skills, negotiation skills, emotion management, creative thinking, value enhancement, and critical reasoning;
  6. Use of electronic or global position monitoring and substance abuse testing to monitor compliance with the program by the juvenile and providing sanctions for failure to comply with the program; and
  7. Individual and family treatment.

Development

Before July 1, 2021, the state court administrator, in consultation with judges, the judicial branch, district attorneys, defense counsel, the delivery of the child welfare services task force created in section 26-5-105.8, and other interested parties shall establish statewide standards for juvenile probation supervision and services that are aligned with research-based practices and based on the juvenile's risk of reoffending as determined by a validated risk and needs assessment tool adopted pursuant to section 24-33.5-2402. The state court administrator shall at least annually provide training to juvenile probation on the adoption and implementation of these standards. Juvenile standards must include, but need not be limited to:

  1. Guidelines to support juvenile probation in adopting the most effective staffing and workloads in order to allocate probation resources most appropriately;
  2. Standards for minimum case contacts, including contacts with juveniles as well as their family members;
  3. Common elements for written individualized case plans for each juvenile placed under the supervision of a probation officer. In developing such a case plan, juvenile probation shall use, but need not be limited to:
    1. The results of a validated risk and needs assessment;
    2. The results of a validated mental health screening, and full assessment if conducted;
    3. The trauma, if any, experienced by the juvenile;
    4. The education level of the juvenile and any intellectual and developmental disability;
    5. The seriousness of the offense committed by the juvenile; and
    6. Any relevant information provided by the family of the juvenile, including the pro-social interests of the juvenile.
  4. A case plan developed pursuant to this section must:
    1. Address the risks the juvenile presents and the juvenile's service needs based on the results of the validated risk and needs assessment, including specific treatment goals;
    2. Specify the level of supervision and intensity of services that the juvenile shall receive;
    3. Provide referrals to treatment providers that may address the juvenile's risks and needs;
    4. Be developed in consultation with the juvenile and the juvenile's family or guardian;
    5. Specify the responsibilities of each person or agency involved with the juvenile; and
    6. Provide for the full reentry of the juvenile into the community;
  5. Criteria and policies for the early termination of juveniles under the supervision of juvenile probation.
  6. Juvenile probation and the juvenile court shall consider the following factors, among others, in determining the early termination of supervision:
    1. The seriousness of the offense committed by the juvenile resulting in placement under the supervision of a probation officer;
    2. The results of a validated risk and needs assessment, which shall be conducted at least every six months to determine whether the juvenile's risk of reoffending or risk scores in key domains have been reduced;
    3. The juvenile's progress in meeting the goals of the juvenile's individualized case plan; and
    4. The juvenile's offense history, if any, during the juvenile's probation term.
  7. Common criteria for when juvenile probation officers may recommend the use of out-of-home placements and commitment to the division of youth services. The court shall consider the results of a validated risk and needs assessment, a validated mental health screening, and, if applicable, a full mental health assessment conducted pursuant to section 24-33.5-2402 to make decisions concerning the placement of the juvenile.

Probation Officers

Juvenile probation officers, for the purpose of performing their duties, shall have all the powers of peace officers.

The juvenile court is authorized to appoint juvenile probation officers and such other professional and clerical personnel as may be required. 

Funding

Appropriations

The general assembly shall appropriate money for the provision of services to juveniles to the department of human services. The department of human services shall allocate such money by each judicial district in the state. Such appropriation and allocation shall be made based upon the formula developed in section 19-2-212(1)(b). The department of human services shall administer the appropriated money. The money appropriated to the department of human services for allocation by each judicial district must be expended in the judicial district by the department of human services for services to juveniles that are intended to prevent the juvenile from being held in detention prior to adjudication, sentenced to detention, or committed to the department of human services or to reduce the length of time the juvenile is held in preadjudication or postadjudication detention or held in a commitment facility operated under section 19-2-403. If a judicial district has a local juvenile services planning committee, the expenditure of money for juvenile services in the judicial district shall be made in accordance with the plan developed pursuant to section 19-2-211.

Juvenile Diversion Cash Fund

Fifty percent of the moneys collected pursuant to section 18-4-509(2)(a), C.R.S., shall be transmitted to the state treasurer, who shall credit the same to the juvenile diversion cash fund, which fund is hereby created and referred to in this section as the “fund”. The moneys in the fund shall be subject to annual appropriation by the general assembly for the direct and indirect costs associated with the implementation of the juvenile diversion program pursuant to section 19-2-303.

Fees

No fee prescribed by statute.

Additional Resources

Colorado Judicial Branch

Probation Departments by County

Denver Juvenile Probation

Probation Services

Fact Sheet

Probation Officer Job Description

Data Collection

Annual Statistical Reports

Annual Recidivism Reports

Citations

C.R.S.A. § 19-2-101 et seq. (The Colorado Juvenile Justice System)

C.R.S.A. § 13-1-101 et seq. (Courts of Record)

Juvenile Procedure Rule 1 et seq. (Colorado Rules of Juvenile Procedure)

 Connecticut

CT flag

Responsible Branch

Judicial

Organization

Local: The Court Support Services Division (CSSD) oversees and provides support for the twelve Juvenile Matters Courts responsible for juvenile probation.

Purpose

CSSD Juvenile Probation Services are designed to provide information to judges, enable monitoring of court-ordered conditions, and provide services to court-involved children and their families to increase the chances of successful rehabilitation.

It is the intent of the General Assembly that the juvenile justice system provides individualized supervision, care, accountability and treatment in a manner consistent with public safety to those juveniles who violate the law. The juvenile system shall also promote prevention efforts through the support of programs and services designed to prevent re-offending. The goals of the juvenile justice system shall be to:

  1. Hold juveniles accountable for their unlawful behavior;
  2. Provide secure and therapeutic confinement to those juveniles who present a danger to the community;
  3. Adequately protect the community and juveniles;
  4. Provide programs and services that are community-based and in close proximity to the juvenile’s community;
  5. Maintain and support juveniles within their homes whenever possible and appropriate;
  6. Base probation case planning upon individual risks and needs;
  7. Include the juvenile’s family in case planning;
  8. Provide supervision and service coordination where appropriate and implement and monitor the case plan in order to discourage reoffending;
  9. Provide follow-up and community-based services to juveniles who are returned to their families or communities;
  10. Promote the development and implementation of community-based programs designed to prevent reoffending and to effectively minimize the depth and duration of the juvenile’s involvement in the juvenile justice system; and
  11. Create and maintain programs for juveniles that (A) are developmentally appropriate, trauma informed and gender responsive, and (B) incorporate restorative principles and practices.

The continuum of community-based programs shall be designed to address the individual risks and needs of juveniles, shall have the capacity to take into account each juvenile’s history, age, maturity and social development, gender, mental health, alcohol or drug use, need for structured supervision and other characteristics, and shall be culturally appropriate, trauma-informed and provided in the least restrictive environment possible in a manner consistent with public safety.

Interstate Compact Participant

Yes

Process

In determining the appropriate disposition of a child adjudicated as delinquent, the court shall consider:

  1. The child’s age and intellectual, cognitive and emotional development;
  2. The seriousness of the offense, including any aggravating or mitigating factors;
  3. The impact of the offense on any victim;
  4. The child’s record of delinquency;
  5. The child’s willingness to participate in available programs;
  6. The child’s prior involvement with the Department of Children and Families as a committed delinquent;
  7. The child’s prior involvement with juvenile probation;
  8. The child’s history of participation in and engagement with programming and service interventions;
  9. The identified services, programs and interventions that will best address the child’s needs and risk of reoffending, as indicated by the risk and needs assessment administered by the Court Support Services Division and any other relevant evidence; and
  10. The level of supervision indicated by the risk and needs assessment administered by the Court Support Services Division and any other relevant evidence.

Upon adjudication of a child as delinquent, the court may (1) discharge the child from the court’s jurisdiction with or without a warning, (2) place the child on probation supervision for a period not to exceed eighteen months, which may be extended by not more than twelve months, for a total supervision period not to exceed thirty months, or (3) place the child on probation supervision with residential placement, for a period not to exceed eighteen months, which may be extended by not more than twelve months, for a total supervision period not to exceed thirty months.

An adjudicated child shall not be placed on probation supervision with residential placement in a secure or staff-secure facility unless a current predisposition study has been completed and reviewed by the court and: (1) Such placement is indicated by the child's clinical and behavioral needs; or (2) the level of risk the child poses to public safety cannot be managed in a less restrictive setting. The court shall consider all relevant reports, evaluations and studies proffered or admitted as evidence. The child's length of stay in a residential facility shall be dependent on the child's treatment progress and attainment of treatment goals.

If a violation of probation supervision or probation supervision with residential placement is established, the court may continue or revoke the order of probation supervision or probation supervision with residential placement or modify or enlarge the conditions of probation supervision or probation supervision with residential placement.

Terms of Probation

As a condition of probation supervision or probation supervision with residential placement, the court may order that the child:

  1. Participate in a youth service bureau program;
  2. Reside with a parent, relative or guardian or in a suitable residence approved by the court;
  3. Attend school and class on a regular basis and comply with school policies on student conduct and discipline;
  4. Refrain from violating any federal or state law or municipal or local ordinance;
  5. Undergo any medical or psychiatric evaluation or treatment deemed necessary by the court;
  6. Submit to random drug or alcohol testing, or both;
  7. Participate in a program of alcohol or drug treatment, or both;
  8. Participate in a program of community service;
  9. Obtain technical or vocational training, or both;
  10. Make a good faith effort to obtain and maintain employment;
  11. Be placed in an appropriate residential facility and remain in such facility until discharged;
  12. Not leave the state without notification of and permission from his or her probation officer;
  13. Notify his or her probation officer of any change of address or phone number within forty-eight hours of such change;
  14. Make all reasonable efforts to keep all appointments scheduled by the probation officer, evaluators and therapists, and notify his or her probation officer if he or she is unable to keep any such appointment;
  15. Obey any graduated responses ordered by his or her probation officer;
  16. Initiate no contact with any victim of the offense; and
  17. Satisfy any other conditions deemed appropriate by the court.

The court may also order as a condition of probation supervision or probation supervision with residential placement that the child or the parents or guardian of the child, or both, make restitution to the victim of the offense.

Modification

At any time during the period of probation supervision or probation supervision with residential placement, after hearing and for good cause shown, the court may modify or enlarge the conditions, whether originally imposed by the court under this section or otherwise, and may extend the period of probation supervision or probation supervision with residential placement by not more than twelve months, for a total maximum supervision period not to exceed thirty months, as deemed appropriate by the court.

Probation Officers

The court and juvenile probation officers and other staff of the Court Support Services Division shall apply such services and sanctions and make such secure placements in a manner consistent with public safety in order to (1) deter any such child from the commission of any further delinquent act, and (2) ensure that the safety of any other persons will not be endangered.

The judges of the Superior Court, or in the discretion of the Chief Court Administrator, a committee of said judges designated by the Chief Court Administrator, shall appoint such probation officers, probation aides, clerks, detention personnel, clerical assistants and other personnel, including supervisory staff, as they deem necessary for the treatment and handling of juvenile matters within the venue districts.

They shall execute the orders of the court; and, for that purpose, such probation officers, and any other employees specifically designed by the court to assist the probation officers in the enforcement of such orders, shall have the authority of a state marshal. When executing such orders of the court, except when using deadly physical force, juvenile probation officers and juvenile matters investigators shall be deemed to be acting in the capacity of a peace officer.

Funding

With the exception of those employees whose compensation is fixed by statute, the judges of the Supreme Court shall, from time to time, prescribe the compensation plan for all employees (including probation officers) of the Supreme Court and the Superior Court and other employees of the Judicial Department.

Fees

The Judicial Department may require the parent or parents or guardian of any child who receives probation supervision to fully or partially reimburse the department for the costs of such child's supervision and may assess such person a monthly supervision fee for such purpose. If the department finds that the parents or guardian are indigent and unable to pay a probation supervision fee, it shall waive such fee.

Additional Resources

Court Support Services Division (CSSD)

CSSD Juvenile Probation

Juvenile Probation FAQs

Juvenile Probation Directory

Data Collection

Not available.

Citations

C.G.S.A. § 46b-151h et seq. (Interstate Compact for Juveniles)

C.G.S.A. § 46b-120 et seq. (General Provisions)

C.G.S.A. § 51-1a et seq. (Judicial Department)                   

 Delaware

DE flag

Responsible Branch

Executive

Organization

State: The Division of Youth Rehabilitative Services (DYRS), one of three service division within the Department of Services for Children, Youth and Their Families (DSCYF), is responsible for juvenile probation in the state. The unit is headed by a Senior Probation and Parole Officer Supervisor and has seven Senior Probation and Parole Officers (five located in New Castle County and two located in Kent/Sussex counties), as well as three GPS assistants.

Purpose

The goal of supervision is to promote positive outcomes for youth and families through appropriate interventions and treatment which reduces youth risk to re-offend and increased community safety.

In the firm belief that compliance with the law by the individual and preservation of the family as a unit are fundamental to the maintenance of a stable, democratic society, the General Assembly intends by enactment of this chapter that 1 court shall have original statewide civil and criminal jurisdiction over family and child matters and offenses as set forth herein. The court shall endeavor to provide for each person coming under its jurisdiction such control, care, and treatment as will best serve the interests of the public, the family, and the offender, to the end that the home will, if possible, remain unbroken and the family members will recognize and discharge their legal and moral responsibilities to the public and to one another.

Interstate Compact Participant

Yes

Process

Disposition

Following an adjudication in which the Court declares that a child is delinquent, it may:

  1. Defer proceedings pending further investigation, medical or other examinations, or where the interests of the child will thereby be served, and release the child upon the child's own recognizance or upon the recognizance of a custodian or near relative, or upon bond with surety, to appear whenever and wherever notified to do so, or where the required bond is not provided, detain the child in a facility of the Department of Services for Children, Youth and Their Families;
  2. Allow a child to remain in the child's own home with or without Court supervision;
  3. Place a child on probation;
  4. Fine a child;
  5. Order a child to make monetary restitution in whole or in part as the Court determines for out-of-pocket costs, losses or damages caused by the delinquent act of the child where the amount thereof can be ascertained;
  6. Award a judgment in favor of any municipal corporation, county, town, school district or agency of the State, or any person, partnership, corporation or association, or any religious organization whether incorporated or not, and against the parents or guardians of the delinquent child for the same or greater amount ordered against the delinquent child but not to exceed $5,000, provided that the Court finds by a preponderance of the evidence presented that:
    1. The parents or guardians knew of the child's delinquent nature; and
    2. The parents or guardians failed to take reasonable measures to control the child;
  7. Require that any restitution ordered against the delinquent child precede the liability of the parents or guardians for the monetary damages caused by the child's delinquent act;
  8. Require, in the absence of objections by the victim of the delinquent act of the child, that any restitution ordered against the delinquent child may be discharged in an appropriate community service arrangement with the understanding that failure to complete the community service work in good faith shall result in the reversion of this obligation to the monetary basis originally ordered by the Court;
  9. Award custody of a child to the Department of Services for Children, Youth and Their Families;
  10. Commit a child with a mental disorder or incapacity, or child with an intellectual disability for observation or treatment to any appropriate institution within the State, or to any institution without the State provided satisfactory arrangements can be made;
  11. Grant the care or custody of a child to any private institution within or without the State that cares for children, provided satisfactory arrangements can be made;
  12. Order the Motor Vehicle Division of the Department of Transportation to:
    1. Revoke or suspend the driving privileges or operator's license possessed by the child;
    2. Postpone the child's eligibility to obtain driving privileges or an operator's license if the child does not possess such privilege or license; or
    3. Enter immediately all traffic, alcohol and/or drug adjudications of any minor on a driving record created by the Division of Motor Vehicles notwithstanding the minor's driver’s license status, age and/or eligibility for a driver's license
    4. in any case for a period not less than 3 months nor more than 4 years;
  13. Grant custody of a person who is charged with an act of delinquency prior to reaching the age of 18 years but becomes 18 years of age prior to disposition of the charge, to the Department of Services for Children, Youth and Their Families;
  14. Order the child to be placed under house arrest;
  15. Order such other treatment, rehabilitation or care as in the opinion of the Department of Services for Children, Youth and Their Families would best serve the needs of the child and society.
  16. When the Court sentences a child to participate in counseling, mental health treatment or to a Division of Prevention and Behavioral Health Services consultation or assessment as required, the Court shall be authorized, in addition to any other disposition authorized by this section, to order such child's parents, guardian or custodian to participate in counseling as determined by the Court or as recommended by the Division of Prevention and Behavioral Health Services. Such counseling shall be designed to assist in deterring future delinquent or unruly actions or other conduct or conditions which would be harmful to the child or society. If the child is court-ordered into a detention facility or residential treatment facility, the Court may order the parents, guardian or custodian to participate in any treatment or counseling program recommended by the facility;
  17. Order any and all registrations or relief therefrom where the juvenile has been adjudicated delinquent of an offense that would otherwise render the juvenile a sex offender;
  18. Notwithstanding any provision of law or court rule to the contrary, and except for any assessment imposed, waive or suspend payment of any fine, cost or penalty assessment, including those otherwise deemed mandatory or not subject to waiver or suspension, as part of the sentence imposed on a delinquent child.

Terms of Probation

Group Supervision: Offered by the YMCA’s Back-on-Track program. This supervision option includes connection to other services which address youth needs and participation in a community service project. Back-on-Track is appropriate for first-time offenders with a low-risk to re-offend.

Individualized Case Management and Supervision through Community-based Providers: This level of support includes a group curriculum aimed at developing pro-social skills, case planning which addressed each youth’s individual needs, family engagement and connection to community-based supports, services and programs which address needs. These services are provided by Wraparound Delaware in New Castle County and the Community Supervision Resource Connection program in Kent and Sussex Counties. This level of support and supervision is appropriate for youth with low to moderate risk to re-offend who need individualized case planning.

Supervision by a DYRS Probation Officer is the most appropriate option for youth with moderate-high to high risk to re-offend, youth who have previously been served through one of our options for lower risk youth and youth on aftercare supervision. This supervision option is designed to be flexible and responsive to provide service intensity based on risk and compliance through the use of appropriate interventions, graduated sanctions and appropriate treatment. Youth may be referred or court-ordered to participate in both community-based and contracted services which are chosen to address current needs and functioning and are aimed at providing youth and families with an opportunity to develop new skills. DYRS utilizes contracted providers serve youth through the use of evidence-based and best practices whenever possible and available.

Probation Officers

Job requirements for Senior Probation and Parole Officer:

  1. Possession of a Bachelors degree or higher in Behavioral or Social Science or related field;
  2. Three years experience in case management which includes assessing, planning, developing, implementing, monitoring, and evaluating options and services to meet an individuals human service needs;
  3. Six months experience in probation and parole work which includes motivating and ensuring offenders comply with terms of court imposed probation or conditions of release from a correctional facility including arrests and searches;
  4. Six months experience in conducting investigations which includes conducting interviews to obtain confidential information, gathering evidence and documenting findings;
  5. Six months experience in providing testimony before boards, commissions, administrative bodies or court officials;
  6. Six months experience in interpreting laws, rules, regulations, standards, policies, and procedures;
  7. Six months experience in narrative report writing;
  8. Knowledge of staff training; and
  9. Possession of a valid Driver’s License (not suspended, revoked or cancelled, or disqualified from driving).

The Adjunct Services Unit provides support services to Community Services for youth with a high risk to re-offend, Gun Court clients, and other youth as needed. The officers in this unit are required to complete the Department of Corrections Training Academy – all officers are armed and have arrest and search and seizure authority.  The following list outlines the services that are provided:

  1. Apprehension of youth that have absconded from probation supervision or have active capiases/warrants;
  2. Face to Face Curfew Checks;
  3. Transportation/Extradition of youth;
  4. Escorting for Probation Officers; and
  5. Installation, monitoring, and data management of GPS electronic monitoring.

DYRS Community Services has developed a unit to work with youth who have demonstrated Inappropriate Sexual Behaviors.  The individuals in this unit have undergone significant training to understand adolescent inappropriate sexual behavior.  The unit takes a victim centered approach.  This unit utilizes empirically based assessment tools to evaluate the level of risk the youth presents for re-offending, their individual risk factors, and their protective factors.  This allows for the following to occur:

  1. Accurate assessment of risk and risk factors;
  2. Accurately identifies protective factors that will increase outcomes;
  3. Identifying the appropriate level of services to address the risk factors for re-offending;
  4. Allows for the development of safety plans and relapse prevention plans based on targeted risk factors;
  5. Improves outcomes by matching appropriate services to risk factors, which promotes positive outcomes; and
  6. Improves family outcomes by providing services directly related to a specific family’s needs.

Funding

All of the accounts on the Department shall be paid by warrant drawn upon the State Treasurer.

Fees

Not prescribed by statute.

Additional Resources

Community Services/Probation & Aftercare

Positive Achievement Change Tool®

Data Collection

Juvenile Justice Report (2012)

Citations

31 Del.C. § 5101 et seq. (The Youth Services Commission of Delaware)

31 Del.C. § 5201 et seq. (Interstate Compact on Juveniles)

10 Del.C. § 901 et seq. (The Family Court of the State of Delaware)

 Florida

FL flag

Responsible Branch

Executive

Organization

Hybrid: Regionally split into the following:

  1. North Region
  2. Central Region
  3. South Region

Purpose

The purposes of this chapter are:

  1. To increase public safety by reducing juvenile delinquency through effective prevention, intervention, and treatment services that strengthen and reform the lives of children.
  2. To provide judicial and other procedures to assure due process through which children, victims, and other interested parties are assured fair hearings by a respectful and respected court or other tribunal and the recognition, protection, and enforcement of their constitutional and other legal rights, while ensuring that public safety interests and the authority and dignity of the courts are adequately protected.
  3. To provide an environment that fosters healthy social, emotional, intellectual, educational, and physical development; to ensure secure and safe custody; and to promote the health and well-being of all children under the state's care.
  4. To ensure the protection of society, by providing for a comprehensive standardized assessment of the child's needs so that the most appropriate control, discipline, punishment, and treatment can be administered consistent with the seriousness of the act committed, the community's long-term need for public safety, the prior record of the child, and the specific rehabilitation needs of the child, while also providing, whenever possible, restitution to the victim of the offense.
  5. To preserve and strengthen the child's family ties whenever possible, by providing for removal of the child from the physical custody of a parent only when his or her welfare or the safety and protection of the public cannot be adequately safeguarded without such removal; and, when the child is removed from his or her own family, to secure custody, care, and discipline for the child as nearly as possible equivalent to that which should have been given by the parents.
    1. To assure that the adjudication and disposition of a child alleged or found to have committed a violation of Florida law be exercised with appropriate discretion and in keeping with the seriousness of the offense and the need for treatment services, and that all findings made under this chapter be based upon facts presented at a hearing that meets the constitutional standards of fundamental fairness and due process.
    2. To assure that the sentencing and placement of a child tried as an adult be appropriate and in keeping with the seriousness of the offense and the child's need for rehabilitative services, and that the proceedings and procedures applicable to such sentencing and placement be applied within the full framework of constitutional standards of fundamental fairness and due process.
  6. To provide children committed to the department with training in life skills, including career and technical education, when appropriate.
  7. To care for children in the least restrictive and most appropriate service environments to ensure that children assessed as low and moderate risk to reoffend are not committed to residential programs, unless the court deems such placement appropriate.
  8. To allocate resources for the most effective programs, services, and treatments to ensure that children, their families, and their community support systems are connected with these programs at the points along the juvenile justice continuum where they will have the most impact.

Interstate Compact Participant

Yes

Process

Every youth under the age of 18 charged with a crime in Florida is referred to the Department of Juvenile Justice. A referral is similar to an arrest in the adult criminal justice system. The Department provides a recommendation to the State Attorney and the Court regarding appropriate sanctions and services for the youth. When making a recommendation, the Department has several options that allow the youth to remain in his or her home community.

One option is diversion, which uses programs that are alternatives to the formal juvenile justice system for youth who have been charged with a minor crime. Diversion programs include Community Arbitration, Juvenile Alternative Services Program (JASP), Teen Court, Intensive Delinquency Diversion Services (IDDS), Civil Citation, Boy and Girl Scouts, Boys and Girls Clubs, mentoring programs, and alternative schools.

Each youth is assigned a Juvenile Probation Officer who monitors compliance and helps the youth connect with service providers. If the youth does not comply with Probation, is charged with a serious crime, or has a significant history of offenses, the youth may be ordered to live in a residential facility for a period of time.

The court that has jurisdiction over an adjudicated delinquent child may, by an order stating the facts upon which a determination of a sanction and rehabilitative program was made at the disposition hearing, place the child in a probation program or a post commitment probation program. Such placement must be under the supervision of an authorized agent of the department or of any other person or agency specifically authorized and appointed by the court, whether in the child's own home, in the home of a relative of the child, or in some other suitable place under such reasonable conditions as the court may direct.

An identification of the child's risk of reoffending shall be provided by the department, taking into account the child's needs and risks relative to probation supervision requirements to reasonably ensure the public safety. Probation programs for children shall be supervised by the department or by any other person or agency specifically authorized by the court. These programs must include, but are not limited to, structured or restricted activities as described in this section and s. 985.439, and shall be designed to encourage the child toward acceptable and functional social behavior.

Terms of Probation

Youth referred for diversion and or court supervision may have a variety of conditions or sanctions of supervision, such as the following:

  1. Restitution (payment) to the victim(s);
  2. No victim contact;
  3. Community service hours;
  4. Letter of apology to the victim(s);
  5. Curfew;
  6. Forfeiture of driver's license;
  7. Avoid contact with co-defendants, friends, or acquaintances who are deemed to be inappropriate associations;
  8. Referrals to local social service agencies; and
  9. Substance abuse or mental health counseling

Youth on Probation or Conditional Release may be ordered by the Court (or referred by the Department) to attend a Day Treatment program while they are being supervised. Day Treatment programs provide additional monitoring of youth and typically offer an alternative educational setting. They also provide additional services, such as anger management classes, social skills building, and substance abuse education

A probation program for an adjudicated delinquent child must include a penalty component such as:

  1. Restitution in money or in kind;
  2. Community service;
  3. A curfew;
  4. Revocation or suspension of the driver license of the child; or
  5. Other nonresidential punishment appropriate to the offense.

A probation program must also include a rehabilitative program component such as a requirement of participation in substance abuse treatment or in a school or career and technical education program. The nonconsent of the child to treatment in a substance abuse treatment program in no way precludes the court from ordering such treatment. Upon the recommendation of the department at the time of disposition, or subsequent to disposition pursuant to the filing of a petition alleging a violation of the child's conditions of post commitment probation, the court may order the child to submit to random testing for the purpose of detecting and monitoring the use of alcohol or controlled substances.

A probation program may also include an alternative consequence component to address instances in which a child is noncompliant with technical conditions of his or her probation but has not committed any new violations of law. The alternative consequence component is designed to provide swift and appropriate consequences to any noncompliance with technical conditions of probation. If the probation program includes this component, specific consequences that apply to noncompliance with specific technical conditions of probation must be detailed in the disposition order.

If supervision or a program of community service is ordered by the court, the duration of such supervision or program must be consistent with any treatment and rehabilitation needs identified for the child and may not exceed the term for which sentence could be imposed if the child were committed for the offense, except that the duration of such supervision or program for an offense that is a misdemeanor of the second degree, or is equivalent to a misdemeanor of the second degree, may be for a period not to exceed 6 months.

The court may conduct judicial review hearings for a child placed on probation for the purpose of fostering accountability to the judge and compliance with other requirements, such as restitution and community service. The court may allow early termination of probation for a child who has substantially complied with the terms and conditions of probation.

This section is applicable when the court has jurisdiction over a child on probation or post commitment probation, regardless of adjudication.

If the conditions of the probation program or the post commitment probation program are violated, the department or the state attorney may bring the child before the court on a petition alleging a violation of the program. A child who violates the conditions of probation or post commitment probation must be brought before the court if sanctions are sought.

A child taken into custody under s. 985.101 for violating the conditions of probation shall be screened and detained or released based on his or her risk assessment instrument score.

If the child denies violating the conditions of probation or post commitment probation, the court shall, upon the child's request, appoint counsel to represent the child.

Upon the child's admission, or if the court finds after a hearing that the child has violated the conditions of probation or post commitment probation, the court shall enter an order revoking, modifying, or continuing probation or post commitment probation. In each such case, the court shall enter a new disposition order and, in addition to the sanctions set forth in this section, may impose any sanction the court could have imposed at the original disposition hearing. If the child is found to have violated the conditions of probation or post commitment probation, the court may:

  1. Place the child in supervised release detention with electronic monitoring.
  2. If the violation of probation is technical in nature and not a new violation of law, place the child in an alternative consequence program designed to provide swift and appropriate consequences to any further violations of probation.
    1. Alternative consequence programs shall be established, within existing resources, at the local level in coordination with law enforcement agencies, the chief judge of the circuit, the state attorney, and the public defender.
    2. Alternative consequence programs may be operated by an entity such as a law enforcement agency, the department, a juvenile assessment center, a county or municipality, or another entity selected by the department.
    3. Upon placing a child in an alternative consequence program, the court must approve specific consequences for specific violations of the conditions of probation.
  3. Modify or continue the child's probation program or post commitment probation program.
  4. Revoke probation or post commitment probation and commit the child to the department.

Upon the recommendation of the department at the time of disposition, or subsequent to disposition pursuant to the filing of a petition alleging a violation of the child's conditions of post commitment probation, the court may order the child to submit to random testing for the purpose of detecting and monitoring the use of alcohol or controlled substances.

Probation Officers

All program staff of the department and providers who deliver direct-care services (including probation officers) who are hired after October 1, 1999, must meet the following minimum requirements:

  1. Be at least 19 years of age.
  2. Be a high school graduate or its equivalent as determined by the department.
  3. Not have been convicted of any felony or a misdemeanor involving perjury or a false statement or have received a dishonorable discharge from any of the Armed Forces of the United States. Any person who, after September 30, 1999, pleads guilty or nolo contendere to or is found guilty of any felony or a misdemeanor involving perjury or false statement is not eligible for employment, notwithstanding suspension of sentence or withholding of adjudication. Notwithstanding this subparagraph, any person who pled nolo contendere to a misdemeanor involving a false statement before October 1, 1999, and who has had such record of that plea sealed or expunged is not ineligible for employment for that reason.
  4. Abide by all of s. 985.644(1) regarding fingerprinting and background investigations and other screening requirements for personnel.
  5. Execute and submit to the department an affidavit-of-application form, adopted by the department, attesting to his or her compliance with subparagraphs 1.-4. The affidavit must be executed under oath and constitutes an official statement under s. 837.06. The affidavit must include conspicuous language that the intentional false execution of the affidavit constitutes a misdemeanor of the second degree. The employing agency shall retain the affidavit.

Funding

There is created within the State Treasury a Juvenile Justice Training Trust Fund to be used by the department for the purpose of funding the development and updating of a job-task analysis of juvenile justice personnel; the development, implementation, and updating of job-related training courses and examinations; and the cost of juvenile justice training courses.

One dollar from every noncriminal traffic infraction collected pursuant to ss. 318.14(10)(b) and 318.18 shall be deposited into the Juvenile Justice Training Trust Fund.

In order to encourage the development of a circuit juvenile justice plan and the development and implementation of circuit interagency agreements under s. 985.664, the community juvenile justice partnership grant program is established and shall be administered by the department.

There is created in the Department of Juvenile Justice the Juvenile Welfare Trust Fund. The fund shall be credited with proceeds from the operation of canteens, vending machines, hobby shops, activity centers, farming projects, donations to a program, contracted telephone commissions, and other such facilities or programs designated as accruing to the Juvenile Welfare Trust Fund. The purpose of the trust fund shall be for the benefit and welfare of juveniles committed to or detained in facilities operated by the department or by private vendors contracting with the department.

Fees

When any child is placed into supervised release detention, probation, or other supervision status with the department, or is committed to the minimum-risk nonresidential restrictiveness level, the court shall order the parent of such child to pay to the department a fee for the cost of the supervision of such child in the amount of $1 per day for each day that the child is in such status.

The parent of any child who has been placed under the supervision or care of the department shall provide to the department his or her name, address, social security number, date of birth, driver license number or identification card number, and sufficient financial information so as to assist the court in determining the parent's ability to pay any fee associated with the cost of the child's supervision or care. If the parent refuses to provide the department with the information required by this subsection, the court shall order the parent to provide such information. The failure of the parent to comply with such order of the court constitutes contempt of court, and the court may punish the parent accordingly.

At the time of any detention or disposition hearing, the court shall receive the information described in subsection (2), as well as any other verbal or written information offered as to the ability of the parent of a child who is being placed under the supervision or care of the department to pay any fee imposed pursuant to this section and whether the payment of such fee will create a significant financial hardship. The court may apportion the obligation for the fee to each parent in a manner it deems appropriate; however, the total amount of the daily fee may not exceed the amounts specified in this section. Any finding made by the court as to the ability of the parent to pay such fee, including any finding of indigency or significant financial hardship, shall be in writing and shall contain a detailed description of the facts supporting such finding. If the court makes a finding of indigency and significant financial hardship, the court shall waive the fee or reduce it to an amount deemed appropriate.

The court may reduce or waive the fee as to each parent if the court makes a finding on the record that the parent was the victim of the delinquent act or violation of law for which the child has been placed under the supervision or care of the department and that the parent is cooperating or has cooperated with the investigation of the offense.

The court shall order the payment of any fees required in this section as part of the detention or disposition order. Such order must include specific written findings as to what fees are ordered, reduced, or waived. If the court fails to enter an order as required by this section, the parent is deemed to have an obligation to pay to the department a fee in the amount of $1 per day for each day that the child is under the supervision of the department and $5 per day for each day that the child remains in the care of the department.

With respect to a child who reaches the age of 18 prior to the detention or disposition hearing, the court may elect to direct an order required by this section to such child, rather than to the child's parent. With regard to a child who reaches 18 while under the supervision or care of the department, the court may, upon proper motion of any party, hold a hearing as to whether any party should be further obligated to pay any fee associated with cost of the supervision or care of such child. If the court does not enter an order under this subsection, it shall be presumed that the court intended for the parent to pay or to continue to pay the fees specified in this section. Any order entered pursuant to this subsection must include specific findings as to what fees are ordered, reduced, or waived as to the child.

Additional Resources

Florida Department of Juvenile Justice: Probation & Community Intervention Overview

Community Assessment Tool

Interstate Compact for Juveniles

Juvenile Detention Alternatives Initiative (JDAI)

Probation Guidelines & Tools

Probation Field Training Manual

Administrative Rules

FAQs

Juvenile Justice Process

Data Collection

Not available.

Citations

Fla. R. Juv. P. Rule 8.000 et seq. (Florida Rules of Juvenile Procedure)

West’s F.S.A. § 985.01 et seq. (Juvenile Justice; Interstate Compact on Juveniles)

 Georgia

GA flag

Responsible Branch

Hybrid

Organization

Hybrid: Administered by county juvenile probation offices in tandem with the Department of Juvenile Justice which provides for supervision, detention, and rehabilitation of delinquent children committed to the state’s custody.

Purpose

The policy and intent of the General Assembly in delinquency and other child related problems and community-based services can be summarized as follows:

  1. Such programs should be planned and organized at the community level within the state, and such planning efforts should include appropriate representation from local government, local agencies serving families and children, both public and private, local business leaders, citizens with an interest in youth problems, youth representatives, and others as may be appropriate in a particular community. The role of the state should be to provide technical assistance, access to funding, program information, and assistance to local leadership in appropriate planning;
  2. When a child is adjudicated to be within the jurisdiction of the juvenile court or other state agencies, such child should be carefully evaluated through the available community-level resources including a comprehensive team of mental health providers, social services providers, public health and other available medical providers, public schools, and others, as appropriate, prior to the juvenile hearing dealing with disposition so that the disposition of the court may be made with an understanding of the needs of the child and after consideration of the resources available to meet those needs;
  3. It is contrary to the policy of the state for a court to separate a child from his or her own family or commit a child to an institution without a careful evaluation of the needs of the child;
  4. The General Assembly finds that state and local government should be responsive to the need for community-based services which would provide an alternative to commitment to an institution. The General Assembly intends that state government should be responsive to this need through the council by helping public and private local groups to plan, develop, and fund community-based programs, both residential and nonresidential;
  5. It is the intent of the General Assembly that the council develop a funding mechanism that will provide state support for programs that meet the standards developed under the provisions of this part.

Interstate Compact Participant

Yes

Process

An order granting probation to a child adjudicated for a delinquent act may be revoked on the ground that the conditions of probation have been violated.

When a violation of a condition of probation occurs, a child may have an administrative hearing conducted by a hearing officer. If the hearing officer determines by a preponderance of the evidence that such child violated the conditions of probation, the probation officer shall be authorized to impose graduated sanctions.

When a child has been ordered to a probation management program or secure probation sanctions program, the court shall retain jurisdiction throughout the period of the probated sentence and may modify or revoke any part of a probated sentence.

The court may terminate an order of disposition or an extension of such a disposition order prior to its expiration, on its own motion or an application of a party, if it appears to the court that the purposes of the order have been accomplished.

Terms of Probation

In any case in which such child who has not achieved a high school diploma or the equivalent is placed on probation, the court shall consider and may order as a condition of probation that he or she pursue a course of study designed to lead to achieving a high school diploma or the equivalent;

An order suspending such child's driver's license for a period not to exceed the date on which he or she reaches 18 years of age or, in the case of a child who does not have a driver's license, an order prohibiting the issuance of a driver's license to such child for a period not to exceed the date on which he or she reaches 18 years of age. The court shall retain the driver's license during such period of suspension and return it to such child at the end of such period. The court shall notify the Department of Driver Services of any actions taken pursuant to this paragraph;

Supervised

An order placing such child on probation under conditions and limitations the court prescribes and which may include the probation management program. The court may place such child on probation under the supervision of:

  1. A probation officer of the court or the court of another state or a community supervision officer;
  2. Any public agency authorized by law to receive and provide care for such child; or
  3. Any community rehabilitation center if its chief executive officer has acknowledged in writing its willingness to accept the responsibility for the supervision of such child;

Unsupervised

An order placing a child on unsupervised probation under conditions and limitations the court prescribes.

Any other order of disposition (including probation) except an order of restitution as allowed by paragraph (7) or (8) of subsection (a) of Code Section 15-11-601 shall continue in force for not more than two years. An order of extension may be made if:

  1. A hearing is held prior to the expiration of the order on the court's own motion or upon motion of DJJ or the prosecuting attorney;
  2. Reasonable notice of the factual basis of the motion and of the hearing and opportunity to be heard are given to the parties affected;
  3. The court finds that the extension is necessary to accomplish the purposes of the order extended; and
  4. The extension does not exceed two years from the expiration of the prior order.

Except as otherwise provided in paragraph (7) of subsection (a) of Code Section 15-11-601 and Code Section 17-14-5, when a child reaches 21 years of age, all orders affecting him or her then in force terminate and he or she is discharged from further obligation or control.

Probation Officers

Juvenile Probation Parole Specialist (JPPS)

Juvenile Probation/Parole Specialist I:   Completion of a bachelor’s degree OR two years of experience in researching criminal history records, examining court records for criminal proceedings and in preparing report of findings OR two years of experience as a certified peace officer.  

Juvenile Probation/Parole Specialist II:  Completion of an undergraduate degree from an accredited college or university OR three years experience as a Juvenile Probation/Parole Specialist I; AND a passing score on the Criminal Justice Exam.  NOTE:  Positions require eligibility for POST certification for the related agency.

Must pass the Criminal Justice Test with a score of 70 or higher.  Exam should be taken prior to submitting applications.   Proof of current test scores must be submitted with application to be eligible for consideration

Funding

A child and his or her parent, guardian, or legal custodian may be jointly and severally liable for the payment of fees. The judge shall provide that any such fees shall be imposed on such terms and conditions as shall assure that the funds for the payment are from moneys earned by such child. All moneys collected by the clerk under this subsection shall be transferred to the county treasurer, or such other county official or employee who performs duties previously performed by the treasurer, who shall deposit the moneys into a county supplemental juvenile services fund. The governing authority of the county shall appropriate moneys from the county supplemental juvenile services fund to the juvenile court for the court's discretionary use in providing community services described in subsection (a) of this Code section to child offenders. These funds shall be administered by the county and the court may draw upon them by submitting invoices to the county. The county supplemental juvenile services fund may be used only for these services. Any moneys remaining in the fund at the end of the county fiscal year shall not revert to any other fund but shall continue in the county supplemental juvenile services fund. The county supplemental juvenile services fund may not be used to replace other funding of services.

Fees

The court may collect supervision fees from those who are placed under the court's formal or informal supervision in order that the court may use those fees to expand the provision of the following types of ancillary services:

  1. Housing in nonsecure residential facilities;
  2. Educational services, tutorial services, or both;
  3. Counseling and diagnostic testing;
  4. Mediation;
  5. Transportation to and from court ordered services;
  6. Truancy intervention services;
  7. Restitution programs;
  8. Job development or work experience programs;
  9. Community services; and
  10. Any other additional programs or services needed to meet the best interests, development, and rehabilitation of a child.

The juvenile court may order each delinquent child or child in need of services who receives supervision to pay to the clerk of the court:

  1. An initial court supervision user's fee of not less than $10.00 nor more than $200.00; and
  2. A court supervision user's fee of not less than $00 nor more than $30.00 for each month that a child receives supervision.

Additional Resources

Georgia Department of Juvenile Justice: Division of Community Services

FAQs

Community Services Offices

Data Collection

Not available.

Citations

Ga. Code Ann., § 49-4A-1 et seq. (Department of Juvenile Justice)

Ga. Code Ann., § 49-4B-1 et seq. (Interstate Compact for Juveniles)

Ga. Code Ann., § 49-5-150 et seq. (Delinquency Prevention and Community Based Services)

Ga. Code Ann., § 15-11-1 (Juvenile Code)

 Hawaii

HI flag

Responsible Branch

Judicial

Organization

Hybrid: Administered by the Family Courts within the O’ahu, Maui, Hawai’I, and Kaua’I Circuit Courts.

Purpose

This chapter shall be liberally construed to the end that children and families whose rights and well-being are jeopardized shall be assisted and protected, and secured in those rights through action by the court; that the court may formulate a plan adapted to the requirements of the child and the child's family and the necessary protection of the community, and may utilize all state and community resources to the extent possible in its implementation.

This chapter creates within this State a system of family courts and it shall be a policy and purpose of said courts to promote the reconciliation of distressed juveniles with their families, foster the rehabilitation of juveniles in difficulty, render appropriate punishment to offenders, and reduce juvenile delinquency. The court shall conduct all proceedings to the end that no adjudication by the court of the status of any child under this chapter shall be deemed a conviction; no such adjudication shall impose any civil disability ordinarily resulting from conviction; no child shall be found guilty or be deemed a criminal by reason of such adjudication; no child shall be charged with crime or be convicted in any court except as otherwise provided in this chapter; and all children found responsible for offenses shall receive dispositions that provide incentive for reform or deterrence from further misconduct, or both. The disposition made of a child or any evidence given in the court, shall not operate to disqualify the child in any civil service or military application or appointment. Any evidence given in any case under section 571-11 shall not in any civil, criminal, or other cause in any court be lawful or proper evidence against the child for any purpose whatever except in subsequent cases involving the same child under section 571-11.

Interstate Compact Participant

Yes

Process

Assessments

Prior to disposition, the court shall conduct a risk and needs assessment, using the tool procured and validated pursuant to section 571-5, for each child concerning whom a petition has been filed pursuant to section 571-11(1) and (2).

In addition to the risk and needs assessment, a social study and a report in writing shall be made in the case of a child concerning whom a petition has been filed under section 571-11(1) and (2), except where the judge waives the requirement to make a social study and a report in writing. The study shall be initiated upon the filing of a petition except in petitions filed under section 571-11(1) when it is ascertained that the child denies the allegations set forth in the petition. In such case the study shall proceed only after the court after hearing has made a finding as to the allegations of the petition.

The results of the risk and needs assessment and any social studies required by this section shall be presented to and considered by the judge prior to making disposition pursuant to section 571-41(d).

If the results of the risk and needs assessment indicate a substance abuse or mental health need, the probation officer shall immediately refer the child to the department of health for an eligibility determination.

When it appears to the court's staff that, because of a violation of law or of a supervisory order, a child under the court's jurisdiction should be removed from the child's home or that the child's probation should be revoked, or special conditions imposed, it shall file a motion for review and change of decree. Such motion shall include a statement of the facts and shall set forth the reasons for the proposed review and change.

Upon receipt of the motion, the court may order a hearing to determine the allegations of the motion.

The court may modify a condition of protective supervision or probation included in its decree. Such modification shall be given to the parties in writing, and the parties may petition the court to hold a hearing on the advisability of the modification.

A child placed on probation pursuant to section 571-48(1)(A) shall be eligible to receive earned discharge credits to reduce the length of the probation term. Earned discharge credits shall reduce the term of probation by thirty days for each calendar month of compliance with the rules and conditions of probation.

A child is deemed to be compliant with the rules and conditions of probation and shall be awarded earned discharge credits for the month, if there was no violation of rules and conditions of probation that month at a level that would warrant the filing of a petition or violation report. The court, at the request of the probation officer or on its own motion, may award discharge credits to children who have demonstrated substantial compliance with the rules and conditions of probation.

The judiciary shall adopt guidelines and procedures for the awarding of earned credits for discharge from probation.

Each administrator of the juvenile client services branch in each judicial circuit shall annually provide to the board of family court judges and the Hawaii juvenile justice state advisory council, the number and per cent of youth who received earned discharge credits and the number of credits earned by each youth.

Informal Adjustment for Status Offenders

When a child reasonably believed to come within section 571-11(2) is referred to the court or other designated agency, informal adjustment shall be provided to the child by an intake officer duly authorized by the family court only where the facts reasonably appear to establish prima facie jurisdiction and are admitted and where a consent is obtained from the child's parent, guardian, or legal custodian, and the child, if of sufficient age and understanding. Informal adjustment under this section may include, among other suitable methods, programs, and procedures, listed in section 571-31.4(c), except section 571-31.4(c)(1), and provided that placement with shelter facilities under section 571-31.4(c)(9) shall be on a nonsecure basis unless the child is processed under subsection (b).

In the event resources and services for informal adjustment are not available, have failed, are reasonably believed to fail if attempted, or are unable to respond to the needs of the child or family, the intake officer shall proceed with formal action, or take such action as is otherwise allowed under this chapter.

Informal Adjustment for Law Violators

When a child reasonably believed to come within section 571-11(1) is referred to the court or other designated agency, and is not diverted from processing, informal adjustment may be provided to the child by an intake officer duly authorized by the family court only where the facts reasonably appear to establish prima facie jurisdiction and are admitted and where a consent is obtained from the child's parent, guardian, or legal custodian, and the child, if of sufficient age and understanding.

The deputy chief court administrators of each circuit shall together establish a framework that includes the criteria probation officers shall use to guide the exercise of discretion in providing informal adjustment.

Informal adjustment under this section may include, among other suitable methods, programs, and procedures, the following:

  1. Participation in restitution projects to obtain appropriate victim satisfaction;
  2. Participation in community service projects so as to establish the child's self-value in the community;
  3. Participation in community-based programs which work with the child and family to maintain and strengthen the family unit so that the child may be retained in the child's own home;
  4. Submission to neighborhood courts or panels upon procedures to be established by the court. As used in this paragraph “neighborhood courts or panels” are community organizations designed to settle minor disputes between parties on a voluntary basis using mediation or nonbinding arbitration;
  5. Participation in programs to support, counsel, or provide work and recreational opportunities to help prevent delinquency;
  6. Participation in educational programs or supportive services designed to help delinquents and to encourage other youths to remain in elementary and secondary schools or in alternative learning situations;
  7. Participation in youth-initiated programs and outreach programs designed to assist youth and families;
  8. Appropriate physical and medical examinations, vocational and aptitude testing, examinations for learning disabilities or emotional dysfunctions, and suitable counseling and therapy;
  9. Placement with nonsecure or secure shelter facilities;
  10. Restitution providing for monetary payment by the parents of the child; or
  11. Participation in a restorative justice program where the child and the child's parents or guardian, and other supporters of the child, may meet with the victim harmed by the child's law violation and the victim's supporters.

In the event resources and services for informal adjustment are not available, have failed, are reasonably believed to fail if attempted, or are unable to respond to the needs of the child or family, the intake officer shall proceed with formal action, or take such action as is otherwise allowed under this chapter.

Informal Adjustment for Both

When a child is reasonably believed to come within section 571-11(1) and (2), the intake officer may exercise discretion to process informal adjustment under section 571-31.4. In making that determination, the officer shall be guided by the criteria set out in section 571-31.1(c)(1) to (5) and the criteria in the framework established pursuant to section 571-31.4(b), taking into account the availability of suitable method, program, or procedure for the child.

Terms of Probation

Every child placed on probation pursuant to section 571-48(1)(A) shall be supervised in accordance with the following requirements:

  1. Supervision levels, frequency of contacts with probation officers and the court, and referrals to treatment and programs under section 571-34(c)(7) shall be established using, among other factors, the results of the risk and needs assessment conducted pursuant to section 571-45;
  2. A case plan, as defined in section 571-2, shall be developed for each child and submitted to the court. The case plan shall be developed in consultation with the child and the child's parent, legal guardian, or custodian. The probation officer assigned to each child shall keep the child's parent, legal guardian, or custodian informed regarding development of and progress toward the case plan, the child's conduct, compliance with the conditions of probation, and any other relevant matter in the child's case;
  3. A child whose probation term and case plan require in-person visits with a probation officer shall receive at least one home visit; provided that the first visit shall take place within forty-five days of the child's placement on probation; provided further that a home visit shall not be required when the probation officer has reasonable perceptions of risks to the probation officer's safety due to known factors of violent criminal activity or isolation of the child's place of residence. The probation officer shall immediately report any reasonable perceptions of risks to a supervisor and may receive permission to waive the home visit requirement for the child or to conduct the home visit accompanied by another;

Graduated Sanctions

Probation officers shall have the authority to impose graduated sanctions in response to a violation of the rules and conditions of probation, as an alternative to judicial modification or revocation pursuant to section 571-50, or to award incentives or rewards for positive behavior exhibited by the child. The graduated sanctions and incentives shall be established as follows:

  1. The judiciary shall adopt guidelines and procedures for the development and application of a statewide graduated sanctions and incentives system in accordance with this section, and the deputy chief court administrator in each judicial circuit, or the administrator's designee, shall adopt policies or procedures for the implementation of the adopted graduated sanctions and incentives system to guide probation officers in imposing sanctions and awarding incentives;
  2. The system shall include a series of presumptive sanctions for the most common types of probation violations but shall allow for a child's risk level and seriousness of violation to be taken into consideration. The system shall also identify incentives that a child may receive as a reward for compliance with the rules and conditions of probation, completion of benchmarks, or positive behavior exceeding expectations, at the discretion of the probation officer;
  3. The system shall be developed with the following objectives:
    1. To respond quickly, consistently, and proportionally to violations of the rules and conditions of probation;
    2. To reduce the time and resources expended by the court in responding to violations with judicial modification;
    3. To reduce the likelihood of a new delinquent act; and
    4. To encourage positive behavior;
  4. At a child's first meeting with a probation officer after being adjudicated and disposed to a probation term, the probation officer shall provide written and oral notification to the child regarding the graduated sanctions and incentives system to ensure the child is aware of the sanctions and incentives that may be imposed or rewarded;
  5. When issuing a sanction or incentive, the probation officer shall provide written notice to the child of the nature and date of the relevant behavior, the sanction or incentive imposed or rewarded, and, in the case of sanctions, any applicable time period in which the sanction will be in effect or by which corrective behavior must be taken. The probation officer shall provide this information to the court at the next regularly scheduled review hearing and inform the court of the child's response to the sanction or incentive; and
  6. Each administrator of the juvenile client services branch in each judicial circuit shall report annually to the board of family court judges and the Hawaii juvenile justice state advisory council, the number and the per cent of children on probation who received a graduated sanction or incentive, the types of sanctions and incentives used, and the child's current probation status.

Probation Officers

Within the scope of their duties, probation officers appointed under this chapter shall have the powers and privileges of a police officer. In addition to the probation officers appointed under section 571-6, the judges of the family courts may appoint special probation officers who shall serve without pay but who shall be entitled to be reimbursed for any cost or expense incurred by them in connection with the performance of their duties as defined by the judge.

Funding

Not prescribed by statute.

Fees

Not prescribed by statute.

Additional Resources

Hawai’i State Judiciary: Family Courts

O’ahu – First Circuit (Includes O’ahu and all other islands belonging to the State not within another Circuit)

Maui – Second Circuit (Includes the islands of Maui, Molokai, Lanai, Kahoolawe, and Molokini)

Hawai’i – Third Circuit (Includes the Island of Hawaii)

Kaua’i – Fifth Circuit (Includes the islands of Kaua’i and Niihau)

Family Court Programs

Juvenile Proceedings (For Parents)

Hawai’i State Judiciary: Office of the Administrative Director of the Courts

Data

Not available.

Citations

HRS § 601-1 et seq. (Courts and Court Officers)

HRS § 571-1 et seq. (Family Courts)

HRS § 582-1 et seq. (Interstate Compact on Juveniles)

HRS § 582D-1 et seq. (Interstate Compact for Juveniles)

Circuit Court Rule 1 et seq. (Rules of the Circuit Courts of the State of Hawaii)

Hawai’i Family Court Rules (HFCR), Rule 1 et seq. (Hawaii Family Court Rules)

 Idaho

ID flag

Responsible Branch

Judicial

Organization

Local: Provided by probation sections of the magistrate division of the district courts.

Purpose

It is the policy of the state of Idaho that the juvenile corrections system will be based on the following principles: accountability; community protection; and competency development. Where a juvenile has been found to be within the purview of the juvenile corrections act, the court shall impose a sentence that will protect the community, hold the juvenile offender accountable for his actions, and assist the juvenile offender in developing skills to become a contributing member of a diverse community. It is the further policy of the state of Idaho that the parents or other legal guardians of the juvenile offender participate in the accomplishment of these goals through participation in counseling and treatment designed to develop positive parenting skills and an understanding of the family's role in the juvenile offender's behavior. It is the further intent of the legislature that the parents of the juvenile offender be held accountable, where appropriate, through monetary reimbursement for supervision and confinement of the juvenile offender, and restitution to victims of the juvenile offender's delinquent acts. In enacting this legislation, the legislature finds that the juvenile corrections system should encompass the following aspects: day treatment, community programs, observation and assessment programs, probation services, secure facilities, after-care and assistance to counties for juvenile offenders not committed to the custody of the department of juvenile corrections.

The following is a brief description of what the legislature intends to become the components of Idaho's juvenile corrections system:

Probation. Probation officers would have twenty-four (24) hour on call responsibility for juvenile offenders and would monitor their activities on a continual basis. Probation officers would be responsible for assisting juvenile offenders and their families in accessing counseling or treatment resources, close supervision of juvenile offenders' activities, supervision of restitution and coordination of other services provided to juvenile offenders. Juvenile offenders ordered into the custody of the department of juvenile corrections would be monitored by a county probation officer.

Day treatment. Day treatment programs would be time limited nonresidential treatment and educational programs. Included in these programs would be trackers who would provide intensive supervision of juvenile offenders through daily contact and by counseling juvenile offenders regarding employment, education, courts, family and life skills. Nonresidential alcohol and drug programs would provide outpatient assessment and counseling for juvenile offenders with substance abuse problems.

Community programs. It is intended that community programs would exist throughout the state to provide twenty-four (24) hour residential supervision and treatment options to juvenile offenders in close proximity to their families and their community. It is intended that these programs would strengthen the juvenile offender's relationship with family, engender a commitment to school and employment, promote the development of competency and life skills and help juvenile offenders generalize appropriate behavior into their environment.

Observation and assessment. Regional observation and assessment centers would be provided, either directly or on a contract basis, to conduct observation and assessment of the juvenile offender in a short-term residential experience. It is intended that these programs would maintain standardized home and daily routines with intensive daily programming.

Secure facilities. Secure facilities would provide secure confinement, discipline, education and treatment of the most seriously delinquent juvenile offenders. Programs at the secure facilities would be designed to help juvenile offenders recognize accountability for delinquent behavior by confronting and eliminating delinquent norms, criminal thinking and antisocial behavior and making restitution to victims through community service or other restitution programs.

It is the further intent of the legislature that the primary purpose of this act is to provide a continuum of programs which emphasize the juvenile offender's accountability for his actions while assisting him in the development of skills necessary to function effectively and positively in the community in a manner consistent with public safety. These services and programs will individualize treatment and control of the juvenile offender for the benefit of the juvenile offender and the protection of society. It is legislative intent that the department of juvenile corrections be operated within the framework of the following principles to accomplish this mission:

  1. Provide humane, disciplined confinement to a juvenile offender who presents a danger to the community.
  2. Strengthen opportunities for the juvenile offender's development of competency and life skills by expanding the juvenile offender's access to applicable programs and community resources.
  3. Hold juvenile offenders accountable for their delinquent behavior through such means as victim restitution, community service programs and the sharing of correctional costs.
  4. Invoke the participation of the juvenile offender's parent or legal guardian in assisting the juvenile offender to recognize and accept responsibility for his delinquent or other antisocial behavior and hold the parent accountable, where appropriate, through the payment of detention costs and restitution to victims and through attendance at programs for the development of positive parenting skills designed to promote a functional relationship between the juvenile offender and his family.
  5. Develop efficient and effective juvenile correctional programs within the framework of professional correctional standards, legislative intent and available resources.
  6. Provide for a diversity of innovative and effective programs through research on delinquent behavior and the continuous evaluation of correctional programs.
  7. Assist counties in developing meaningful programs for juvenile offenders who have come into the juvenile corrections system but who have not been committed to the custody of the department of juvenile corrections.
  8. Provide programs to increase public awareness of the mission of the juvenile corrections system and encourage public participation in developing an effective juvenile corrections system designed to aid in reducing juvenile crime in this state.
  9. Develop and maintain a statewide juvenile offender information system.

Interstate Compact Participant

Yes

Process

Upon the entry of an order finding the juvenile offender is within the purview of the act, the court shall then hold a sentencing hearing in the manner prescribed by the Idaho juvenile rules to determine the sentence that will promote accountability, competency development and community protection. Prior to the entry of an order disposing of the case, other than an order of discharge or dismissal, the court may request and, if requested, shall receive a report containing the results of an inquiry into the home environment, past history, competency development, prevention or out of home placement services provided, and the social, physical and mental condition of the juvenile offender. The court shall not consider or review the report prior to the entry of an order of adjudication. Upon presentation and consideration of the report by the court, the court may proceed to sentence the juvenile offender as follows:

  1. Place the juvenile offender on formal probation for a period not to exceed three (3) years from the date of the order, except the court may place a juvenile offender on formal probation for a period not to exceed the juvenile offender's twenty-first birthday if the court finds that the juvenile offender has committed a crime of a sexual nature. If a juvenile offender is committed to the Idaho department of juvenile corrections pursuant to paragraph (s) of this subsection, the court may place the juvenile offender on probation from the date of sentencing up to three (3) years past the date of release from custody or the juvenile offender's twenty-first birthday, whichever occurs first; provided the court shall conduct a review hearing within thirty (30) days following release of the juvenile offender from the department of juvenile corrections in order to determine the conditions and term of such probation;
  2. Sentence the juvenile offender to detention pursuant to this act for a period not to exceed thirty (30) days for each act, omission or status which is prohibited by the federal, state, local or municipal law or ordinance by reason of minority only. The sentence shall not be executed unless the act, omission or status is in violation of 18 U.S.C. 922(x), or the court finds that the juvenile offender has violated the court's decree imposing the sentence as provided in this subsection.

If the court, after notice and hearing, finds that a juvenile offender has violated the court's decree imposing the sentence under circumstances that bring the violation under the valid court order exception of the federal juvenile justice and delinquency prevention act of 1974, as amended, the court may commit the juvenile offender to detention for the period of detention previously imposed at sentencing;

  1. Commit the juvenile offender to a period of detention, pursuant to this act, for a period of time not to exceed ninety (90) days for each unlawful or criminal act the juvenile offender is found to have committed, if the unlawful or criminal act would be a misdemeanor if committed by an adult, or where the juvenile offender has been adjudicated as an habitual status offender;
  2. If the juvenile offender has committed an unlawful or criminal act which would be a felony if committed by an adult, the court may commit the juvenile offender to detention for a period not to exceed one hundred eighty (180) days for each unlawful or criminal act;
  3. Whenever a court commits a juvenile offender to a period of detention, the juvenile detention center shall notify the school district where the detention center is located. No juvenile offender who is found to come within the purview of the act for the commission of a status offense shall be sentenced to detention in a jail facility unless an adjudication has been made that the juvenile offender is an habitual status offender;
  4. Commit the juvenile offender to detention and suspend the sentence on specific probationary conditions;
  5. The court may suspend or restrict the juvenile offender's driving privileges for such periods of time as the court deems necessary, and the court may take possession of the juvenile offender's driver's license. The juvenile offender may request restricted driving privileges during a period of suspension, which the court may allow if the juvenile offender shows by a preponderance of evidence that driving privileges are necessary for his employment or for family health needs;
  6. The court may order that the juvenile offender be examined or treated by a physician, surgeon, psychiatrist or psychologist, or that he receive other special care, or that he submit to an alcohol or drug evaluation, if needed, and for such purposes may place the juvenile offender in a hospital or other suitable facility;
  7. The court may order that the county probation office authorize a comprehensive substance abuse assessment of the juvenile offender. After receiving the comprehensive substance abuse assessment, and upon a finding by the court that treatment will provide a cost-effective means of achieving the sentencing goals of accountability, competency development and community protection, the court may order that the juvenile offender receive immediate treatment for substance abuse in keeping with a plan of treatment approved by the court. The initial cost of the assessment and treatment shall be borne by the department of juvenile corrections with funds allocated to the county probation office. The director of the department of juvenile corrections may promulgate rules consistent with this paragraph to establish a schedule of fees to be charged to parents by the county probation office for such services based upon the cost of the services and the ability of parents to pay;
  8. In support of an order under the provisions of this section, the court may make an additional order setting forth reasonable conditions to be complied with by the parents, the juvenile offender, his legal guardian or custodian, or any other person who has been made a party to the proceedings, including, but not limited to, restrictions on visitation by the parents or one (1) parent, restrictions on the juvenile offender's associates, occupation and other activities, and requirements to be observed by the parents, guardian or custodian;
  9. The court may make any other reasonable order which is in the best interest of the juvenile offender or is required for the protection of the public, except that no person under the age of eighteen (18) years may be committed to jail, prison or a secure facility which does not meet the standards set forth in section 20-518, Idaho Code, unless jurisdiction over the individual is in the process of being waived or has been waived pursuant to section 20-508 or 20-509, Idaho Code. The court may combine several of the above-listed modes of disposition where they are compatible;
  10. An order under the provisions of this section for probation or placement of a juvenile offender with an individual or an agency may provide a schedule for review of the case by the court;
  11. Order the proceeding expanded or altered to include consideration of the cause pursuant to chapter 16, title 16, Idaho Code;
  12. Order the case and all documents and records connected therewith transferred to the magistrate division of the district court for the county where the juvenile offender and/or parents reside if different than the county where the juvenile offender was charged and found to have committed the unlawful or criminal act, for the entry of a dispositional order;
  13. Order such other terms, conditions, care or treatment as appears to the court will best serve the interests of the juvenile offender and the community;
  14. Commit the juvenile offender to the legal custody of the department of juvenile corrections for an indeterminate period of time not to exceed the juvenile offender's nineteenth birthday, unless the custody review board determines that extended time in custody is necessary to address competency development, accountability, and community protection; provided however, that no juvenile offender shall remain in the custody of the department beyond the juvenile offender's twenty-first birthday. The department shall adopt rules implementing the custody review board and operations and procedures of such board. Juvenile offenders convicted as adults and placed in the dual custody of the department of juvenile corrections and the state board of correction under section 19-2601A, Idaho Code, are under the retained jurisdiction of the court and are not within the purview of the custody review board;
  15. Notwithstanding any other provision of this section, a court may not commit a juvenile offender under the age of ten (10) years to a period of detention or to the custody of the department of juvenile corrections for placement in secure confinement.

When an order is entered pursuant to this section, the juvenile offender shall be transported to the facility or program so designated by the court or the department, as applicable, by the sheriff of the county where the juvenile offender resides or is committed, or by an appointed agent. When committing a juvenile offender to the department, or another entity, the court shall at once forward to the department or entity a certified copy of the order of commitment.

Unless the court determines that an order of restitution would be inappropriate or undesirable, it shall order the juvenile offender or his parents or both to pay restitution to or make whole any victim who suffers an economic loss as a result of the juvenile offender's conduct in accordance with the standards and requirements of sections 19-5304 and 19-5305, Idaho Code. The amount of restitution which may be ordered by the court shall not be subject to the limitations of section 6-210, Idaho Code. Court-ordered restitution shall be paid prior to any other court-ordered payments unless the court specifically orders otherwise. The clerk of the district court, with the approval of the administrative district judge, may use the procedures set forth in section 19-4708, Idaho Code, for the collection of the restitution.

The court may order the juvenile offender's parents or custodian to pay the charges imposed by community programs ordered by the court for the juvenile offender, or the juvenile offender's parents or custodian.

Any parent, legal guardian or custodian violating any order of the court entered against the person under the provisions of this chapter shall be subject to contempt proceedings under the provisions of chapter 6, title 7, Idaho Code.

The clerk of the district court, with the approval of the administrative district judge, may use the procedures set forth in section 19-4708, Idaho Code, for the collection of other debts owed to the court by the juvenile offender.

Informal Adjustment

The court, in exercising its discretion, may order an informal adjustment for any case filed under the Juvenile Corrections Act, upon such terms and conditions as the court may deem just and appropriate under the circumstances. The discretion of the court to impose an informal adjustment is not limited by the nature of the charge. The court, in its discretion, may impose or suspend detention as it deems appropriate, pursuant to an informal adjustment. Informal adjustments may be ordered at any stage of the proceedings after admission by the juvenile or finding by the court that the juvenile has committed an offense, upon notice to parties and the opportunity to be heard. The court may order a preliminary inquiry pursuant to I.C. § 20-510 or a social report pursuant to I.C. § 20-520 prior to an informal adjustment.

Terms of Probation

Illegal Sentences. The court may correct a sentence that is illegal from the face of the record at any time.

Modification of Terms and Conditions of Probation Based on Change of Circumstances. The court maintains continuing jurisdiction of a juvenile case throughout any period of probation or informal adjustment and may, upon the motion of any party or on its own motion, modify or amend the terms and conditions of such probation or informal adjustment upon a showing that the circumstances of the juvenile or the juvenile's family have changed so as to justify a modification of such terms and conditions consistent with the rehabilitative intent of the Juvenile Corrections Act, Chapter 5, Title 20, Idaho Code. The court may not as a part of any such modification extend the length of the probationary term or increase the amount of detention originally ordered or suspended.

Probation Officers

Not prescribed by statute.

Funding

Not prescribed by statute.

Fees

The court shall assess a twenty-dollar ($20.00) detention/probation training academy fee against the juvenile offender for every petition filed where there has been an adjudication that the juvenile offender is within the purview of this chapter. All moneys raised pursuant to this paragraph shall be transmitted by the court for deposit in the juvenile corrections fund which is created in section 20-542, Idaho Code;

Additionally, the court may assess a monthly probation supervision fee that shall be an amount not more than the maximum monthly misdemeanor probation supervision fee set forth in section 31-3201D, Idaho Code, per month, or such lesser sum as determined by the administrative judge of the judicial district, against the juvenile offender placed on probation. The amount of the monthly probation supervision fee shall be paid to the clerk of the district court who shall deposit such fee into the county juvenile probation fund, which is hereby created, in each county or, at the option of the board of county commissioners, deposited in the county justice fund to be used for county juvenile probation services. Moneys from this fee may be accumulated from year to year and shall be expended exclusively for county juvenile probation services and related purposes;

Additional Resources

Uniform Standards for Juvenile Probation Services

Data Collection

Not available.

Citations

I.C. § 20-501 et seq. (Juvenile Corrections Act)

I.C. § 16-1901 et seq. (Interstate Compact for Juveniles)

Idaho Juvenile Rules (I.J.R.), Rule 1 et seq. (Idaho Juvenile Rules)

 Illinois

IL flag

Responsible Branch

Judicial

Organization

State: The Probation Services Division provides services to the Chief Judges and their probation staff in Illinois' 24 Judicial Circuits.

Purpose

The mission of the Probation Services Division is to enhance the capacity of the community corrections system in order to reduce offender recidivism and create safer communities. In carrying out this mission, the Division's training, monitoring, standards setting, and technical assistance activities extend to all aspects of the administration and operation of the 69 local probation departments or districts that serve Illinois' 102 counties. All sixteen juvenile detention centers are administered by the circuit courts.

Interstate Compact Participant

Yes

Process

Social investigation report. Upon the order of the court, a social investigation report shall be prepared and delivered to the parties at least 3 days prior to the sentencing hearing. The written report of social investigation shall include an investigation and report of the minor's physical and mental history and condition, family situation and background, economic status, education, occupation, personal habits, minor's history of delinquency or criminality or other matters which have been brought to the attention of the juvenile court, information about special resources known to the person preparing the report which might be available to assist in the minor's rehabilitation, and any other matters which may be helpful to the court or which the court directs to be included.

Any minor found to be guilty of a sex offense as defined by the Sex Offender Management Board Act shall be required as part of the social investigation to submit to a sex offender evaluation. The evaluation shall be performed in conformance with the standards developed under the Sex Offender Management Board Act and by an evaluator approved by the Board.

Probation Adjustment

The court may authorize the probation officer to confer in a preliminary conference with a minor who is alleged to have committed an offense, his or her parent, guardian or legal custodian, the victim, the juvenile police officer, the State's Attorney, and other interested persons concerning the advisability of filing a petition under Section 5-520, with a view to adjusting suitable cases without the filing of a petition as provided for in this Article, the probation officer should schedule a conference promptly except when the State's Attorney insists on court action or when the minor has indicated that he or she will demand a judicial hearing and will not comply with a probation adjustment.

In any case of a minor who is in custody, the holding of a probation adjustment conference does not operate to prolong temporary custody beyond the period permitted by Section 5-415.

This Section does not authorize any probation officer to compel any person to appear at any conference, produce any papers, or visit any place.

No statement made during a preliminary conference in regard to the offense that is the subject of the conference may be admitted into evidence at an adjudicatory hearing or at any proceeding against the minor under the criminal laws of this State prior to his or her conviction under those laws.

When a probation adjustment is appropriate, the probation officer shall promptly formulate a written, non-judicial adjustment plan following the initial conference.

Non-judicial probation adjustment plans include but are not limited to the following:

  1. up to 6 months informal supervision within the family;
  2. up to 12 months informal supervision with a probation officer involved which may include any conditions of probation provided in Section 5-715;
  3. up to 6 months informal supervision with release to a person other than a parent;
  4. referral to special educational, counseling, or other rehabilitative social or educational programs;
  5. referral to residential treatment programs;
  6. participation in a public or community service program or activity; and
  7. any other appropriate action with the consent of the minor and a parent.

The factors to be considered by the probation officer in formulating a non-judicial probation adjustment plan shall be the same as those limited in subsection (4) of Section 5-405.

Beginning January 1, 2000, the probation officer who imposes a probation adjustment plan shall assure that information about an offense which would constitute a felony if committed by an adult, and may assure that information about a misdemeanor offense, is transmitted to the Department of State Police.

If the minor fails to comply with any term or condition of the non-judicial probation adjustment, the matter shall be referred to the State's Attorney for determination of whether a petition under this Article shall be filed.

Sentencing Orders

The following kinds of sentencing orders may be made in respect of wards of the court:

Except as provided in Sections 5-805, 5-810, and 5-815, a minor who is found guilty under Section 5-620 may be:

  1. put on probation or conditional discharge and released to his or her parents, guardian or legal custodian, provided, however, that any such minor who is not committed to the Department of Juvenile Justice under this subsection and who is found to be a delinquent for an offense which is first degree murder, a Class X felony, or a forcible felony shall be placed on probation;
  2. placed in accordance with Section 5-740, with or without also being put on probation or conditional discharge;
  3. required to undergo a substance abuse assessment conducted by a licensed provider and participate in the indicated clinical level of care;
  4. on and after the effective date of this amendatory Act of the 98th General Assembly and before January 1, 2017, placed in the guardianship of the Department of Children and Family Services, but only if the delinquent minor is under 16 years of age or, pursuant to Article II of this Act, a minor under the age of 18 for whom an independent basis of abuse, neglect, or dependency exists. On and after January 1, 2017, placed in the guardianship of the Department of Children and Family Services, but only if the delinquent minor is under 15 years of age or, pursuant to Article II of this Act, a minor for whom an independent basis of abuse, neglect, or dependency exists. An independent basis exists when the allegations or adjudication of abuse, neglect, or dependency do not arise from the same facts, incident, or circumstances which give rise to a charge or adjudication of delinquency;
  5. placed in detention for a period not to exceed 30 days, either as the exclusive order of disposition or, where appropriate, in conjunction with any other order of disposition issued under this paragraph, provided that any such detention shall be in a juvenile detention home and the minor so detained shall be 10 years of age or older. However, the 30-day limitation may be extended by further order of the court for a minor under age 15 committed to the Department of Children and Family Services if the court finds that the minor is a danger to himself or others. The minor shall be given credit on the sentencing order of detention for time spent in detention under Sections 5-501, 5-601, 5-710, or 5-720 of this Article as a result of the offense for which the sentencing order was imposed. The court may grant credit on a sentencing order of detention entered under a violation of probation or violation of conditional discharge under Section 5-720 of this Article for time spent in detention before the filing of the petition alleging the violation. A minor shall not be deprived of credit for time spent in detention before the filing of a violation of probation or conditional discharge alleging the same or related act or acts. The limitation that the minor shall only be placed in a juvenile detention home does not apply as follows:

Persons 18 years of age and older who have a petition of delinquency filed against them may be confined in an adult detention facility. In making a determination whether to confine a person 18 years of age or older who has a petition of delinquency filed against the person, these factors, among other matters, shall be considered: (1) the age of the person; (2) any previous delinquent or criminal history of the person; (3) any previous abuse or neglect history of the person; (4) any mental health history of the person; and (5) any educational history of the person;

  1. ordered partially or completely emancipated in accordance with the provisions of the Emancipation of Minors Act;
  2. subject to having his or her driver's license or driving privileges suspended for such time as determined by the court but only until he or she attains 18 years of age;
  3. put on probation or conditional discharge and placed in detention under Section 3-6039 of the Counties Code for a period not to exceed the period of incarceration permitted by law for adults found guilty of the same offense or offenses for which the minor was adjudicated delinquent, and in any event no longer than upon attainment of age 21; this subdivision (viii) notwithstanding any contrary provision of the law;
  4. ordered to undergo a medical or other procedure to have a tattoo symbolizing allegiance to a street gang removed from his or her body; or
  5. placed in electronic monitoring or home detention under Part 7A of this Article.

A minor found to be guilty may be committed to the Department of Juvenile Justice under Section 5-750 if the minor is at least 13 years and under 20 years of age, provided that the commitment to the Department of Juvenile Justice shall be made only if the minor was found guilty of a felony offense or first degree murder. The court shall include in the sentencing order any pre-custody credits the minor is entitled to under Section 5-4.5-100 of the Unified Code of Corrections. The time during which a minor is in custody before being released upon the request of a parent, guardian or legal custodian shall also be considered as time spent in custody.

When a minor is found to be guilty for an offense which is a violation of the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act and made a ward of the court, the court may enter a disposition order requiring the minor to undergo assessment, counseling or treatment in a substance use disorder treatment program approved by the Department of Human Services.

Any sentencing order other than commitment to the Department of Juvenile Justice may provide for protective supervision under Section 5-725 and may include an order of protection under Section 5-730.

Unless the sentencing order expressly so provides, it does not operate to close proceedings on the pending petition, but is subject to modification until final closing and discharge of the proceedings under Section 5-750.

In addition to any other sentence, the court may order any minor found to be delinquent to make restitution, in monetary or non-monetary form, under the terms and conditions of Section 5-5-6 of the Unified Code of Corrections, except that the “presentencing hearing” referred to in that Section shall be the sentencing hearing for purposes of this Section. The parent, guardian or legal custodian of the minor may be ordered by the court to pay some or all of the restitution on the minor's behalf, pursuant to the Parental Responsibility Law. The State's Attorney is authorized to act on behalf of any victim in seeking restitution in proceedings under this Section, up to the maximum amount allowed in Section 5 of the Parental Responsibility Law.

Any sentencing order where the minor is committed or placed in accordance with Section 5-740 shall provide for the parents or guardian of the estate of the minor to pay to the legal custodian or guardian of the person of the minor such sums as are determined by the custodian or guardian of the person of the minor as necessary for the minor's needs. The payments may not exceed the maximum amounts provided for by Section 9.1 of the Children and Family Services Act.

Whenever the sentencing order requires the minor to attend school or participate in a program of training, the truant officer or designated school official shall regularly report to the court if the minor is a chronic or habitual truant under Section 26-2a of the School Code. Notwithstanding any other provision of this Act, in instances in which educational services are to be provided to a minor in a residential facility where the minor has been placed by the court, costs incurred in the provision of those educational services must be allocated based on the requirements of the School Code.

In no event shall a guilty minor be committed to the Department of Juvenile Justice for a period of time in excess of that period for which an adult could be committed for the same act. The court shall include in the sentencing order a limitation on the period of confinement not to exceed the maximum period of imprisonment the court could impose under Chapter 5 of the Unified Code of Corrections.

In no event shall a guilty minor be committed to the Department of Juvenile Justice or placed in detention when the act for which the minor was adjudicated delinquent would not be illegal if committed by an adult.

In no event shall a guilty minor be committed to the Department of Juvenile Justice for an offense which is a Class 4 felony under Section 19-4 (criminal trespass to a residence), 21-1 (criminal damage to property), 21-1.01 (criminal damage to government supported property), 21-1.3 (criminal defacement of property), 26-1 (disorderly conduct), or 31-4 (obstructing justice) of the Criminal Code of 2012.

In no event shall a guilty minor be committed to the Department of Juvenile Justice for an offense that is a Class 3 or Class 4 felony violation of the Illinois Controlled Substances Act unless the commitment occurs upon a third or subsequent judicial finding of a violation of probation for substantial noncompliance with court-ordered treatment or programming.

A minor found to be guilty for reasons that include a violation of Section 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 2012 shall be ordered to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction. The community service shall include, but need not be limited to, the cleanup and repair of the damage that was caused by the violation or similar damage to property located in the municipality or county in which the violation occurred. The order may be in addition to any other order authorized by this Section.

A minor found to be guilty for reasons that include a violation of Section 3.02 or Section 3.03 of the Humane Care for Animals Act or paragraph (d) of subsection (1) of Section 21-1 of the Criminal Code of 1961 or paragraph (4) of subsection (a) of Section 21-1 of the Criminal Code of 2012 shall be ordered to undergo medical or psychiatric treatment rendered by a psychiatrist or psychological treatment rendered by a clinical psychologist. The order may be in addition to any other order authorized by this Section.

In addition to any other sentencing order, the court shall order any minor found to be guilty for an act which would constitute, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, aggravated criminal sexual abuse, or criminal sexual abuse if committed by an adult to undergo medical testing to determine whether the defendant has any sexually transmissible disease including a test for infection with human immunodeficiency virus (HIV) or any other identified causative agency of acquired immunodeficiency syndrome (AIDS). Any medical test shall be performed only by appropriately licensed medical practitioners and may include an analysis of any bodily fluids as well as an examination of the minor's person. Except as otherwise provided by law, the results of the test shall be kept strictly confidential by all medical personnel involved in the testing and must be personally delivered in a sealed envelope to the judge of the court in which the sentencing order was entered for the judge's inspection in camera. Acting in accordance with the best interests of the victim and the public, the judge shall have the discretion to determine to whom the results of the testing may be revealed. The court shall notify the minor of the results of the test for infection with the human immunodeficiency virus (HIV). The court shall also notify the victim if requested by the victim, and if the victim is under the age of 15 and if requested by the victim's parents or legal guardian, the court shall notify the victim's parents or the legal guardian, of the results of the test for infection with the human immunodeficiency virus (HIV). The court shall provide information on the availability of HIV testing and counseling at the Department of Public Health facilities to all parties to whom the results of the testing are revealed. The court shall order that the cost of any test shall be paid by the county and may be taxed as costs against the minor.

When a court finds a minor to be guilty the court shall, before entering a sentencing order under this Section, make a finding whether the offense committed either: (a) was related to or in furtherance of the criminal activities of an organized gang or was motivated by the minor's membership in or allegiance to an organized gang, or (b) involved a violation of subsection (a) of Section 12-7.1 of the Criminal Code of 1961 or the Criminal Code of 2012, a violation of any Section of Article 24 of the Criminal Code of 1961 or the Criminal Code of 2012, or a violation of any statute that involved the wrongful use of a firearm. If the court determines the question in the affirmative, and the court does not commit the minor to the Department of Juvenile Justice, the court shall order the minor to perform community service for not less than 30 hours nor more than 120 hours, provided that community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed. The community service shall include, but need not be limited to, the cleanup and repair of any damage caused by a violation of Section 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 2012 and similar damage to property located in the municipality or county in which the violation occurred. When possible and reasonable, the community service shall be performed in the minor's neighborhood. This order shall be in addition to any other order authorized by this Section except for an order to place the minor in the custody of the Department of Juvenile Justice. For the purposes of this Section, “organized gang” has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.

If the court determines that the offense was committed in furtherance of the criminal activities of an organized gang, as provided in subsection (10), and that the offense involved the operation or use of a motor vehicle or the use of a driver's license or permit, the court shall notify the Secretary of State of that determination and of the period for which the minor shall be denied driving privileges. If, at the time of the determination, the minor does not hold a driver's license or permit, the court shall provide that the minor shall not be issued a driver's license or permit until his or her 18th birthday. If the minor holds a driver's license or permit at the time of the determination, the court shall provide that the minor's driver's license or permit shall be revoked until his or her 21st birthday, or until a later date or occurrence determined by the court. If the minor holds a driver's license at the time of the determination, the court may direct the Secretary of State to issue the minor a judicial driving permit, also known as a JDP. The JDP shall be subject to the same terms as a JDP issued under Section 6-206.1 of the Illinois Vehicle Code, except that the court may direct that the JDP be effective immediately.

Probation Revocation

If a petition is filed charging a violation of a condition of probation or of conditional discharge, the court shall:

  1. order the minor to appear; or
  2. order the minor's detention if the court finds that the detention is a matter of immediate and urgent necessity for the protection of the minor or of the person or property of another or that the minor is likely to flee the jurisdiction of the court, provided that any such detention shall be in a juvenile detention home and the minor so detained shall be 10 years of age or older; and
  3. notify the persons named in the petition under Section 5-520, in accordance with the provisions of Section 5-530.

In making its detention determination under paragraph (b) of this subsection (1) of this Section, the court may use information in its findings offered at such a hearing by way of proffer based upon reliable information presented by the State, probation officer, or the minor. The filing of a petition for violation of a condition of probation or of conditional discharge shall toll the period of probation or of conditional discharge until the final determination of the charge, and the term of probation or conditional discharge shall not run until the hearing and disposition of the petition for violation.

The court shall conduct a hearing of the alleged violation of probation or of conditional discharge. The minor shall not be held in detention longer than 15 days pending the determination of the alleged violation.

At the hearing, the State shall have the burden of going forward with the evidence and proving the violation by a preponderance of the evidence. The evidence shall be presented in court with the right of confrontation, cross-examination, and representation by counsel.

If the court finds that the minor has violated a condition at any time prior to the expiration or termination of the period of probation or conditional discharge, it may continue him or her on the existing sentence, with or without modifying or enlarging the conditions, or may revoke probation or conditional discharge and impose any other sentence that was available under Section 5-710 at the time of the initial sentence.

The conditions of probation and of conditional discharge may be reduced or enlarged by the court on motion of the probation officer or on its own motion or at the request of the minor after notice and hearing under this Section.

Sentencing after revocation of probation or of conditional discharge shall be under Section 5-705.

Instead of filing a violation of probation or of conditional discharge, the probation officer, with the concurrence of his or her supervisor, may serve on the minor a notice of intermediate sanctions. The notice shall contain the technical violation or violations involved, the date or dates of the violation or violations, and the intermediate sanctions to be imposed. Upon receipt of the notice, the minor shall immediately accept or reject the intermediate sanctions. If the sanctions are accepted, they shall be imposed immediately. If the intermediate sanctions are rejected or the minor does not respond to the notice, a violation of probation or of conditional discharge shall be immediately filed with the court. The State's Attorney and the sentencing court shall be notified of the notice of sanctions. Upon successful completion of the intermediate sanctions, a court may not revoke probation or conditional discharge or impose additional sanctions for the same violation. A notice of intermediate sanctions may not be issued for any violation of probation or conditional discharge which could warrant an additional, separate felony charge.

Terms of Probation

Probation

The period of probation or conditional discharge shall not exceed 5 years or until the minor has attained the age of 21 years, whichever is less, except as provided in this Section for a minor who is found to be guilty for an offense which is first degree murder. The juvenile court may terminate probation or conditional discharge and discharge the minor at any time if warranted by the conduct of the minor and the ends of justice; provided, however, that the period of probation for a minor who is found to be guilty for an offense which is first degree murder shall be at least 5 years.

The period of probation for a minor who is found guilty of aggravated criminal sexual assault, criminal sexual assault, or aggravated battery with a firearm shall be at least 36 months. The period of probation for a minor who is found to be guilty of any other Class X felony shall be at least 24 months. The period of probation for a Class 1 or Class 2 forcible felony shall be at least 18 months. Regardless of the length of probation ordered by the court, for all offenses under this paragraph (1.5), the court shall schedule hearings to determine whether it is in the best interest of the minor and public safety to terminate probation after the minimum period of probation has been served. In such a hearing, there shall be a rebuttable presumption that it is in the best interest of the minor and public safety to terminate probation.

The court may as a condition of probation or of conditional discharge require that the minor:

  1. not violate any criminal statute of any jurisdiction;
  2. make a report to and appear in person before any person or agency as directed by the court;
  3. work or pursue a course of study or vocational training;
  4. undergo medical or psychiatric treatment, rendered by a psychiatrist or psychological treatment rendered by a clinical psychologist or social work services rendered by a clinical social worker, or treatment for drug addiction or alcoholism;
  5. attend or reside in a facility established for the instruction or residence of persons on probation;
  6. support his or her dependents, if any;
  7. refrain from possessing a firearm or other dangerous weapon, or an automobile;
  8. permit the probation officer to visit him or her at his or her home or elsewhere;
  9. reside with his or her parents or in a foster home;
  10. attend school;
  11. with the consent of the superintendent of the facility, attend an educational program at a facility other than the school in which the offense was committed if he or she committed a crime of violence as defined in Section 2 of the Crime Victims Compensation Act1 in a school, on the real property comprising a school, or within 1,000 feet of the real property comprising a school;
  12. attend a non-residential program for youth;
  13. make restitution under the terms of subsection (4) of Section 5-710;
  14. contribute to his or her own support at home or in a foster home;
  15. perform some reasonable public or community service;
  16. participate with community corrections programs including unified delinquency intervention services administered by the Department of Human Services subject to Section 5 of the Children and Family Services Act;2
  17. pay costs;
  18. serve a term of home confinement. In addition to any other applicable condition of probation or conditional discharge, the conditions of home confinement shall be that the minor:
    1. remain within the interior premises of the place designated for his or her confinement during the hours designated by the court;
      1. admit any person or agent designated by the court into the minor's place of confinement at any time for purposes of verifying the minor's compliance with the conditions of his or her confinement; and
    2. use an approved electronic monitoring device if ordered by the court subject to Article 8A of Chapter V of the Unified Code of Corrections;
  19. refrain from entering into a designated geographic area except upon terms as the court finds appropriate. The terms may include consideration of the purpose of the entry, the time of day, other persons accompanying the minor, and advance approval by a probation officer, if the minor has been placed on probation, or advance approval by the court, if the minor has been placed on conditional discharge;
  20. refrain from having any contact, directly or indirectly, with certain specified persons or particular types of persons, including but not limited to members of street gangs and drug users or dealers;
  21. undergo a medical or other procedure to have a tattoo symbolizing allegiance to a street gang removed from his or her body;
  22. refrain from having in his or her body the presence of any illicit drug prohibited by the Cannabis Control Act,4 the Illinois Controlled Substances Act,5 or the Methamphetamine Control and Community Protection Act, unless prescribed by a physician, and shall submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug; or
  23. comply with other conditions as may be ordered by the court.

The court may as a condition of probation or of conditional discharge require that a minor found guilty on any alcohol, cannabis, methamphetamine, or controlled substance violation, refrain from acquiring a driver's license during the period of probation or conditional discharge. If the minor is in possession of a permit or license, the court may require that the minor refrain from driving or operating any motor vehicle during the period of probation or conditional discharge, except as may be necessary in the course of the minor's lawful employment.

The court shall, as a condition of probation or of conditional discharge, require that a minor found to be guilty and placed on probation for reasons that include a violation of Section 3.02 or Section 3.03 of the Humane Care for Animals Act6 or paragraph (4) of subsection (a) of Section 21-1 of the Criminal Code of 20127 undergo medical or psychiatric treatment rendered by a psychiatrist or psychological treatment rendered by a clinical psychologist. The condition may be in addition to any other condition.

The court shall order that a minor placed on probation or conditional discharge for a sex offense as defined in the Sex Offender Management Board Act undergo and successfully complete sex offender treatment. The treatment shall be in conformance with the standards developed under the Sex Offender Management Board Act and conducted by a treatment provider approved by the Board. The treatment shall be at the expense of the person evaluated based upon that person's ability to pay for the treatment.

A minor on probation or conditional discharge shall be given a certificate setting forth the conditions upon which he or she is being released.

The court shall impose upon a minor placed on probation or conditional discharge, as a condition of the probation or conditional discharge, a fee of $50 for each month of probation or conditional discharge supervision ordered by the court, unless after determining the inability of the minor placed on probation or conditional discharge to pay the fee, the court assesses a lesser amount. The court may not impose the fee on a minor who is placed in the guardianship or custody of the Department of Children and Family Services under this Act while the minor is in placement. The fee shall be imposed only upon a minor who is actively supervised by the probation and court services department. The court may order the parent, guardian, or legal custodian of the minor to pay some or all of the fee on the minor's behalf.

Jurisdiction over an offender may be transferred from the sentencing court to the court of another circuit with the concurrence of both courts. Further transfers or retransfers of jurisdiction are also authorized in the same manner. The court to which jurisdiction has been transferred shall have the same powers as the sentencing court. The probation department within the circuit to which jurisdiction has been transferred, or which has agreed to provide supervision, may impose probation fees upon receiving the transferred offender, as provided in subsection (i) of Section 5-6-3 of the Unified Code of Corrections.8 For all transfer cases, as defined in Section 9b of the Probation and Probation Officers Act,9 the probation department from the original sentencing court shall retain all probation fees collected prior to the transfer. After the transfer, all probation fees shall be paid to the probation department within the circuit to which jurisdiction has been transferred.

If the transfer case originated in another state and has been transferred under the Interstate Compact for Juveniles to the jurisdiction of an Illinois circuit court for supervision by an Illinois probation department, probation fees may be imposed only if permitted by the Interstate Commission for Juveniles.

The General Assembly finds that in order to protect the public, the juvenile justice system must compel compliance with the conditions of probation by responding to violations with swift, certain, and fair punishments and intermediate sanctions. The Chief Judge of each circuit shall adopt a system of structured, intermediate sanctions for violations of the terms and conditions of a sentence of supervision, probation or conditional discharge, under this Act.

The court shall provide as a condition of a disposition of probation, conditional discharge, or supervision, that the probation agency may invoke any sanction from the list of intermediate sanctions adopted by the chief judge of the circuit court for violations of the terms and conditions of the sentence of probation, conditional discharge, or supervision, subject to the provisions of Section 5-720 of this Act.

Protective Supervision

If the sentencing order releases the minor to the custody of his or her parents, guardian or legal custodian, or continues him or her in such custody, the court may place the person having custody of the minor, except for representatives of private or public agencies or governmental departments, under supervision of the probation office. Rules or orders of court shall define the terms and conditions of protective supervision, which may be modified or terminated when the court finds that the best interests of the minor and the public will be served by modifying or terminating protective supervision.

Probation Officers

The duties of probation officers shall be:

  1. To investigate as required by Section 5-3-1 of the “Unified Code of Corrections”, approved July 26, 1972, as amended,1 the case of any person to be placed on probation. Full opportunity shall be afforded a probation officer to confer with the person under investigation when such person is in custody.
  2. To notify the court of any previous conviction for crime or previous probation of any defendant invoking the provisions of this Act.
  3. All reports and notifications required in this Act to be made by probation officers shall be in writing and shall be filed by the clerk in the respective cases.
  4. To preserve complete and accurate records of cases investigated, including a description of the person investigated, the action of the court with respect to his case and his probation, the subsequent history of such person, if he becomes a probationer, during the continuance of his probation, which records shall be open to inspection by any judge or by any probation officer pursuant to order of court, but shall not be a public record, and its contents shall not be divulged otherwise than as above provided, except upon order of court.
  5. To take charge of and watch over all persons placed on probation under such regulations and for such terms as may be prescribed by the court, and giving to each probationer full instructions as to the terms of his release upon probation and requiring from him such periodical reports as shall keep the officer informed as to his conduct.
  6. To develop and operate programs of reasonable public or community service for any persons ordered by the court to perform public or community service, providing, however, that no probation officer or any employee of a probation office acting in the course of his official duties shall be liable for any tortious acts of any person performing public or community service except for wilful misconduct or gross negligence on the part of the probation officer or employee.
  7. When any person on probation removes from the county where his offense was committed, it shall be the duty of the officer under whose care he was placed to report the facts to the probation officer in the county to which the probationer has removed; and it shall thereupon become the duty of such probation officer to take charge of and watch over said probationer the same as if the case originated in that county; and for that purpose he shall have the same power and authority over said probationer as if he had been originally placed in said officer's charge; and such officer shall be required to report in writing every 6 months, or more frequently upon request the results of his supervision to the probation officer in whose charge the said probationer was originally placed by the court.
  8. To authorize travel permits to individuals under their supervision unless otherwise ordered by the court.
  9. To perform such other duties as are provided for in this act or by rules of court and such incidental duties as may be implied from those expressly required.
  10. To send written notification to a public housing agency if a person on probation for a felony who is under the supervision of the probation officer informs the probation officer that he or she has resided, resides, or will reside at an address that is a housing facility owned, managed, operated, or leased by that public housing agency.
  11. If a person on probation for a felony offense who is under the supervision of the probation officer becomes a resident of a facility licensed or regulated by the Department of Public Health, the Illinois Department of Public Aid, or Illinois Department of Human Services, the probation officer shall within 3 days of the person becoming a resident, notify the licensing or regulating Department and licensed or regulated facility and shall provide the licensed or regulated facility and licensing or regulating Department with copies of the following:
    1. (blank);
    2. any applicable probation orders and corresponding compliance plans;
    3. the name and contact information for the assigned probation officer.

Authorization to carry weapons. Probation officers may only carry weapons while in the performance of their official duties, or while commuting between their homes, places of employment, or specific locations that are part of their assigned duties, provided they have received the prior consent of the Chief Judge of the Circuit Court for which they are employed, and they have received weapons training according to requirements of the Peace Officer and Probation Officer Firearm Training Act.

Funding

Probation and Court Services Fund

The county treasurer in each county shall establish a probation and court services fund consisting of fees collected pursuant to subsection (i) of Section 5-6-3 and subsection (i) of Section 5-6-3.1 of the Unified Code of Corrections,1 subsection (10) of Section 5-615 and subsection (5) of Section 5-715 of the Juvenile Court Act of 1987,2 and paragraph 14.3 of subsection (b) of Section 110-10 of the Code of Criminal Procedure of 1963.3 The county treasurer shall disburse monies from the fund only at the direction of the chief judge of the circuit court in such circuit where the county is located. The county treasurer of each county shall, on or before January 10 of each year, submit an annual report to the Supreme Court.

Monies in the probation and court services fund shall be appropriated by the county board to be used within the county or jurisdiction where collected in accordance with policies and guidelines approved by the Supreme Court for the costs of operating the probation and court services department or departments; however, except as provided in subparagraphs (g) and (h), monies in the probation and court services fund shall not be used for the payment of salaries of probation and court services personnel.

Monies expended from the probation and court services fund shall be used to supplement, not supplant, county appropriations for probation and court services.

Interest earned on monies deposited in a probation and court services fund may be used by the county for its ordinary and contingent expenditures.

The county board may appropriate moneys from the probation and court services fund, upon the direction of the chief judge, to support programs that are part of the continuum of juvenile delinquency intervention programs which are or may be developed within the county. The grants from the probation and court services fund shall be for no more than one year and may be used for any expenses attributable to the program including administration and oversight of the program by the probation department.

The county board may appropriate moneys from the probation and court services fund, upon the direction of the chief judge, to support practices endorsed or required under the Sex Offender Management Board Act, including but not limited to sex offender evaluation, treatment, and monitoring programs that are or may be developed within the county.

For the State Fiscal Years 2005, 2006, and 2007 only, the Administrative Office of the Illinois Courts may permit a county or circuit to use its probation and court services fund for the payment of salaries of probation officers and other court services personnel whose salaries are reimbursed under this Act if the State's FY2005, FY2006, or FY2007 appropriation to the Supreme Court for reimbursement to counties for probation salaries and services is less than the amount appropriated to the Supreme Court for these purposes for State Fiscal Year 2004. The Administrative Office of the Illinois Courts shall take into account each county's or circuit's probation fee collections and expenditures when apportioning the total reimbursement for each county or circuit.

The Administrative Office of the Illinois Courts may permit a county or circuit to use its probation and court services fund for the payment of salaries of probation officers and other court services personnel whose salaries are reimbursed under this Act in any State fiscal year that the appropriation for reimbursement to counties for probation salaries and services is less than the amount appropriated to the Supreme Court for these purposes for State Fiscal Year 2002, except that the Administrative Office of the Illinois Courts shall adjust this amount appropriated in 2002 by 3% per year and may continue to permit use of the probation and court services fund for salaries in any State fiscal year where the State reimbursement to counties is regularly delayed more than 4 months. The Administrative Office of the Illinois Courts shall take into account each county's or circuit' s probation fee collections and expenditures when appropriating the total reimbursement for each county or circuit. Any amount appropriated to the Supreme Court in any State fiscal year for the purpose of reimbursing Cook County for the salaries and operations of the Cook County Juvenile Temporary Detention Center shall not be counted in the total appropriation to the Supreme Court in that State fiscal year for reimbursement to counties for probation salaries and services, for the purposes of this paragraph (h).

Fees

Not prescribed in statute.

Additional Resources

Policies and Procedures of the Illinois Juvenile Justice System

Probation Services Division

Data Collection

Not available.

Citations

45 ILCS 11/1 et seq. (Interstate Compact for Juveniles Act of 2008)

705 ILCS 405/5-101 et seq. (Delinquent Minors)

730 ILCS 110.0.01 et seq. (Probation and Probation Officers Act)

 Indiana

IN flag

Responsible Branch

Judicial

Organization

State: Probation in Indiana is a judicial function under the supervision of the Board of Directors of the Judicial Conference of Indiana

Purpose

Not prescribed in statute.

Interstate Compact Participant

Yes

Process

Predisposition Report

Upon finding that a child is a delinquent child, the juvenile court shall order a probation officer to prepare a predispositional report that contains:

  1. a statement of the needs of the child for care, treatment, rehabilitation, or placement;
  2. a recommendation for the care, treatment, rehabilitation, or placement of the child;
  3. if the recommendation includes an out-of-home placement other than a secure detention facility, information that the department requires to determine whether the child is eligible for assistance under Title IV-E of the federal Social Security Act (42 U.S.C. 670 et seq.);
  4. a statement of the department's concurrence with or its alternative proposal to the probation officer's predispositional report, as provided in section 1.4 of this chapter; and
  5. a statement of whether the child receives Medicaid.

Any of the following may prepare an alternative report for consideration by the court:

  1. The child.
  2. The child's:
    1. parent;
    2. guardian;
    3. guardian ad litem;
    4. court appointed special advocate; or
    5. custodian.

If consistent with the safety and best interest of the child and the community, the probation officer preparing the report shall recommend care, treatment, rehabilitation, or placement that:

  1. is:
    1. in the least restrictive (most family like) and most appropriate setting available; and
    2. close to the parents' home, consistent with the best interest and special needs of the child;
  2. least interferes with family autonomy;
  3. is least disruptive of family life;
  4. imposes the least restraint on the freedom of the child and the child's parent, guardian, or custodian; and
  5. provides a reasonable opportunity for participation by the child's parent, guardian, or custodian.

If the report recommends a placement or services for which the department will be responsible for payment under IC 31-40-1, the report must include a risk assessment and needs assessment for the child. The probation officer shall submit to the department a copy of the report and the financial report prepared by the probation officer.

The predispositional report prepared by a probation officer must include the following information:

  1. A description of all dispositional options considered in preparing the report.
  2. An evaluation of each of the options considered in relation to the plan of care, treatment, rehabilitation, or placement recommended under the guidelines described in section 4 of this chapter.
  3. The name, occupation and position, and any relationship to the child of each person with whom the preparer of the report conferred as provided in section 1.1 of this chapter.
  4. The items required under section 1 of this chapter.
  5. The results of a dual status screening tool to determine whether the child is a dual status child as described in IC 31-41-1-2.

If a probation officer is considering an out-of-home placement, including placement with a relative, the probation officer must conduct a criminal history check (as defined in IC 31-9-2-22.5) for each person who is currently residing in the location designated as the out-of-home placement. The results of the criminal history check must be included in the predispositional report.

A probation officer is not required to conduct a criminal history check under this section if:

  1. the probation officer is considering only an out-of-home placement to an entity or a facility that:
    1. is not a residence (as defined in IC 3-5-2-42.5); or
    2. is licensed by the state; or
  2. placement under this section is undetermined at the time the predispositional report is prepared.

Disposition

If consistent with the safety of the community and the best interest of the child, the juvenile court shall enter a dispositional decree that:

  1. is:
    1. in the least restrictive (most family like) and most appropriate setting available; and
    2. close to the parents' home, consistent with the best interest and special needs of the child;
  2. least interferes with family autonomy;
  3. is least disruptive of family life;
  4. imposes the least restraint on the freedom of the child and the child's parent, guardian, or custodian; and
  5. provides a reasonable opportunity for participation by the child's parent, guardian, or custodian.

This section applies if a child is a delinquent child under IC 31-37-1.

The juvenile court may, in addition to an order under section 6 of this chapter, enter at least one (1) of the following dispositional decrees:

  1. Order supervision of the child by the probation department as a condition of probation under this subdivision. The juvenile court shall after a determination under IC 11-8-8-5 require a child who is adjudicated a delinquent child for an act that would be an offense described in IC 11-8-8-5 if committed by an adult to register with the local law enforcement authority under IC 11-8-8.
  2. Order the child to receive outpatient treatment:
    1. at a social service agency or a psychological, a psychiatric, a medical, or an educational facility; or
    2. from an individual practitioner.
  3. Order the child to surrender the child's driver's license to the court for a specified period of time.
  4. Order the child to pay restitution if the victim provides reasonable evidence of the victim's loss, which the child may challenge at the dispositional hearing.
  5. Partially or completely emancipate the child under section 27 of this chapter.
  6. Order the child to attend an alcohol and drug services program established under IC 12-23-14.
  7. Order the child to perform community restitution or service for a specified period of time.
  8. Order wardship of the child as provided in section 9 of this chapter.

Terms of Probation

Refer to the disposition subsection of the process section.

Probation Officers

Minimum Qualifications

  1. A probation officer shall be at least twenty-one (21) years of age.
  2. A probation officer shall be an American citizen.
  3. A person who submits an application to take the examination for prospective probation officers shall have a baccalaureate degree from an accredited college or university or be in the last semester of a baccalaureate degree program. A person may not serve as a probation officer until he or she has received a baccalaureate degree.
  4. A person who submits an application to take the examination for prospective probation officers shall be a person of good moral character.
  5. A person shall take and pass an examination for prospective probation officers prior to employment or within six months from the date that the person is first employed as a probation officer.
  6. A person who fails the probation officer examination shall not be permitted to serve as a probation officer. The person is eligible to re-take the examination at the next available testing date.
  7. A person who fails the probation officer examination after a second attempt shall not be eligible to take the examination again or serve as a probation officer for one year after the date of the second examination.
  8. A probation officer shall be required to attend an orientation program conducted by IOCS within one year from the date that the officer is employed.
  9. The qualifications established by the Judicial Conference of Indiana shall be minimum qualifications only, and a trial court judge may require higher qualifications for probation officers.
  10. The qualifications established by the Judicial Conference of Indiana shall be effective on July 1, 1984. The qualifications shall not apply to persons who have been certified as eligible to serve as probation officers in Indiana courts prior to July 1, 1984.

Funding

Except as otherwise provided in this section and subject to:

  1. this chapter; and
  2. any other provisions of IC 31-34, IC 31-37, or other applicable law relating to the particular program, activity, or service for which payment is made by or through the department;

the department shall pay the cost of any child services provided by or through the department for any child or the child's parent, guardian, or custodian.

Fees

If the juvenile court orders supervision of the child by the probation department under subsection (b)(1), the child or the child's parent, guardian, or custodian is responsible for any costs resulting from the participation in a rehabilitative service or educational class provided by the probation department. Any costs collected for services or classes provided by the probation department shall be deposited in the county supplemental juvenile probation services fund.

If a county is responsible for the payment of:

  1. any costs or expenses of services for or the placement of a child in need of services; or
  2. the costs or expenses of services for or the placement of a delinquent child;

the court may order the parents to reimburse the county as set forth in section 3.8 of this chapter.

The probation officer shall collect information and prepare a financial report, in the form prescribed by the department, on the parent or the estate of the child to assist the juvenile court and the department in:

  1. determining the person's financial responsibility; and
  2. obtaining federal reimbursement;

for services provided for the child or the person.

Additional Resources

A Guide for Parents to the Juvenile Justice System in Indiana

Indiana Probation Officer Examination Study Guide

Data Collection

Division of Youth Services: Publications/Statistics

Citations

IC 31-37-1-1 et seq. (Juvenile Law: Delinquency)

 Iowa

IA flag

Responsible Branch

Judicial

Organization

Local: Each county has a juvenile court, which provides probation services. Probation services within a judicial district are administered and supervised by the chief juvenile court officer.

Purpose

This chapter shall be liberally construed to the end that each child under the jurisdiction of the court shall receive, preferably in the child's own home, the care, guidance and control that will best serve the child's welfare and the best interest of the state. When a child is removed from the control of the child's parents, the court shall secure for the childcare as nearly as possible equivalent to that which should have been given by the parents.

Interstate Compact Participant

Yes

Process

If the intake officer determines that the complaint is legally sufficient for the filing of a petition and that an informal adjustment of the complaint is in the best interests of the child and the community, the officer may make an informal adjustment of the complaint in accordance with section 232.29.

After a petition is filed, the court shall direct a juvenile court officer or any other agency or individual to conduct a predisposition investigation and to prepare a predisposition report. The investigation and report shall cover all of the following:

  1. The social history, environment and present condition of the child and the child's family.
  2. The performance of the child in school.
  3. The presence of child abuse and neglect histories, learning disabilities, physical impairments and past acts of violence.
  4. Other matters relevant to the child's status as a delinquent, treatment of the child or proper disposition of the case.

At any time prior to its expiration, a dispositional order may be terminated, modified, or vacated and another dispositional order substituted therefor only in accordance with certain provisions.

Terms of Probation

Informal Adjustment

The informal adjustment of a complaint is a permissible disposition of a complaint at intake subject to the following conditions:

  1. The child has admitted the child's involvement in a delinquent act.
  2. The intake officer shall advise the child and the child's parent, guardian or custodian that they have the right to refuse an informal adjustment of the complaint and demand the filing of a petition and a formal adjudication.
  3. Any informal adjustment agreement shall be entered into voluntarily and intelligently by the child with the advice of the child's attorney, or by the child with the consent of a parent, guardian, or custodian if the child is not represented by counsel.
  4. The terms of such agreement shall be clearly stated in writing and signed by all parties to the agreement and a copy of this agreement shall be given to the child; the counsel for the child; the parent, guardian or custodian; and the intake officer, who shall retain the copy in the case file.
  5. An agreement providing for the supervision of a child by a juvenile court officer or the provision of intake services shall not exceed six months.
  6. An agreement providing for the referral of a child to a public or private agency for services shall not exceed six months.
  7. The child and the child's parent, guardian or custodian shall have the right to terminate such agreement at any time and to request the filing of a petition and a formal adjudication.
  8. If an informal adjustment of a complaint has been made, a petition based upon the events out of which the original complaint arose may be filed only during the period of six months from the date the informal adjustment agreement was entered into. If a petition is filed within this period the child's compliance with all proper and reasonable terms of the agreement shall be grounds for dismissal of the petition by the court.
  9. The person performing the duties of intake officer shall file a report at least annually with the court listing the number of informal adjustments made during the reporting time, the conditions imposed in each case, the number of informal adjustments resulting in dismissal without the filing of a petition, and the number of informal adjustments resulting in the filing of a petition upon the original complaint.

An informal adjustment agreement may prohibit a child from driving a motor vehicle for a specified period of time or under specific circumstances, require the child to perform a work assignment of value to the state or to the public, or require the child to make restitution consisting of a monetary payment to the victim or a work assignment directly of value to the victim. The juvenile court officer shall notify the state department of transportation of the informal adjustment prohibiting the child from driving.

The person performing the duties of intake officer shall notify the superintendent of the school district or the superintendent's designee, or the authorities in charge of the nonpublic school which the child attends, of any informal adjustment regarding the child, fourteen years of age or older, for an act which would be an aggravated misdemeanor or felony if committed by an adult.

An informal adjustment agreement regarding a child who has been placed in detention under section 232.22, subsection 1, paragraph “g”, may include a provision that the child voluntarily participate in a batterers' treatment program under section 708.2B.

Probation

Pursuant to a hearing as provided in section 232.50, the court shall enter the least restrictive dispositional order appropriate in view of the seriousness of the delinquent act, the child's culpability as indicated by the circumstances of the particular case, the age of the child, the child's prior record, or the fact that the child has been placed on youthful offender status under section 907.3A. The order shall specify the duration and the nature of the disposition, including the type of residence or confinement ordered and the individual, agency, department, or facility in which custody is vested. In the case of a child who has been placed on youthful offender status, the initial duration of the dispositional order shall be until the child reaches the age of eighteen.

The dispositional orders which the court may enter subject to its continuing jurisdiction are, inter alia, as follows:

  1. The suspension or revocation of the driver's license or operating privilege of the child, for a period of one year, for the commission of certain delinquent acts
  2. An order placing the child on probation and releasing the child to the child's parent, guardian, or custodian

A parent or guardian may be required by the juvenile court to participate in educational or treatment programs as part of a probation plan. A parent or guardian who does not participate in the probation plan when required to do so by the court may be held in contempt.

Any dispositional order entered by the court pursuant to section 232.52 shall remain in force for an indeterminate period or until the child becomes eighteen years of age unless otherwise specified by the court or unless sooner terminated pursuant to the provisions of section 232.54. No dispositional order made under section 232.52, subsection 2, paragraph “e”, shall remain in force longer than the maximum possible duration of the sentence which may be imposed on an adult for the commission of the act which the child has been found by the court to have committed.

Probation Officers

A juvenile court officer has the powers of a peace officer while engaged in the discharge of duties.

Funding

Remaining costs are split between the state and county by statute.

Fees

Not prescribed in statute.

Additional Resources

Iowa Judicial Branch: Juvenile Court and Procedure

Iowa Judicial Branch: Children’s Justice Initiative

Juvenile Justice Delinquency Proceedings: Flow Chart

Data Collection

Juvenile Justice Data

Citations

I.C.A. § 602.7101 et seq. (Juvenile Court)

I.C.A. § 232.1 et seq. (Juvenile Justice)

 Kansas

KS flag

Responsible Branch

Hybrid

Organization

Hybrid: Probation services are provided by both local Court Services Officers (CSOs) and Kansas Department of Corrections, Division of Juvenile Services staff. CSO's provide probation supervision services within the Office of Judicial Administration.

Purpose

The primary goals of the juvenile justice code are to promote public safety, hold juvenile offenders accountable for their behavior and improve their ability to live more productively and responsibly in the community. To accomplish these goals, juvenile justice policies developed pursuant to the revised Kansas juvenile justice code shall be designed to: (a) Protect public safety; (b) recognize that the ultimate solutions to juvenile crime lie in the strengthening of families and educational institutions, the involvement of the community and the implementation of effective prevention and early intervention programs; (c) be community based to the greatest extent possible; (d) be family centered when appropriate; (e) facilitate efficient and effective cooperation, coordination and collaboration among agencies of the local, state and federal government; (f) be outcome based, allowing for the effective and accurate assessment of program performance; (g) be cost-effectively implemented and administered to utilize resources wisely; (h) encourage the recruitment and retention of well-qualified, highly trained professionals to staff all components of the system; (i) appropriately reflect community norms and public priorities; and (j) encourage public and private partnerships to address community risk factors.

Interstate Compact Participant

Yes

Process

Intake & Assessments

Each director of juvenile intake and assessment services in collaboration with the county or district attorney shall adopt a policy and establish guidelines for an immediate intervention process by which a juvenile may avoid prosecution. The guidelines may include information on any offenders beyond those enumerated in subsection (b)(1) that shall be referred to immediate intervention. In addition to juvenile intake and assessment services adopting policies and guidelines for the immediate intervention process, the court, the county or district attorney, the director of the intake and assessment center and other relevant individuals or organizations, pursuant to a written agreement, shall collaboratively develop local programs to:

  1. Provide for the direct referral of cases to immediate intervention programs by the county or district attorney and the intake and assessment worker.
  2. Allow intake and assessment workers to issue a summons, as defined in subsection (e) and if juvenile intake and assessment services has adopted appropriate policies and guidelines, allow law enforcement officers to issue such a summons.
  3. Allow the intake and assessment centers and other immediate intervention program providers to directly purchase services for the juvenile and the juvenile's family.
  4. Allow intake and assessment workers to direct the release of a juvenile prior to a detention hearing after the completion of the intake and assessment process pursuant to K.S.A. 75-7023, and amendments thereto.

At any time after the juvenile has been adjudicated to be a juvenile offender, the court shall order one or more of the tools described in this subsection to be submitted to assist the court unless the court finds that adequate and current information from a risk and needs assessment is available from a previous investigation, report or other sources:

  1. An evaluation and written report by a mental health or a qualified professional stating the psychological or emotional development or needs of the juvenile. The court also may order a report from any mental health or qualified professional who has previously evaluated the juvenile stating the psychological or emotional development needs of the juvenile. If the court orders an evaluation as provided in this section, a parent of the juvenile shall have the right to obtain an independent evaluation at the expense of the parent. If the evaluation indicates that the juvenile requires acute inpatient mental health or substance abuse treatment, the court shall have the authority to compel an assessment by the secretary for aging and disability services. The court may use the results to inform a treatment and payment plan according to the same eligibility process used for non-court-involved youth.
  2. A report of the medical condition and needs of the juvenile. The court also may order a report from any physician who has been attending the juvenile, stating the diagnosis, condition and treatment afforded the juvenile.
  3. An educational needs assessment of the juvenile from the chief administrative officer of the school which the juvenile attends or attended to provide to the court information that is readily available which the school officials feel would properly indicate the educational needs of the juvenile. The educational needs assessment may include a meeting involving any of the following: (A) The juvenile's parents; (B) the juvenile's teacher or teachers; (C) the school psychologist; (D) a school special services representative; (E) a representative of the commissioner; (F) the juvenile's court appointed special advocate; (G) the juvenile's foster parents or legal guardian; and (H) other persons that the chief administrative officer of the school, or the officer's designee, deems appropriate.
  4. Any other presentence investigation and report from a court services officer which includes: (A) The circumstances of the offense; (B) the attitude of the complainant, victim or the victim's family; (C) the record of juvenile offenses; (D) the social history of the juvenile; and (E) the present condition of the juvenile. Except where specifically prohibited by law, all local governmental public and private educational institutions and state agencies shall furnish to the officer conducting the predispositional investigation the records the officer requests. Predispositional investigations shall contain other information prescribed by the court.
  5. The court in its discretion may direct that the parents submit a domestic relations affidavit.

Disposition

Place the juvenile on probation for a fixed period pursuant to K.S.A. 38-2391, and amendments thereto, subject to terms and conditions the court deems appropriate consistent with juvenile justice programs in the community. Any juvenile placed on probation shall be supervised according to the juvenile's risk and needs as determined by a risk and needs assessment. Placement of juvenile offenders to community corrections for probation supervision shall be limited to offenders adjudicated for an offense that are determined to be moderate-risk, high-risk or very high-risk on a risk and needs assessment using the cutoff scores established by the secretary pursuant to K.S.A. 38-2360, and amendments thereto.

When sentencing a juvenile offender, the court may order a juvenile offender's parent to participate in any evidence-based program designed to rehabilitate the juvenile, including, but not limited to: (1) Counseling, mediation sessions or an alcohol and drug evaluation and treatment program ordered as part of the juvenile offender's sentence under K.S.A. 38-2361, and amendments thereto; or (2) parenting classes.

Modification

At any time after the entry of an order of custody or placement of a juvenile offender, the court, upon the court's own motion or the motion of the secretary of corrections or parent or any party, may modify the sentence imposed. Upon receipt of the motion, the court shall fix a time and place for hearing and provide notice to the movant and to the current custodian and placement of the juvenile offender and to each party to the proceeding. Except as established in subsection (b), after the hearing, if the court finds that the sentence previously imposed is not in the best interests of the juvenile offender, the court may rescind and set aside the sentence, and enter any sentence pursuant to K.S.A. 38-2361, and amendments thereto, and the overall case length limit, except that a child support order which has been registered under K.S.A. 38-2321, and amendments thereto, may only be modified pursuant to K.S.A. 38-2321, and amendments thereto.

Terms of Probation

Violation

If it is alleged that a juvenile offender has violated a condition of probation or of a court-ordered placement, the county or district attorney, the current custodian of the juvenile offender, or the victim of the offense committed by the offender may file a report with the assigned community supervision officer of the juvenile offender. If, upon review by the assigned community supervision officer of the juvenile offender, it is determined that the violation is eligible under K.S.A. 38-2392, and amendments thereto, for review by the court, the assigned community supervision officer may file a report with the court describing the alleged violation. The court shall provide copies of the report to the parties to the proceeding. The court, upon the court's own motion or the motion of the secretary of corrections or any party, shall set the matter for hearing and may issue a warrant pursuant to K.S.A. 38-2342, and amendments thereto, if there is probable cause to believe that the juvenile poses a significant risk of physical harm to another or damage to property. Upon receipt of the motion, the court shall fix a time and place for hearing and provide notice to the movant and to the current custodian of the juvenile offender and to each party to the proceeding. If the court finds by a preponderance of the evidence that the juvenile offender has absconded from supervision, violated a condition of probation or placement or committed a technical violation for a third or subsequent time, the court may, subject to the overall case length limit, extend or modify the terms of probation or placement or enter another sentence pursuant to K.S.A. 38-2361, and amendments thereto, except that a child support order which has been registered under K.S.A. 38-2321, and amendments thereto, may only be modified pursuant to K.S.A. 38-2321, and amendments thereto.

Conditional Release

If the court elects, a period of conditional release may also be ordered pursuant to K.S.A. 38-2361, and amendments thereto. The period of conditional release shall be limited to a maximum of six months and shall be subject to graduated responses. The presumption upon release shall be a return to the juvenile's home, unless the case plan developed pursuant to K.S.A. 38-2373, and amendments thereto, recommends a different reentry plan.

  1. Upon finding the juvenile violated a requirement or requirements of conditional release, the court may enter one or more of the following orders:
    1. Recommend additional conditions be added to those of the existing conditional release.
    2. Order the offender to serve a period of detention pursuant to K.S.A. 38-2361(g), and amendments thereto.
    3. Revoke or restrict the juvenile's driving privileges as described in K.S.A. 38-2361(c), and amendments thereto.
  2. Discharge the offender from the custody of the secretary of corrections, release the secretary of corrections from further responsibilities in the case and enter any other appropriate orders.

Graduated Responses

The department of corrections shall, in consultation with the supreme court, adopt rules and regulations by January 1, 2017, for a statewide system of structured community-based graduated responses for technical violations of probation, violations of conditional release and violations of a condition of sentence by juveniles. Such graduated responses shall be utilized by community supervision officers to provide a continuum of community-based responses. These responses shall include sanctions that are swift and certain to address violations based on the severity of the violation as well as incentives that encourage positive behaviors. Such responses shall take into account the juvenile's risks and needs.

When a juvenile is placed on probation pursuant to K.S.A. 38-2361, and amendments thereto, community supervision officers shall utilize graduated responses, targeted to the juvenile's risks and needs based on the results of a risk and needs assessment to address technical violations. A technical violation shall only be considered by the court for revocation if: (1) It is a third or subsequent technical violation; (2) prior failed responses are documented in the juvenile's case plan; and (3) the community supervision officer has determined and documented that graduated responses to the violation will not suffice. Unless a juvenile poses a significant risk of physical harm to another or damage to property, community supervision officers shall issue a summons rather than request a warrant on a third or subsequent technical violation subject to review by the court. Absconding from supervision shall not be considered a technical violation of probation and, after reasonable efforts to locate a juvenile that has absconded are unsuccessful, the court may issue a warrant for the juvenile pursuant to K.S.A. 38-2342, and amendments thereto.

Probation

When a juvenile is placed on probation pursuant to K.S.A. 38-2361, and amendments thereto, the community supervision officer responsible for oversight of the juvenile shall develop a case plan in consultation with the juvenile and the juvenile's family. The department for children and families and local board of education may participate in the development of the case plan when appropriate.

For the purposes of placing juvenile offenders on probation pursuant to K.S.A. 38-2361, and amendments thereto, the court shall establish a specific term of probation as specified in this subsection based on the most serious adjudicated count in combination with the results of a risk and needs assessment, as follows, except that the term of probation shall not exceed the overall case length limit:

  1. Low-risk and moderate-risk offenders adjudicated for a misdemeanor and low-risk offenders adjudicated for a felony may be placed on probation for a term up to six months;
  2. high-risk offenders adjudicated for a misdemeanor and moderate-risk offenders adjudicated for a felony may be placed on probation for a term up to nine months; and
  3. high-risk offenders adjudicated for a felony may be placed on probation for a term up to 12 months.

The court may extend the term of probation if a juvenile needs time to complete an evidence-based program as determined to be necessary based on the results of a validated risk and needs assessment. The court may also extend the term of probation for good cause shown for one month for low-risk offenders, three months for moderate-risk offenders and six months for high-risk offenders. Prior to extension of the initial probationary term, the court shall find and enter into the written record the criteria permitting extension of probation. Extensions of probation shall only be granted incrementally and shall not exceed the overall case length limit. When the court extends the term of probation for a juvenile offender, the court services officer or community correctional services officer responsible for monitoring such juvenile offender shall record the reason given for extending probation. Court services officers shall report such records to the office of judicial administration, and community correctional services officers shall report such records to the department of corrections. The office of judicial administration and the department of corrections shall report such recorded data to the Kansas juvenile justice oversight committee on a quarterly basis.

The probation term limits do not apply to those offenders adjudicated for an offense which, if committed by an adult, would constitute an off-grid crime, rape as defined in K.S.A. 21-5503(a)(1), and amendments thereto, aggravated criminal sodomy as defined in K.S.A. 21-5504(b)(3), and amendments thereto, or murder in the second degree as defined in K.S.A. 21-5403, and amendments thereto. Such offenders may be placed on probation for a term consistent with the overall case length limit.

The probation term limits and overall case length limits provided in this section shall be tolled during any time that the offender has absconded from supervision while on probation, and the time on such limits shall not start to run again until the offender is located and brought back to the jurisdiction.

For purposes of determining release of a juvenile from probation, the supreme court, in consultation with the department of corrections, shall establish rules for a system of earned discharge for juvenile probationers to be applied by all community supervision officers. A probationer shall be awarded earned discharge credits while on probation for each full calendar month of compliance with terms of supervised probation pursuant to the rules developed by the supreme court.

Probation Officers

All juvenile corrections officers and those employees within the juvenile corrections officer series first employed on and after July 1, 2000, shall be required to be at least 21 years of age, shall possess no felony convictions, and shall meet such physical agility requirements as set by the commissioner.

Funding

Reimbursement to county general fund. (1) When expenses for the care and custody of a juvenile subject to this code have been paid out of the county general fund of any county in this state, the court may assess the expenses to the person who by law is liable to maintain, care for or support the juvenile and shall inform the person assessed the expenses of such person's right to a hearing. If a hearing is requested, it shall be granted and the court shall fix a time and place for hearing on the question of requiring payment or reimbursement of all or part of the expenses by a person who by law is liable to maintain, care for or support the juvenile.

  1. After notice to the person who by law is liable to maintain, care for or support the juvenile, the court, if requested, may hear and dispose of the matter and may enter an order relating to payment of expenses for care and custody of the juvenile. If the person willfully fails or refuses to pay the sum, the person may be adjudged in contempt of court and punished accordingly.
  2. Any county which makes payment to maintain, care for or support a juvenile subject to this code, may bring a separate action against a person who by law is liable to maintain, care for or support such juvenile for the reimbursement of expenses paid out of the county general fund for the care and custody of the juvenile.

Reimbursement to the commissioner. When expenses for the care and custody of a juvenile subject to this code have been paid by the commissioner, the commissioner may recover the expenses as provided by law from any person who by law is liable to maintain, care for or support the juvenile. The commissioner shall have the power to compromise and settle any claim due or any amount claimed to be due to the commissioner from any person who by law is liable to maintain, care for or support the juvenile. The commissioner may contract with a state agency, contract with an individual or hire personnel to collect the reimbursements required under this subsection.

Fees

The supreme court may establish a supervision fee schedule to be charged to a juvenile offender, or the parent or guardian of such juvenile offender, if the juvenile offender is under the age of 18, for services rendered to the juvenile who is placed on probation.

The supervision fee established by this section shall be charged and collected by the clerk of the district court.

An annual report shall be filed with the secretary of corrections from every judicial district concerning the supervision fees. The report shall include figures concerning: (1) The amount of supervision fees ordered to be paid; (2) the amount of supervision fees actually paid; and (3) the amount of expenditures and to whom such expenditures were paid.

The court may waive all or part of the supervision fee established by this section upon a showing that such fee will result in an undue hardship to such juvenile offender or the parent or guardian of such juvenile offender.

Except as provided in subsection (b), a juvenile's parent shall be liable to repay to the commissioner of juvenile justice, or any other person or entity who provides services pursuant to a court order issued under the code, any assistance expended on the juvenile's behalf, regardless of the specific program under which the assistance is or has been provided. Such services shall include, but not be limited to, probation, conditional release, aftercare supervision, case management and community corrections. When more than one person is legally obligated to support the juvenile, liability to the commissioner or other person or entity shall be joint and several. The commissioner or other person or entity shall have the power and authority to file a civil action in the name of the commissioner or other person or entity for repayment of the assistance, regardless of the existence of any other action involving the support of the juvenile.

Additional Resources

Department of Corrections: Juvenile Services

Department of Corrections: Juvenile Community Corrections Programs

Department of Corrections: Graduated Responses and Incentives

Data Collection

Department of Corrections: Juvenile Population Reports

Citations

K.S.A. 20-167 (Supervision fee for juvenile offender; fees paid to county general fund; waiver)

K.S.A. 38-1008 et seq. (Interstate Compact for Juveniles)

K.S.A. 38-2301 et seq. (Revised Kansas Juvenile Justice Code)

K.S.A. 75-7001 et seq. (Juvenile Justice Authority)

 Kentucky

KY flag

Responsible Branch

Executive

Organization

State: Juvenile probation is overseen by the Department of Juvenile Justice within the Justice and Public Safety Cabinet. The Department of Juvenile Justice has the following offices:

  1. Office of Program Operations, which has the following divisions:
    1. Division of Western Region;
    2. Division of Eastern Region; and
    3. Division of Placement Services;
  2. Office of Support Services, which shall have the following divisions:
    1. Division of Administrative Services;
    2. Division of Program Services; and
    3. Division of Medical Services; and
  3. Office of Community and Mental Health Services, which shall have the following divisions:
    1. Division of Professional Development; and
    2. Division of Community and Mental Health Services;

Purpose

The Unified Juvenile Code shall be interpreted to effectuate the following express legislative purposes:

  1. The Commonwealth shall direct its efforts to promoting protection of children; to the strengthening and encouragement of family life for the protection and care of children; to strengthening and maintaining the biological family unit; to ensuring that policies and practices utilized are supported by data and research and are monitored or measured for their effectiveness in achieving the intended results; and to offering all available resources to any family in need of them;
  2. It also shall be declared to be the policy of this Commonwealth that:
    1. All efforts shall be directed toward providing each child a safe and nurturing home;
    2. Emphasis shall be placed on involving families in interventions developed for youth, providing families with access to services necessary to address issues within the family, and increasing accountability of the youth and families within the juvenile justice system;
    3. To the extent possible, out-of-home placement should only be utilized for youth who are high-risk or high-level offenders, and that low-risk, low-level offenders should be served through evidence-based programming in their community; and
    4. As the population in Department of Juvenile Justice facilities is reduced through increased use of community-based treatment, and if staffing ratios can be maintained at the levels required by accreditation bodies, reductions of the number of facilities should be considered;
  3. The court shall show that other less restrictive alternatives have been attempted or are not feasible in order to insure that children are not removed from families except when absolutely necessary;
  4. Any child brought before the court under The Unified Juvenile Code shall have a right to treatment reasonably calculated, through the use of evidence-based programs when available, to bring about an improvement of his or her condition and, to the extent possible, have that treatment administered in the county of residence of the custodial parent or parents or in the nearest available county;
  5. The Unified Juvenile Code shall be interpreted to promote the best interests of the child through providing treatment and sanctions to reduce recidivism and assist in making the child a productive citizen by involving the family, as appropriate, and by advancing the principles of personal responsibility, accountability, and reformation, while maintaining public safety, and seeking restitution and reparation;
  6. The Unified Juvenile Code shall be interpreted to promote public safety and the concept that every child be held accountable for his or her conduct through the use of restitution, reparation, and sanctions, in an effort to rehabilitate delinquent youth; and
  7. It shall further be the policy of this Commonwealth to provide judicial procedures in which rights and interests of all parties, including the parents and victims, are recognized and all parties are assured prompt and fair hearings. Unless otherwise provided, such protections belong to the child individually and may not be waived by any other party.

Interstate Compact Participant

Yes

Process

Disposition

If in its decree the juvenile court finds that the child comes within the purview of this chapter, the court, at the dispositional hearing, may impose any combination of the following, except that the court shall, if a validated risk and needs assessment tool is available, consider the validated risk and needs assessment submitted to the court and parties by the Department of Juvenile Justice or other agency before imposing any enumerated disposition, including: Order the child or his parents, guardian, or person exercising custodial control to make restitution or reparation to any injured person to the extent, in the sum and upon the conditions as the court determines. However, no parent, guardian, or person exercising custodial control shall be ordered to make restitution or reparation unless the court has provided notice of the hearing, provided opportunity to be heard, and made a finding that the person's failure to exercise reasonable control or supervision was a substantial factor in the child's delinquency; and place the child: Under parental supervision in the child's own home or in a suitable home or boarding home, upon the conditions that the court shall determine, or on probation under conditions that the court shall determine.

Probated or Suspended Commitment

The court may probate or suspend a commitment order, except that if a court probates or suspends a commitment in conjunction with any other dispositional alternative, that fact shall be explained to the juvenile and contained in a written order.

Terms of Probation

Conditions that the court shall determine.

A child placed on probation or supervision with court monitoring shall remain subject to the jurisdiction of the court as follows, except that if a person is placed on probation after the person reaches the age of seventeen (17) years and six (6) months, the probation shall be for a period not to exceed one (1) year:

  1. If the child was adjudicated for an offense that would be a violation if committed by an adult, the period of probation or supervision shall not exceed thirty (30) days, except that the court may order up to three (3) months of supervision if the court-ordered treatment includes a program that requires longer than thirty (30) days to complete;
  2. If the child was adjudicated for an offense that would be a misdemeanor if committed by an adult, other than an offense for which a child has been declared a juvenile sex offender under KRS 635.510 or an offense involving a deadly weapon, the period of probation or supervision shall not exceed six (6) months, except that the court may order up to twelve (12) months of supervision if the court-ordered substance abuse or mental health treatment includes a program that requires longer than six (6) months to complete;
  3. If the child was adjudicated for an offense that would be a Class D felony if committed by an adult, other than an offense for which a child has been declared a juvenile sex offender under KRS 635.510 or an offense involving a deadly weapon, the period of probation or supervision shall not exceed twelve (12) months; or
  4. If the child was adjudicated for an offense that would be a felony offense if committed by an adult, other than a Class D felony offense, or for an offense involving a deadly weapon, or for an offense in which the child has not been declared a sexual offender pursuant to KRS 635.510, the child may be placed on probation up to age eighteen (18);

Graduated Sanctions

The Department of Juvenile Justice shall develop and implement a graduated sanctions protocol of swift, certain, proportionate, and graduated sanctions that the department shall apply in response to a committed child's violations of the terms or conditions of supervised placement.

The conditions of probation shall include authorization for the use of graduated sanctions prior to a court review for the imposition of a term of detention. If the court has previously imposed graduated sanctions for a violation of conditions of supervision by a child monitored by the court, or makes a finding that the graduated sanctions have previously been imposed for a child on probation, then the court may impose a sanction of up to thirty (30) days' detention for a violation of the conditions of supervision or probation. A court may not impose detention prior to use of graduated sanctions unless there is clear and convincing evidence that there are no graduated sanctions available that are appropriate for the child and the child is an immediate threat to himself or others. Except where commitment has been probated pursuant to subsection (5) of this section, a child may not be committed or recommitted to the Department of Juvenile Justice for a violation of a condition of probation.

Violations of Probation

The court may, for violations of the conditions of probation, revoke the probation or suspension ordered under this section and order the child committed. The period of the commitment shall not exceed thirty days. Any time a child has spent in out-of-home placement as a result of a violation of a condition of probation or suspension under this section shall be credited toward the period of commitment. If a commitment is probated or suspended after a child reaches the age of seventeen (17) years and six (6) months, the period of the suspension, and commitment if revoked, shall be for a period not to exceed one (1) year, but not to exceed age nineteen (19).

Probation Officers

Not provided for in statute.

Funding

Beginning July 1, 2016, fifty percent (50%) of state moneys expended by the department on programs shall be for programs that are in accordance with evidence-based practices.

Beginning July 1, 2018, and thereafter, seventy-five percent (75%) of state moneys expended by the department on programs shall be for programs that are in accordance with evidence-based practices.

The cabinet shall, as funds become available, develop a fiscal incentive program to fund local efforts that enhance public safety while reducing juvenile justice system costs.

Fees

Not provided for in statute.

Additional Resources

Department of Juvenile Justice: About

Department of Juvenile Justice: Community Supervision

Department of Juvenile Justice: Policy Manual

Data Collection

Not available.

Citations

KRS § 15A.010 et seq. (Justice and Public Safety Cabinet)

KRS § 600.010 et seq. (Unified Juvenile Code)

Kentucky Juvenile Rules of Practice and Procedure JCRPP Purpose et seq.

 Louisiana

LA flag

Responsible Branch

Hybrid

Organization

Hybrid: Juvenile Probation is run at the local level with rulemaking authority granted to the supreme court; However, probation is overseen by the Office of Juvenile Justice within the Department of Public Safety and Corrections

Purpose

The purpose of this Title is to accord due process to each child who is accused of having committed a delinquent act and ensure that he shall receive, preferably in his own home, the care, guidance, and control that will be conducive to his welfare and the best interests of the state and that in those instances when he is removed from the control of his parents, the court shall secure for him care as nearly as possible equivalent to that which the parents should have given him.

Interstate Compact Participant

Yes

Process

Informal Adjustment

Prior to the filing of a petition, the district attorney or the court with the consent of the district attorney may authorize an informal adjustment agreement.

After the filing of a petition but before the attachment of jeopardy pursuant to Article 811, the court may authorize the district attorney or probation officer to effect an informal adjustment agreement if the child and district attorney have no objection. The court may, with concurrence of the district attorney, dismiss the petition or allow the petition to remain pending during the period of informal adjustment.

Evaluations

Following the adjudication, the court may order such physical and mental examination and evaluation of the child as may be helpful in determining a fair and just disposition.

In conjunction with such an examination or evaluation, the court may order the preparation of a social summary and case history about the child, including otherwise confidential information within the court's records, for submission to the evaluator.

In making the investigation, the probation officer shall investigate and report to the court regarding:

  1. The circumstances attending the commission of the offense; the attitudes of the child and his parents toward the offense; the prior offenses committed by the child, including other referrals or contacts not resulting in juvenile court petitions; and, when applicable, the disposition of companion cases arising out of this offense.
  2. The impact on the victim, if a child is adjudicated of or admits to a delinquent act involving a victim. The court shall require that a victim impact statement be included in the predisposition report. The victim impact statement shall include factual information as to whether the victim or his family has suffered, as a result of the offense, any monetary loss, medical expense, or physical impairment, and shall include any other information deemed relevant. The district attorney may also file a victim impact statement with the court.
  3. The child's home environment including his family's composition and dynamics, stability, economic status, participation in community or religious activities, and any physical, mental, or emotional handicaps, substance abuse, or criminal history of any of its members.
  4. The child's current physical description, developmental and medical history, social adjustment in the community, school record, including the name and address of the school where the child is registered and enrolled, employment or vocational interest, significant behavior patterns, or other personality traits relevant to his rehabilitation.

The report shall contain a list of all persons contacted in completing the investigation and their relationship to the child.

The report shall contain a brief statement of the child's identified behavioral problems and the probation officer's assessment of cause and potential for rehabilitation, indicating specifically those resources available in the community or within the child's extended family which could provide needed assistance to the child and his family.

The report shall contain recommendations for suggested disposition, including, if applicable, special conditions of supervision.

Except as provided in Article 897.1, the following grounds, while not controlling the discretion of the court, shall be accorded weight in its determination of suspension of the disposition or probation:

  1. The child's delinquent conduct neither caused nor threatened serious harm.
  2. The child did not contemplate that his delinquent conduct would cause or threaten serious harm.
  3. The child acted under strong provocation.
  4. There were substantial grounds tending to excuse or justify the child's delinquent conduct, though failing to establish a defense.
  5. The victim of the child's delinquent conduct induced or facilitated its commission.
  6. The child or his family has compensated or will compensate the victim of his delinquent conduct for the damage or injury that the victim sustained.
  7. The child has no history of prior delinquency or has led a law-abiding life for a substantial period of time before the commission of the instant delinquent act.
  8. The child's delinquent conduct was the result of circumstances unlikely to recur.
  9. The character and attitudes of the child indicate that he is unlikely to commit another delinquent act or crime.
  10. The child is particularly likely to respond affirmatively to probationary treatment.
  11. The commitment of the child would entail excessive hardship to himself or his family.

Deferred Disposition

At any time after the entry of an adjudication order, the court may, on motion of the district attorney or of counsel for the child, suspend further proceedings and place the child on supervised or unsupervised probation, with or without any of the conditions authorized by Article 897(B)(1) or Article 899(B)(1).

The child and his parent must consent to this special type of disposition. If the child has waived counsel, the court must advise the child and his parent concerning the consequences of a deferred dispositional agreement and of the child's right to have a disposition imposed by the court in accordance with Articles 897 through 900.

A deferred dispositional agreement order shall comply with all the requirements of Article 903.

A deferred dispositional agreement shall remain in force for six months unless the child is discharged sooner by the court. Upon application of the district attorney or by any agency supervising the child made before the expiration of the six-month period, a deferred dispositional agreement order may be extended by the court for an additional period not to exceed six months, or for such period in which the child is a full-time participant in a juvenile drug court program operated by a court of this state, whichever period is longer.

If prior to the expiration of the order a new petition alleging the commission of a delinquent act is filed against the child, or the child otherwise fails to fulfill the express terms and conditions of the order, the court may proceed to impose any disposition authorized by this Title and the child may be held accountable as if the deferred dispositional agreement order had never been entered.

If the child satisfactorily completes the court ordered period of supervision, the court shall discharge the child from any further supervision or conditions, set aside the adjudication, and dismiss the petition with prejudice.

Pursuant to the provisions of this Article, the court has the authority to utilize or initiate a teen or youth court program and may assess a fee to a participant in the program to offset costs.

Violations & Revocations

Except as provided in Paragraph B of this Article, if the court finds that the child has violated a condition of his probation, it may, consistent with the best interests of the child and the public, do any of the following:

  1. Reprimand and warn the child.
  2. Order that supervision be intensified.
  3. Impose additional conditions to the probation.
  4. Extend the period of probation, provided the total amount of time served by the child on probation for any one offense shall not exceed the maximum period of probation authorized by Articles 898 and 900.
  5. Order that probation be revoked and execute the suspended sentence.

If the probation violation is the illegal or unlawful possession of a firearm, probation revocation is mandatory, and the child shall be committed to the custody of the Department of Public Safety and Corrections.

For repeated violations of a judgment of disposition, the court may also find the child in direct or constructive contempt of court and commit him to a juvenile detention center or other licensed facility, provided that the child shall not be physically housed in the same dormitory, room, or area used to house children adjudicated delinquent for behavior other than direct or constructive contempt.

When the conduct alleged as the basis for probation revocation also constitutes a delinquent act, a petition shall be filed and an adjudication hearing scheduled for resolution of the new offense. If the child is adjudicated delinquent on the new petition, the order of disposition may include any sanction authorized by this Title as well as the revocation of the child's probation and imposition of any suspended disposition originally ordered.

Terms of Probation

Felony-grade delinquent act

After adjudication of any felony-grade delinquent act other than those described in Article 897.1, the court may:

  1. Reprimand and warn the child and release him into the custody of his parents either unconditionally or subject to such terms and conditions as deemed in the best interests of the child and the public.
  2. Reprimand and warn the child and release him into the custody of some other suitable person either unconditionally or subject to such terms and conditions as deemed in the best interests of the child and the public. The court shall, whenever practicable, select a person of the same religious faith as the child or his parents.
  3. Place the child on probation in the custody of his parents or other suitable person.

As conditions of probation, if ordered pursuant to Subparagraph (A)(3) of this Article:

  1. The court shall impose all of the following restrictions:
    1. Prohibit the child from possessing any drugs or alcohol.
    2. Prohibit the child from engaging in any further delinquent or criminal activity.
    3. Prohibit the child from possessing a firearm or carrying a concealed weapon, if he has been adjudicated for any of the following offenses and probation is not otherwise prohibited: first or second degree murder; manslaughter; aggravated battery; aggravated or first degree rape, forcible or second degree rape, or simple or third degree rape; aggravated crime against nature as defined by R.S. 14:89.1(A)(1); aggravated kidnapping; aggravated arson; aggravated or simple burglary; armed or simple robbery; burglary of a pharmacy; burglary of an inhabited dwelling; unauthorized entry of an inhabited dwelling; or any violation of the Uniform Controlled Dangerous Substances Law which is a felony or any crime defined as an attempt to commit one of these enumerated offenses.
  2. The court may impose any other term and condition deemed in the best interests of the child and the public, including:
    1. A requirement that the child attend school, if the school admits the child.
    2. A requirement that the child perform court-approved community service activities.
    3. A requirement that the child make reasonable restitution to any victim for any personal or property damage caused by the child in the commission of the delinquent act.
    4. A requirement that the child participate in any program of medical or psychological or other treatment found necessary for his rehabilitation.
    5. A requirement suspending or restricting the child's driving privileges, if any, for all or part of the period of probation. In such cases, a copy of the order shall be forwarded to the Department of Public Safety and Corrections, which shall suspend the child's driver's license or issue a restricted license in accordance with the order of the court.
    6. A requirement prohibiting the child from possessing a firearm or carrying a concealed weapon.
    7. A requirement that the child pay a supervision fee of not less than ten nor more than one hundred dollars per month, payable to the Department of Public Safety and Corrections or other supervising agency, to defray the costs of supervision. The amount of the fee shall be based upon the financial ability of the payor to pay such a fee. The court may order a parent, tutor, guardian, or other person who is financially responsible for the care of the child to be responsible for payment of all or part of any supervision fee imposed.

If a child is adjudicated delinquent for a felony-grade offense that is not a crime of violence as defined in R.S. 14:2 and is placed on probation:

  1. The duration of the probation shall not exceed eighteen months unless all of the following conditions are met:
    1. The child is brought in person before the court for a contradictory modification hearing, as provided in Article 909 et seq., before the lapse of the maximum duration of the initial eighteen-month probationary period. The hearing date shall be set by the court at the time of disposition.
    2. The court finds by clear and convincing evidence that continued probation is necessary for completion of the child's treatment.
  2. If probation is continued beyond eighteen months, a contradictory modification hearing shall occur not less than every six months from the disposition. At any such hearing, if the court determines by clear and convincing evidence that extending the child's probation is not necessary to complete treatment, the child shall be released. The total duration of disposition shall not exceed the maximum provided in this Article.
  3. The provisions of this Paragraph may be waived at the time of disposition if the waiver is knowing, intelligent, and voluntary and made after the child is afforded an adequate and meaningful opportunity to consult with counsel.

When modification and parole is not prohibited by Article 897.1, if an order of commitment to custody of the Department of Public Safety and Corrections is subsequently modified and the child is placed on parole, the maximum term of parole shall be the remainder of the sentence originally imposed.

These maximums do not apply if, inter alia, the child reaches age twenty-one or the child is ordered to participate in a juvenile drug court program operated by a court of this state, as a condition of probation, so long as the child is a full-time participant in such juvenile drug court program.

Misdemeanor-grade delinquent act

After adjudication of a misdemeanor-grade delinquent act, the court may:

  1. Reprimand and warn the child and release him into the custody of his parents either unconditionally or subject to such terms and conditions as deemed in the best interests of the child and the public.
  2. Reprimand and warn the child and release him into the custody of some other suitable person either unconditionally or subject to such terms and conditions as deemed in the best interests of the child and the public. The court shall, whenever practicable, select a person of the same religious faith as the child or his parents.
  3. Place the child on probation in the custody of his parents or other suitable person.

As conditions of probation, if ordered pursuant to Subparagraph A(3) of this Article:

  1. The court shall impose all of the following restrictions:
    1. Prohibit the child from possessing any drugs or alcohol.
    2. Prohibit the child from engaging in any further delinquent or criminal activity.
  2. The court may impose any other term and condition deemed in the best interests of the child and the public, including:
    1. A requirement that the child attend school, if the school admits the child.
    2. A requirement that the child or his parent or legal guardian perform court-approved community service activities. If feasible, the court-approved community service activities shall be conducted by the caretaker and child together.
    3. A requirement that the child make reasonable restitution to any victim for any personal or property damage caused by the child in the commission of the delinquent act.
    4. A requirement that the child participate in any program of medical or psychological or other treatment found necessary for his rehabilitation.
    5. A requirement suspending or restricting the child's driving privileges, if any, for all or part of the period of probation. In such cases, a copy of the order shall be forwarded to the Department of Public Safety and Corrections, which shall suspend the child's driver's license or issue a restricted license in accordance with the order of the court.
    6. A requirement prohibiting the child from possessing a firearm or carrying a concealed weapon.
    7. A requirement that the child pay a monthly supervision fee of not less than ten nor more than one hundred dollars per month, payable to the Department of Public Safety and Corrections or other supervising agency, to defray the cost of supervision. The court may order a parent, tutor, guardian, or other person who is financially responsible for the care of the child to be responsible for payment of all or part of any supervision fee imposed.

No judgment of disposition shall remain in force for a period exceeding the maximum term of imprisonment for the offense which forms the basis for the adjudication, except that if the child is placed on probation, the term of probation may extend for a maximum of one year, or for such longer period of time as the child is a full-time participant in a juvenile drug court program operated by a court of this state, if such participation has been ordered by the court as a condition of the child's probation. The court shall give a child credit for time spent in secure detention prior to the imposition of disposition.

These maximums do not apply if, inter alia, the judgment expires by its own terms, is modified, or is vacated or the child reaches age twenty-one.

Probation Officers

Probation officers shall have the power and authority to make arrests, serve notices, orders, subpoenas, and writs, and to execute all orders and perform any other duties incident to their office.

Funding

Different funding streams are made available through statute tied to local juvenile courts, giving discretion to the individual courts to spend funding.

For example:

There is hereby established a continuing judicial fund which shall, pursuant to R.S. 13:1585, consist of fees charged for adoption cases and costs collected in the handling of support matters and traffic matters. The judicial fund shall be administered by the judges of the Orleans Parish Juvenile Court. The judges of the Orleans Parish Juvenile Court may expend it for the improvements and necessities of the court.

Fees

The court may, after due notice to the parent, order the parent to pay all or part of the expense of any evaluation or examination. The court shall make a determination of the parent's ability to pay according to the procedures of Article 406.

When the court suspends the imposition or execution of sentence and places the child or his parent or both on supervised probation or grants the child supervised parole, and the probationer or parolee is to be supervised by the Department of Public Safety and Corrections or any other agency, the court shall order payment, as a condition of probation or parole, of a monthly supervision fee. The supervision fee imposed shall not exceed fifty dollars per month and shall be payable to the department or other supervising agency to defray the costs of supervision. These funds are only to supplement the level of funds that would ordinarily be available from regular state or other appropriations.

The parent is responsible for payment of any supervision fee imposed and is subject to contempt of court for failure to pay such fees. The parent shall not be subject to judicial sanctions for failure to pay supervision fees if the failure was due to financial inability to pay based upon reasonable expenses for the necessities of life.

Additional Resources

Office of Juvenile Justice: Youth Under Supervision

Data Collection

Office of Juvenile Justice: Data & Reports

Citations

LSA-Ch.C.Art. 100 et seq. (Louisiana Children’s Coe)

LSA-R.S. 13:1564 et seq. (Juvenile Courts)

LSA-R.S. 36:401 et seq. (Department of Public Safety and Corrections)

 Maine

ME

Responsible Branch

Executive

Organization

State: Juvenile Probation Services are run through the Division of Juvenile Services under the Department of Corrections.

Purpose

To promote public safety by ensuring that juveniles under Department of Correction’s jurisdiction are provided with risk-focused intervention, quality treatment, and other services that teach skills and competencies; strengthen prosocial behaviors to reduce the likelihood of re-offending and require accountability to victims and communities. (Department of Corrections: Division of Juvenile Services)

The purposes of this Part are:

  1. To secure for each juvenile subject to these provisions such care and guidance, preferably in the juvenile's own home, as will best serve the juvenile's welfare and the interests of society;
  2. To preserve and strengthen family ties whenever possible, including improvement of home environment;
  3. To remove a juvenile from the custody of the juvenile's parents only when the juvenile's welfare and safety or the protection of the public would otherwise be endangered or, when necessary, to punish a child adjudicated, pursuant to chapter 507,1 as having committed a juvenile crime;
  4. To secure for any juvenile removed from the custody of the juvenile's parents the necessary treatment, care, guidance and discipline to assist that juvenile in becoming a responsible and productive member of society;
  5. To provide procedures through which the provisions of the law are executed and enforced and that ensure that the parties receive fair hearings at which their rights as citizens are recognized and protected; and
  6. To provide consequences, which may include those of a punitive nature, for repeated serious criminal behavior or repeated violations of probation conditions.

Interstate Compact Participant

Yes

Process

When a juvenile accused of having committed a juvenile crime is referred to a juvenile community corrections officer, the juvenile community corrections officer shall, except in cases in which an investigation is conducted pursuant to Title 5, section 200-A, conduct a preliminary investigation to determine whether the interests of the juvenile or of the community require that further action be taken.

On the basis of the preliminary investigation, the juvenile community corrections officer shall:

  1. Decide that action requiring ongoing supervision is not required either in the interests of the public or of the juvenile;
  2. Make whatever informal adjustment is practicable without a petition; or
  3. Request a petition to be filed.

Evaluations

If ordered by the court, the Department of Corrections shall make a social study and prepare a written report on every juvenile adjudicated as having committed a juvenile crime and shall present that report to the juvenile court prior to that juvenile's dispositional hearing.

Deferred Disposition

A juvenile who has entered an admission to a juvenile crime that would be a Class C, Class D or Class E crime or a civil violation if committed by an adult and who consents in writing to a deferred disposition is eligible for a deferred disposition pursuant to section 3311-B.

Terms of Probation

Deferred Disposition

Following the acceptance of an admission of commission of a juvenile crime for which a juvenile is eligible for a deferred disposition under section 3311-A, the court may order disposition deferred to a date certain or determinable and impose requirements upon the juvenile to be in effect during the period of deferment that are considered by the court to be reasonable and appropriate to meet the purposes of the Maine Juvenile Code. The court-imposed deferment requirements must include a requirement that the juvenile refrain from conduct that would constitute a juvenile crime, crime or civil violation. Unless the juvenile crime is one under section 3103, subsection 1, paragraph B or C, the court-imposed deferment requirements may include that the juvenile abide by specific conditional release requirements under supervision by a juvenile community corrections officer. In exchange for the deferred disposition, the juvenile shall abide by the court-imposed deferment requirements. Unless the court orders otherwise, the deferment requirements are immediately in effect.

If during the period of deferment the attorney for the State has probable cause to believe that a juvenile who was granted deferred disposition pursuant to section 3311-B has violated a court-imposed deferment requirement, the attorney for the State may move the court to terminate the remainder of the period of deferment and impose disposition. Following notice and hearing, if the attorney for the State proves by a preponderance of the evidence that the juvenile has inexcusably failed to comply with a court-imposed deferment requirement, the court may continue the running of the period of deferment with the requirements unchanged, modify the requirements, add further requirements or terminate the running of the period of deferment and conduct a dispositional hearing and impose a disposition authorized for the juvenile crime to which the juvenile entered an admission. If the court finds that the juvenile has not inexcusably failed to comply with a court-imposed deferment requirement, the court may order that the running of the period of deferment continue or, after notice and hearing, take any other action permitted under this chapter. If the alleged violation is of a conditional release requirement, the juvenile community corrections officer must receive notice of the hearing.

Probation

The court may allow the juvenile to remain in the legal custody of the juvenile's parent or parents, guardian or legal custodian under such conditions as the court may impose. Conditions may include participation by the juvenile or the juvenile's parent or parents, guardian or legal custodian in treatment services aimed at the rehabilitation of the juvenile and improvement of the home environment.

The period of probation of a juvenile, its modification and discharge, is as provided by Title 17-A, section 1804, except that the period of probation of a juvenile convicted of a juvenile crime as defined by section 3103, subsection 1, paragraph B, C or E may not exceed one year. The period of probation may extend beyond the juvenile's 21st birthday.

Probation Officers

Juvenile community corrections officers have the same arrest powers as other law enforcement officers with respect to juveniles placed under their supervision.

Funding

Not prescribed in statute.

Fees

Not prescribed in statute.

Additional Resources

Department of Corrections: Division of Juvenile Services

Data Collection

Maine Statistical Analysis Center

Citations

34-A M.R.S.A. § 9901 et seq. (The Interstate Compact for Juveniles)

34-A M.R.S.A. § 5601 et seq. (Juvenile Probation Services)

15 M.R.S.A. § 3001 et seq. (Maine Juvenile Code)

17-A M.R.S.A. § 1801 et seq. (Probation)

 Maryland

MD

Responsible Branch

Executive

Organization

Hybrid: Juvenile Probation is overseen by the Department of Juvenile Services. The Department runs six regions.

Purpose

The purposes of this subtitle are:

  1. To ensure that the Juvenile Justice System balances the following objectives for children who have committed delinquent acts:
    1. Public safety and the protection of the community;
    2. Accountability of the child to the victim and the community for offenses committed; and
    3. Competency and character development to assist children in becoming responsible and productive members of society;
  2. To hold parents of children found to be delinquent responsible for the child's behavior and accountable to the victim and the community;
  3. To hold parents of children found to be delinquent or in need of supervision responsible, where possible, for remedying the circumstances that required the court's intervention;
  4. To provide for the care, protection, and wholesome mental and physical development of children coming within the provisions of this subtitle; and to provide for a program of treatment, training, and rehabilitation consistent with the child's best interests and the protection of the public interest;
  5. To conserve and strengthen the child's family ties and to separate a child from his parents only when necessary for his welfare or in the interest of public safety;
  6. If necessary to remove a child from his home, to secure for him custody, care, and discipline as nearly as possible equivalent to that which should have been given by his parents;
  7. To provide to children in State care and custody:
    1. A safe, humane, and caring environment; and
    2. Access to required services; and
  8. To provide judicial procedures for carrying out the provisions of this subtitle.

Interstate Compact Participant

Yes

Process

In making a disposition on a petition under this subtitle, the court may, inter alia, place the child on probation or under supervision in his own home or in the custody or under the guardianship of a relative or other fit person, upon terms the court deems appropriate, including community detention;

In addition to the provisions of paragraph (1) of this subsection, in making a disposition on a petition, the court may adopt a treatment service plan, as defined in § 3-8A-20.1 of this subtitle.

Terms of Probation

An order of the court may be modified or vacated if the court finds that action to be in the best interest of the child or the public, except in cases involving commitment of a child to the Maryland Department of Health for placement in a State mental hospital.

Probation Officers

Not prescribed in statute.

Funding

Not prescribed in statute.

Fees

Not prescribed in statute.

Additional Resources

Department of Juvenile Services: Detention and Community Supervision

Data Collection

Department of Juvenile Services: Data Resource Guides

Department of Juvenile Services: Department of Juvenile Services Publications

Citations

MD Code, Courts and Judicial Proceedings, § 3-8A-01 et seq. (Juvenile Causes – Children Other than Cinas and Adults)

MD Code, Human Services, § 9-101 et seq. (Juvenile Services)

MD Rules, Rule 11-101 et seq. (Juvenile Causes)

 Massachusetts

MA flag

Responsible Branch

Judicial

Organization

Local: Juvenile Probation Services are run through the Juvenile Court System

Purpose

The Juvenile Court's mission is to protect children from abuse and neglect, to strengthen families, to rehabilitate juveniles, and to protect the public from delinquent and criminal behavior. (Massachusetts Juvenile Court).

Interstate Compact Participant

Yes

Process

Every case of a delinquent child shall be investigated by the probation officer, who shall make a report regarding the character of such child, his school record, home surroundings and the previous complaints against him, if any. In every case involving a child attending a special class authorized by law, he shall secure from the bureau of special education a record of performance of said child. He shall be present in court at the trial of the case, and furnish the court with such information and assistance as shall be required. At the end of the probation period of a child who has been placed on probation, the officer in whose care he has been shall make a report as to his conduct during such period.

Terms of Probation

If a child has been placed in care of a probation officer, said officer, at any time before the final disposition of the case, may arrest such child without a warrant and take him before the court, or the court may issue a warrant for his arrest. When such child is before the court, it may make any disposition of the case which it might have made before said child was placed on probation, or may continue or extend the period of probation.

Probation Officers

Not prescribed in statute.

Funding

Not prescribed in statute.

Fees

Not prescribed in statute.

Additional Resources

Massachusetts law about the juvenile justice system

Juvenile Court

Data Collection

Not Available.

Citations

M.G.L.A. 120A § 1 et seq. (Interstate Compact on Juveniles)

M.G.L.A. 119 § 1 et seq. (Protection and Care of Children, and Proceeding Against Them)

M.G.L.A. 218 § 57 et seq. (Juvenile courts; divisions; territorial jurisdiction; appeals)

 Michigan

MI flag

Responsible Branch

Mixed

Organization

Hybrid: Organized at the local family court level, with oversight and resources provided by the Department of Health and Human Services

Purpose

Juvenile Justice Programs provides support for juvenile offenders and promotes safe communities by focusing on the following goals.

  1. Safe Communities through Early Intervention, Diversion and Prevention at the Community Level.
  2. Effective Community Programming.
  3. Continuous Quality Improvement (CQI), Data Collection and Analysis.
  4. Complete and Consistent Continuum of Available Services and Treatment.
  5. Evidence-Based Principles/Outcome Driven Funding Through the Child Care Fund. (Michigan Department of Health and Human Services).

Interstate Compact Participant

Yes

Process

If in the course of investigating an alleged offense by a minor a petition has not been filed with the court, or if a petition has not been authorized, a law enforcement official or court intake worker may do 1 of the following:

  1. Release the minor into the custody of his or her parent, guardian, or custodian and discontinue the investigation.
  2. Divert the matter by making an agreement pursuant to section 51 with the minor and the minor's parent, guardian, or custodian to refer the minor to a person or public or private organization or agency that will assist the minor and the minor's family in resolving the problem that initiated the investigation.
  3. File a petition with the court or authorize a petition that has been filed.

A minor may be diverted only as provided in subsection (1)(a) or (b) and subsection (3).

A minor accused or charged with an assaultive offense shall not be diverted.

If the juvenile has been convicted of an offense listed in MCL 769.1(1)(a)-(l), the court must sentence the juvenile in the same manner as an adult. Unless a juvenile is required to be sentenced in the same manner as an adult, a judge of a court having jurisdiction over a juvenile shall conduct a juvenile sentencing hearing unless the hearing is waived as provided in subrule (B).

At the conclusion of the juvenile sentencing hearing, the court shall determine whether to impose a sentence against the juvenile as though an adult offender or whether to place the juvenile on juvenile probation and commit the juvenile to state wardship pursuant to MCL 769.1b.

Terms of Probation

Not prescribed in statute.

Probation Officers

Not prescribed in statute.

Funding

Not prescribed in statute.

Fees

Not prescribed in statute.

Additional Resources

Michigan Supreme Court: Juvenile Probation Officer and Caseworker Self-Instructional Manual (Revised April 2020)

Michigan Department of Health & Human Services (MDHHS): Juvenile Justice

Data Collections

Not Available

Citations

M.C.L.A. 722.821 et seq. (Juvenile Diversion Act)

M.C.L.A. 400.227 (Department of health and human services)

M.C.L.A. 3.691 et seq. (Interstate Compact for Juveniles)

M.C.L.A. 600.1001 et seq. (Family Division of Circuit Court)

M.C.L.A. 760.1 et seq (Code of Criminal Procedure)

 Minnesota

MN flag

Responsible Branch

Mixed

Organization

Hybrid: Localities that do not find it practical to operate a local supervision program may be assisted by the department of corrections.

Purpose

The purpose of the laws relating to children alleged or adjudicated to be delinquent is to promote the public safety and reduce juvenile delinquency by maintaining the integrity of the substantive law prohibiting certain behavior and by developing individual responsibility for lawful behavior. This purpose should be pursued through means that are fair and just, that recognize the unique characteristics and needs of children, and that give children access to opportunities for personal and social growth.

Interstate Compact Participant

Yes

Process

Before making a disposition in a case, or appointing a guardian for a child, the court may consider any report or recommendation made by the local social services agency, probation officer, licensed child-placing agency, foster parent, guardian ad litem, tribal representative, or other authorized advocate for the child or child's family, a school district concerning the effect on student transportation of placing a child in a school district in which the child is not a resident, or any other information deemed material by the court. In addition, the court may consider the results of the children's mental health screening provided in section 260B.157, subdivision 1.

If the court finds that the child is delinquent, it shall enter an order making any of the following dispositions, inter alia, of the case which are deemed necessary to the rehabilitation of the child:

  1. counsel the child or the parents, guardian, or custodian;
  2. place the child under the supervision of a probation officer or other suitable person in the child's own home under conditions prescribed by the court including reasonable rules for the child's conduct and the conduct of the child's parents, guardian, or custodian, designed for the physical, mental, and moral well-being and behavior of the child, or with the consent of the commissioner of corrections, in a group foster care facility which is under the management and supervision of said commissioner;

A petty offender who has committed a juvenile alcohol or controlled substance offense shall be adjudicated a “petty offender,” and shall not be adjudicated delinquent, unless, as in the case of any other child alleged to be delinquent, a petition is filed in the manner provided in section 260B.141, summons issued, notice given, a hearing held, and the court finds as a further fact that the child is also delinquent within the meaning and purpose of the laws related to juvenile courts.

If the juvenile court finds that a child is a petty offender, the court may:

  1. require the child to pay a fine of up to $100;
  2. require the child to participate in a community service project;
  3. require the child to participate in a drug awareness program;
  4. order the child to undergo a chemical dependency evaluation and if warranted by this evaluation, order participation by the child in an outpatient chemical dependency treatment program;
  5. place the child on probation for up to six months or, in the case of a juvenile alcohol or controlled substance offense, following a determination by the court that the juvenile is chemically dependent, the court may place the child on probation for a time determined by the court;
  6. order the child to make restitution to the victim; or
  7. perform any other activities or participate in any other outpatient treatment programs deemed appropriate by the court.

Terms of Probation

Proceedings for revocation of probation may be commenced based upon a written report showing probable cause to believe the juvenile has violated any conditions of probation. Based upon the report, the court may issue a warrant as provided by Rule 4.03, or the court may schedule a review hearing and provide notice of the hearing as provided in Rule 25. If the juvenile fails to appear in response to a summons, the court may issue a warrant.

If the court finds by clear and convincing evidence, or the child admits violating the terms of the dispositional order, the court may proceed as follows:

  1. order a disposition pursuant to Minnesota Statutes, section 260B.198; or
  2. for a child who was previously granted a continuance without adjudication pursuant to Rule 15.05, subdivision 4, adjudicate the child and order a disposition pursuant to Minnesota Statutes, section 260B.198.

Probation Officers

Not prescribed in statute.

Funding

Not prescribed in statute.

Fees

Not prescribed in statute.

Additional Resources

Minnesota Employment Review: Juvenile Probation Officer

Minnesota Judicial Branch: Juvenile Delinquency

Department of Corrections: Community Supervision & Reentry

Data Collections

Not Available

Citations

52 M.S.A., Juvenile Delinquency Procedure Rule 1.01 et seq. (Rules of Juvenile Delinquency Procedure)

M.S.A. § 260.01 et seq. (Juvenile Court; Child Placement; Compacts)

M.S.A. § 260B.001 et seq. (Delinquency)

 Mississippi

Responsible Branch

Executive

Organization

State: The Division of Community Services within the Division of Youth Services within the Department of Human Services is responsible for supervision over juvenile probation services. 

Purpose

This chapter shall be liberally construed to the end that each child coming within the jurisdiction of the youth court shall become a responsible, accountable and productive citizen, and that each such child shall receive such care, guidance and control, preferably in such child's own home as is conducive toward that end and is in the state's and the child's best interest. It is the public policy of this state that the parents of each child shall be primarily responsible for the care, support, education and welfare of such children; however, when it is necessary that a child be removed from the control of such child's parents, the youth court shall secure proper care for such child.

Interstate Compact Participant

Yes

Process

After receiving a report, the youth court intake unit shall promptly make a preliminary inquiry to determine whether the interest of the child, other children in the same environment or the public requires the youth court to take further action. As part of the preliminary inquiry, the youth court intake unit may request or the youth court may order the Department of Human Services, the Department of Youth Services, any successor agency or any other qualified public employee to make an investigation or report concerning the child and any other children in the same environment, and present the findings thereof to the youth court intake unit. If the youth court intake unit receives a neglect or abuse report, the youth court intake unit shall immediately forward the complaint to the Department of Human Services to promptly make an investigation or report concerning the child and any other children in the same environment and promptly present the findings thereof to the youth court intake unit. If it appears from the preliminary inquiry that the child or other children in the same environment are within the jurisdiction of the court, the youth court intake unit shall recommend to the youth court:

  1. That the youth court take no action;
  2. That an informal adjustment be made;
  3. The Department of Human Services, Division of Family and Children Services, monitor the child, family and other children in the same environment;
  4. That the child is warned or counseled informally;
  5. That the child be referred to the youth court intervention court; or
  6. That a petition be filed.

Informal adjustment pursuant to the informal adjustment agreement provided in Section 43-21-405 shall include:

  1. the giving of counsel and advice to the child and his parent, guardian or custodian;
  2. referrals to public and private agencies which may provide benefits, guidance or services to the child and his parent, guardian or custodian;
  3. temporary placement of the child or supervision by the youth court counselor with the consent of the child and his parent, guardian or custodian, subject to youth court review.

In delinquency cases, the disposition order may include any of the following alternatives:

  1. Release the child without further action;
  2. Place the child in the custody of the parents, a relative or other persons subject to any conditions and limitations, including restitution, as the youth court may prescribe;
  3. Place the child on probation subject to any reasonable and appropriate conditions and limitations, including restitution, as the youth court may prescribe;
  4. Order terms of treatment calculated to assist the child and the child's parents or guardian which are within the ability of the parent or guardian to perform and which are not in conflict with a provider's determination of medical necessity;
  5. Order terms of supervision which may include participation in a constructive program of service or education or civil fines not in excess of Five Hundred Dollars ($500.00), or restitution not in excess of actual damages caused by the child to be paid out of his own assets or by performance of services acceptable to the victims and approved by the youth court and reasonably capable of performance within one (1) year;
  6. Suspend the child's driver's license by taking and keeping it in custody of the court for not more than one (1) year;
  7. Recommend to the child and the child's parents or guardian that the child attend and participate in the Youth Challenge Program under the Mississippi National Guard, as created in Section 43-27-203, subject to the selection of the child for the program by the National Guard; however, the child must volunteer to participate in the program. The youth court shall not order any child to apply for or attend the program;
  8. Adjudicate the juvenile to the Statewide Juvenile Work Program if the program is established in the court's jurisdiction. The juvenile and his or her parents or guardians must sign a waiver of liability in order to participate in the work program. The judge will coordinate with the youth services counselors as to placing participants in the work program as follows:
    1. The severity of the crime, whether or not the juvenile is a repeat offender or is a felony offender will be taken into consideration by the judge when adjudicating a juvenile to the work program. The juveniles adjudicated to the work program will be supervised by police officers or reserve officers. The term of service will be from twenty-four (24) to one hundred twenty (120) hours of community service. A juvenile will work the hours to which he or she was adjudicated on the weekends during school and weekdays during the summer. Parents are responsible for a juvenile reporting for work. Noncompliance with an order to perform community service will result in a heavier adjudication. A juvenile may be adjudicated to the community service program only two (2) times;
    2. The judge shall assess an additional fine on the juvenile which will be used to pay the costs of implementation of the program and to pay for supervision by police officers and reserve officers. The amount of the fine will be based on the number of hours to which the juvenile has been adjudicated;
  9. Order the child to participate in a youth court work program as provided in Section 43-21-627;
  10. Order terms of house arrest under the intensive supervision program as created in Sections 47-5-1001 through 47-5-1015. The Department of Human Services shall take bids for the placement of juveniles in the intensive supervision program. The Department of Human Services shall promulgate rules regarding the supervision of juveniles placed in the intensive supervision program. For each county there shall be seventy-five (75) slots created in the intensive supervision program for juveniles. Any youth ordered into the intensive home-based supervision program shall receive comprehensive strength-based needs assessments and individualized treatment plans. Based on the assessment, an individualized treatment plan shall be developed that defines the supervision and programming that is needed by a youth. The treatment plan shall be developed by a multidisciplinary team that includes the family of the youth whenever possible. The juvenile shall pay Ten Dollars ($00) to offset the cost of administering the alcohol and drug test. The juvenile must attend school, alternative school or be in the process of working toward a High School Equivalency Diploma certificate;
  11. The judge may consider house arrest in an intensive supervision program as a reasonable prospect of rehabilitation within the juvenile justice system. The Department of Human Services shall promulgate rules regarding the supervision of juveniles placed in the intensive supervision program;
  12. Referral to A-team provided system of care services; or
  13. Place the child on electronic monitoring subject to any conditions and limitations as the youth court may prescribe.

In addition to any of the disposition alternatives authorized under subsection (1) of this section, the disposition order in any case in which the child is adjudicated delinquent for an offense under Section 63-11-30 shall include an order denying the driver's license and driving privileges of the child as required under Section 63-11-30(9).

If the youth court finds, after a hearing which complies with the sections governing adjudicatory hearings, that the terms of a delinquency or child in need of supervision disposition order, probation or parole have been violated, the youth court may, in its discretion, revoke the original disposition and make any disposition which it could have originally ordered. The hearing shall be initiated by the filing of a petition that complies with the sections governing petitions in this chapter and that includes a statement of the youth court's original disposition order, probation or parole, the alleged violation of that order, probation or parole, and the facts which show the violation of that order, probation or parole. Summons shall be served in the same manner as summons for an adjudicatory hearing.

Terms of Probation

The informal adjustment process shall not continue beyond a period of six (6) months from its commencement unless extended by the youth court for an additional period not to exceed six (6) months by court authorization prior to the expiration of the original six-month period. In no event shall the custody or supervision of a child which has been placed with the Department of Public Welfare be continued or extended except upon a written finding by the youth court judge or referee that reasonable efforts have been made to maintain the child within his own home, but that the circumstances warrant his removal and there is no reasonable alternative to custody, and that reasonable efforts will continue to be made towards reunification of the family.

The youth court may require drug testing as part of a disposition order. If a child tests positive, the court may require treatment, counseling and random testing, as it deems appropriate. The costs of such tests shall be paid by the parent, guardian or custodian of the child unless the court specifically finds that the parent, guardian or custodian is unable to pay.

Probation Officers

The Department of Human Services shall exercise jurisdiction and supervision over youth services workers employed by the counties, if funds are appropriated to the department for that purpose, and the duties of those workers shall be coordinated with the duties of youth services workers employed by the department.

Funding

Not prescribed in statute.

Fees

Not prescribed in statute.

Additional Resources

Department of Human Services: Youth Services

Administrative Office of Courts: Youth Court

Data Collection

Not Available.

Citations

Miss. Code Ann. § 43-14-1 et seq. (Department of Human Services and County Departments of Public Welfare)

Miss. Code Ann. § 43-21-101 et seq. (Youth Court)

Miss. Code Ann. § 43-25-101 (Interstate Compact for Juveniles)

Miss. Code Ann. § 43-27-2 (Department of Youth Services)

 Missouri

MO flag

Responsible Branch

Hybrid

Organization

Hybrid: However, support services and diversion programs are aided by the Division of Youth Services (DYS) within the Department of Social Services. DYS is also responsible for aftercare supervision.

Purpose

The purpose of this chapter is to facilitate the care, protection and discipline of children who come within the jurisdiction of the juvenile court. This chapter shall be liberally construed, therefore, to the end that each child coming within the jurisdiction of the juvenile court shall receive such care, guidance and control as will conduce to the child's welfare and the best interests of the state, and that when such child is removed from the control of his parents the court shall secure for him care as nearly as possible equivalent to that which should have been given him by them. The child welfare policy of this state is what is in the best interests of the child.

Interstate Compact Participant

Yes

Process

Whenever any person informs the juvenile officer in writing that a child appears to be within the purview of applicable provisions of section 211.031 or that a person seventeen years of age appears to be within the purview of the provisions of subdivision (1) of subsection 1 of section 211.031, the juvenile officer shall make or cause to be made a preliminary inquiry to determine the facts and to determine whether or not the interests of the public or of the child or person seventeen years of age require that further action be taken. On the basis of this inquiry, the juvenile officer may make such informal adjustment as is practicable without a petition or file a petition. Any other provision of this chapter to the contrary notwithstanding, the juvenile court shall not make any order for disposition of a child or person seventeen years of age which would place or commit the child or person seventeen years of age to any location outside the state of Missouri without first receiving the approval of the children's division.

When a child is found by the court to come within the provisions of subdivision (3) of subsection 1 of section 211.031, the court shall so decree and make a finding of fact upon which it exercises its jurisdiction over the child, and the court may, by order duly entered, proceed as follows, inter alia:

Place the child under supervision in his or her own home or in custody of a relative or other suitable person after the court or a public agency or institution designated by the court conducts an investigation of the home, relative or person and finds such home, relative or person to be suitable and upon such conditions as the court may require; provided that, no child who has been adjudicated a delinquent by a juvenile court for committing or attempting to commit a sex-related offense which if committed by an adult would be considered a felony offense pursuant to chapter 566, including but not limited to rape, forcible sodomy, child molestation, and sexual abuse, and in which the victim was a child, shall be placed in any residence within one thousand feet of the residence of the abused child of that offense until the abused child reaches the age of eighteen, and provided further that the provisions of this subdivision regarding placement within one thousand feet of the abused child shall not apply when the abusing child and the abused child are siblings or children living in the same home;

Terms of Probation

Whenever an informal adjustment is made under the provisions of section 211.081, the juvenile court may allow the child:

  1. To make restitution or reparation for the damage or loss caused by his offense. Any restitution or reparation shall be reasonable in view of the child's ability to make payment or perform the reparation. The court may require the clerk of the circuit court to act as receiving and disbursing agent for any payment agreed upon;
  2. To complete a term of community service under the supervision of the court or an organization selected by the court.

Probation Officers

The juvenile officer is vested with all the power and authority of sheriffs to make arrests and perform other duties incident to his office.

Funding

The treasurer of the state shall establish in the state treasury a “Department of Social Services Administrative Trust Fund” which shall be funded annually by appropriations and deposits thereto.

Fees

Not prescribed in statute.

Additional Resources

Department of Social Services: Division of Youth Services: Juvenile Court Diversion

Data Collection

Juvenile and Family Court Division Reports

Citations

V.A.M.S. 660.010 et seq. (Department of Social Services)

V.A.M.S. 211.011 et seq. (Juvenile Courts)

V.A.M.S. 487.010 et seq. (Family Courts)

V.A.M.S. 219.011 et seq. (Youth Services)

 Montana

MT flag

Responsible Branch

Judicial

Organization

Local: Run through the local Youth Court.

Purpose

The Montana Youth Court Act must be interpreted and construed to effectuate the following express legislative purposes:

  1. to preserve the unity and welfare of the family whenever possible and to provide for the care, protection, and wholesome mental and physical development of a youth coming within the provisions of the Montana Youth Court Act;
  2. to prevent and reduce youth delinquency through a system that does not seek retribution but that provides:
    1. immediate, consistent, enforceable, and avoidable consequences of youths' actions;
    2. a program of supervision, care, rehabilitation, detention, competency development, and community protection for youth before they become adult offenders;
    3. in appropriate cases, restitution as ordered by the youth court; and
    4. that, whenever removal from the home is necessary, the youth is entitled to maintain ethnic, cultural, or religious heritage whenever appropriate;
  3. to achieve the purposes of subsections (1) and (2) in a family environment whenever possible, separating the youth from the parents only when necessary for the welfare of the youth or for the safety and protection of the community;
  4. to provide judicial procedures in which the parties are ensured a fair, accurate hearing and recognition and enforcement of their constitutional and statutory rights.

Interstate Compact Participant

Yes

Process

Intake

Upon determining that further action is required after a preliminary inquiry, the juvenile probation officer or assessment officer may:

  1. arrange informal disposition; or
  2. refer the matter to the county attorney for filing a petition.

After a preliminary inquiry, the juvenile probation officer or assessment officer upon determining that further action is required and that referral to the county attorney is not required may:

  1. provide counseling, refer the youth and the youth's family to another agency providing appropriate services, or take any other action or make any informal adjustment that does not involve probation or detention; or
  2. provide for treatment or adjustment involving probation or other disposition authorized under 41-5-1302 through 41-5-1304 if the treatment or adjustment is voluntarily accepted by the youth's parents or guardian and the youth, if the matter is referred immediately to the county attorney for review, and if the juvenile probation officer or assessment officer proceeds no further unless authorized by the county attorney.

Violation/Revocation

A youth on probation incident to an adjudication that the youth is a delinquent youth or a youth in need of intervention and that the youth has violated a term of probation may be proceeded against in a probation revocation proceeding. A proceeding to revoke probation must be done by filing in the original proceeding a petition styled “petition to revoke probation”.

Petitions to revoke probation must be screened, reviewed, and prepared in the same manner and must contain the same information as petitions alleging delinquency or need of intervention. Procedures of the Montana Youth Court Act regarding taking into custody and detention apply. The petition must state the terms of probation alleged to have been violated and the factual basis for the allegations.

The standard of proof in probation revocation proceedings is the same standard used in probation revocation of an adult, and the hearing must be before the youth court without a jury. In all other respects, proceedings to revoke probation are governed by the procedures, rights, and duties applicable to proceedings on petitions alleging that the youth is delinquent or a youth in need of intervention. If a youth is found to have violated a term of probation, the youth court may make any judgment of disposition that could have been made in the original case.

Before conducting the dispositional hearing, the court shall direct that a youth assessment or predisposition report be made in writing by a juvenile probation officer or an assessment officer concerning the youth, the youth's family, the youth's environment, and other matters relevant to the need for care or rehabilitation or disposition of the case, including a statement by the victim or the victim's family. The youth court may have the youth examined, and the results of the examination must be made available to the court as part of the youth assessment or predisposition report. The court may order the examination of a parent or guardian whose ability to care for or supervise a youth is at issue before the court. The results of the examination must be included in the youth assessment or predisposition report. The youth or the youth's parents, guardian, or counsel has the right to subpoena all persons who have prepared any portion of the youth assessment or predisposition report and has the right to cross-examine the parties at the dispositional hearing.

Terms of Probation

If a youth is found to be a youth in need of intervention or to have violated a consent adjustment, the youth court may enter its judgment making one or more of the following, inter alia, dispositions:

  1. place the youth on probation. The youth court shall retain jurisdiction in a disposition under this subsection.
  2. order restitution for damages that result from the offense for which the youth is disposed by the youth or by the person who contributed to the delinquency of the youth;
  3. require the performance of community service;
  4. require the youth, the youth's parents or guardians, or the persons having legal custody of the youth to receive counseling services;
  5. require the medical and psychological evaluation of the youth, the youth's parents or guardians, or the persons having legal custody of the youth;
  6. require the parents, guardians, or other persons having legal custody of the youth to furnish services the court may designate;
  7. order further care, treatment, evaluation, or relief that the court considers beneficial to the youth and the community;
  8. place the youth under home arrest as provided in Title 46, chapter 18, part 10;
  9. order confiscation of the youth's driver's license, if the youth has one, by the juvenile probation officer for a specified period of time, not to exceed 90 days. The juvenile probation officer shall notify the department of justice of the confiscation and its duration. The department of justice may not enter the confiscation on the youth's driving record. The juvenile probation officer shall notify the department of justice when the confiscated driver's license has been returned to the youth. A youth's driver's license may be confiscated under this subsection more than once. The juvenile probation officer may, in the juvenile probation officer's discretion and with the concurrence of a parent or guardian, return a youth's confiscated driver's license before the termination of the time period for which it had been confiscated. The confiscation may not be used by an insurer as a factor in determining the premium or part of a premium to be paid for motor vehicle insurance covering the youth or a vehicle or vehicles driven by the youth and may not be used as grounds for denying coverage for an accident or other occurrence under an existing policy.
  10. order the youth to pay a contribution covering all or a part of the costs for adjudication, disposition, and attorney fees for the costs of prosecuting or defending the youth and costs of detention, supervision, care, custody, and treatment of the youth, including the costs of counseling;
  11. order the youth to pay a contribution covering all or a part of the costs of a victim's counseling; or
  12. order the youth to participate in mediation that is appropriate for the offense committed.

Probation Officers

All juvenile probation officers and youth court staff are employees of the judicial branch of state government. The employees are subject to classification and compensation as determined by the judicial branch personnel plan adopted by the supreme court under 3-1-130 and must receive state employee benefits and expenses as provided in Title 2, chapter 18.

A juvenile probation officer shall:

  1. perform the duties set out in 41-5-1302 (consent adjustment);
  2. make predisposition studies and submit reports and recommendations to the court;
  3. supervise, assist, and counsel youth placed on probation or conditional release or under the juvenile probation officer's supervision, including enforcement of the terms of probation or conditional release or intervention;
  4. assist any public and private community and work projects engaged in by youth to pay fines, make restitution, and pay any other costs ordered by the court that are associated with youth delinquency or need for intervention;
  5. perform any other functions designated by the court.

A juvenile probation officer does not have power to make arrests or to perform any other law enforcement functions in carrying out the juvenile probation officer's duties except that a juvenile probation officer may take into custody any youth who violates either the youth's probation, terms and conditions of the youth's conditional release agreement, or a lawful order of the court.

The duties of a full-time or part-time juvenile probation officer may not be performed by a person serving as a law enforcement officer.

The office of court administrator may conduct a 40-hour juvenile probation officer basic training program and other training programs and courses for juvenile probation officers.

A juvenile probation officer who successfully completes the 40-hour basic training program or another program or course must be issued a certificate by the office of court administrator.

Each chief juvenile probation officer and deputy juvenile probation officer shall obtain 16 hours a year of training in subjects relating to the powers and duties of juvenile probation officers.

Funding

Not prescribed in statute.

Fees

The dispositional hearing may involve a determination of the financial ability of the youth's parents or guardians to pay a contribution for the cost of the adjudication, disposition, supervision, care, commitment, and treatment of the youth as required in 41-5-1525, including the costs of necessary medical, dental, and other health care.

If the court determines that a youth's parents or guardians are financially able to pay a contribution for adjudication, disposition, attorney fees for the costs of prosecuting or defending the youth, costs of detention, or supervision as provided in subsection (1), the court shall order the youth's parents or guardians to pay a specified amount. The order must state to which state or local government agency all or a part of the contribution is due and in what order the payments must be made.

Additional Resources

Judicial Branch: Youth Court

Data Collection

Judicial Branch: Youth Reports/UM Evaluations

Citations

MCA 41-6-101 et seq. (Interstate Compact on Juveniles)

MCA 41-5-101 et seq. (Youth Court Act)

 Nebraska

NE flag

Responsible Branch

Judicial

Organization

Local: Probation services provided by the Juvenile Services Division of the Judicial Branch.

Following an adjudication, whenever any juvenile is placed on juvenile probation subject to the supervision of a probation officer, the Office of Probation Administration is deemed to have placement and care responsibility for the juvenile.

Purpose

Acknowledging the responsibility of the juvenile court to act to preserve the public peace and security, the Nebraska Juvenile Code shall be construed to effectuate the following:

  1. To assure the rights of all juveniles to care and protection and a safe and stable living environment and to development of their capacities for a healthy personality, physical well-being, and useful citizenship and to protect the public interest;
  2. To provide for the intervention of the juvenile court in the interest of any juvenile who is within the provisions of the Nebraska Juvenile Code, with due regard to parental rights and capacities and the availability of nonjudicial resources;
  3. To remove juveniles who are within the Nebraska Juvenile Code from the criminal justice system whenever possible and to reduce the possibility of their committing future law violations through the provision of social and rehabilitative services to such juveniles and their families;
  4. To offer selected juveniles the opportunity to take direct personal responsibility for their individual actions by reconciling with the victims, or victim surrogates when appropriate, through restorative justice practices and fulfilling the terms of the resulting reparation plan which may require apologies, restitution, community service, or other agreed-upon means of making amends;
  5. To achieve the purposes of subdivisions (1) through (3) of this section in the juvenile's own home whenever possible, separating the juvenile from his or her parent when necessary for his or her welfare, the juvenile's health and safety being of paramount concern, or in the interest of public safety and, when temporary separation is necessary, to consider the developmental needs of the individual juvenile in all placements, to consider relatives as a preferred potential placement resource, and to make reasonable efforts to preserve and reunify the family if required under section 43-283.01;
  6. To promote adoption, guardianship, or other permanent arrangements for children in the custody of the Department of Health and Human Services who are unable to return home;
  7. To provide a judicial procedure through which these purposes and goals are accomplished and enforced in which the parties are assured a fair hearing and their constitutional and other legal rights are recognized and enforced;
  8. To assure compliance, in cases involving Indian children, with the Nebraska Indian Child Welfare Act; and
  9. To make any temporary placement of a juvenile in the least restrictive environment consistent with the best interests of the juvenile and the safety of the community.

Interstate Compact Participant

Yes

Process

A peace officer, upon making contact with a juvenile whom the peace officer has reasonable grounds to believe has committed a misdemeanor offense, other than an offense involving a firearm, sexual assault, or domestic violence, may issue the juvenile a civil citation.

A county attorney may establish a juvenile pretrial diversion program with the concurrence of the county board. If the county is part of a multicounty juvenile services plan under the Nebraska County Juvenile Services Plan Act, the county attorney may establish a juvenile pretrial diversion program in conjunction with other county attorneys from counties that are a part of such multicounty plan. A city attorney may establish a juvenile pretrial diversion program with the concurrence of the governing body of the city. Such programs shall meet the requirements of sections 43-260.02 to 43-260.07.

The county attorney or city attorney, having knowledge of a juvenile within his or her jurisdiction who appears to be a juvenile described in subdivision (1), (2), (3)(b), or (4) of section 43-247 and taking into consideration the criteria in section 43-276, may proceed as provided in this section.

The county attorney or city attorney may offer pretrial diversion to the juvenile in accordance with a juvenile pretrial diversion program established pursuant to sections 43-260.02 to 43-260.07.

If a juvenile appears to be a juvenile described in subdivision (1), (2), (3)(b), or (4) of section 43-247, the county attorney or city attorney may utilize restorative justice practices or services as a form of, or condition of, diversion or plea bargaining or as a recommendation as a condition of disposition, through a referral to a restorative justice facilitator.

The county attorney or city attorney shall file the petition in the court with jurisdiction as outlined in section 43-246.01.

When any juvenile is adjudged to be under subdivision (3), (4), or (8) of section 43-247, the court may permit such juvenile to remain in his or her own home subject to supervision or may make an order committing the juvenile to (1) the care of some suitable institution, (2) inpatient or outpatient treatment at a mental health facility or mental health program, (3) the care of some reputable citizen of good moral character, (4) the care of some association willing to receive the juvenile embracing in its objects the purpose of caring for or obtaining homes for such juveniles, which association shall have been accredited as provided in section 43-296, (5) the care of a suitable family, or (6) the care and custody of the Department of Health and Human Services, except that a juvenile who is adjudicated to be a juvenile described in subdivision (3)(b) or (4) of section 43-247 shall not be committed to the care and custody or supervision of the department on or after October 1, 2013.

Terms of Probation

The juvenile shall report to the juvenile assessment center as instructed by the citation. The juvenile assessment center may require the juvenile to participate in community service or other available services appropriate to the needs of the juvenile identified by the juvenile assessment center which may include family counseling, urinalysis monitoring, or substance abuse and mental health treatment services; and

If the juvenile fails to comply with any services required pursuant to subdivision (5) of this section or if the juvenile is issued a third or subsequent civil citation, a peace officer shall take the juvenile into temporary custody as provided in sections 43-248 and 43-250.

A juvenile diversion agreement shall include, but not be limited to, one or more of the following:

  1. A letter of apology;
  2. Community service, not to be performed during school hours if the juvenile offender is attending school;
  3. Restitution;
  4. Attendance at educational or informational sessions at a community agency;
  5. Requirements to remain during specified hours at home, school, and work and restrictions on leaving or entering specified geographical areas; and
  6. Participation in an appropriate restorative justice practice or service.

If the court's order of disposition permits the juvenile to remain in his or her own home as provided by section 43-284 or 43-286, the court may, as a condition or conditions to the juvenile's continuing to remain in his or her own home, or in cases under such sections when the juvenile is placed or detained outside his or her home, as a condition of the court allowing the juvenile to return home, require the parent, guardian, or other custodian to:

  1. Eliminate the specified conditions constituting or contributing to the problems which led to juvenile court action;
  2. Provide adequate food, shelter, clothing, and medical care and for other needs of the juvenile;
  3. Give adequate supervision to the juvenile in the home;
  4. Take proper steps to insure the juvenile's regular school attendance;
  5. Cease and desist from specified conduct and practices which are injurious to the welfare of the juvenile; and
  6. Resume proper responsibility for the care and supervision of the juvenile.

The terms and conditions imposed in any particular case shall relate to the acts or omissions of the juvenile, the parent, or other person responsible for the care of the juvenile which constituted or contributed to the problems which led to the juvenile court action in such case. The maximum duration of any such term or condition shall be one year unless the court finds that at the conclusion of that period exceptional circumstances require an extension of the period for an additional year.

For purposes of this section, graduated response means an accountability-based series of sanctions, incentives, and services designed to facilitate the juvenile's continued progress in changing behavior, ongoing compliance, and successful completion of probation. Graduated response does not include restrictions of liberty that would otherwise require a hearing under subsection (3) of section 43-253.

The Office of Probation Administration may establish a statewide standardized graduated response matrix of incentives for compliance and positive behaviors and sanctions for probationers who violate the terms and conditions of a court order. The graduated response system shall use recognized best practices and be developed with the input of stakeholders, including judges, probation officers, county attorneys, defense attorneys, juveniles, and parents. The office shall provide implementation and ongoing training to all probation officers on the graduated response options.

Graduated response sanctions should be immediate, certain, consistent, and fair to appropriately address the behavior. Failure to complete a sanction may result in repeating the sanction, increasing the duration, or selecting a different sanction similar in nature. Continued failure to comply could result in a request for a motion to revoke probation. Once a sanction is successfully completed the alleged probation violation is deemed resolved and cannot be alleged as a violation in future proceedings.

Graduated response incentives should provide positive reinforcement to encourage and support positive behavior change and compliance with court-ordered conditions of probation.

Whenever a probation officer has reasonable cause to believe that a juvenile subject to the supervision of a probation officer has committed a violation of the terms of the juvenile's probation while on probation, but that such juvenile will not attempt to leave the jurisdiction and will not place lives or property in danger, the probation officer shall either:

  1. Impose one or more graduated response sanctions with the approval of his or her chief probation officer or such chief's designee. The decision to impose graduated response sanctions in lieu of formal revocation proceedings rests with the probation officer and his or her chief probation officer or such chief's designee and shall be based upon such juvenile's risk level, the severity of the violation, and the juvenile's response to the violation. If graduated response sanctions are to be imposed, such juvenile shall acknowledge in writing the nature of the violation and agree upon the graduated response sanction with approval of such juvenile's parents or guardian. Such juvenile has the right to decline to acknowledge the violation, and if he or she declines to acknowledge the violation, the probation officer shall submit a written report pursuant to subdivision (5)(b) of this section. If the juvenile fails to satisfy the graduated response sanctions and the office determines that a motion to revoke probation should be pursued, the probation officer shall submit a written report pursuant to subdivision (5)(b) of this section. A copy of the report shall be submitted to the county attorney of the county where probation was imposed; or
  2. Submit a written report to the county attorney of the county where probation was imposed and to the juvenile's attorney of record, outlining the nature of the probation violation and request that formal revocation proceedings be instituted against the juvenile subject to the supervision of a probation officer. The report shall also include a statement regarding why graduated response sanctions were not utilized or were ineffective. If there is no attorney of record for the juvenile, the office shall notify the court and counsel for the juvenile shall be appointed.

Whenever a probation officer has reasonable cause to believe that a juvenile subject to the supervision of a probation officer has violated a condition of his or her probation and that such juvenile will attempt to leave the jurisdiction or will place lives or property in danger, the probation officer shall take such juvenile into temporary custody without a warrant and may call on any peace officer for assistance as provided in section 43-248. Continued detention or deprivation of liberty shall be subject to the criteria and requirements of sections 43-251.01, 43-260, and 43-260.01 and subdivision (5)(b)(iv) of section 43-286, and a hearing shall be held before the court within twenty-four hours as provided in subsection (3) of section 43-253.

Immediately after detention or deprivation of liberty pursuant to subsection (6) of this section, the probation officer shall notify the county attorney of the county where probation was imposed and the juvenile's attorney of record and submit a written report describing the risk of harm to lives or property or of fleeing the jurisdiction which precipitated the need for such detention or deprivation of liberty and of any violation of probation. If there is no attorney of record for the juvenile, the office shall notify the court and counsel for the juvenile shall be appointed. After prompt consideration of the written report, the county attorney shall:

  1. Order the release of the juvenile from confinement or alternative to detention subject to the supervision of a probation officer; or
  2. File with the adjudicating court a motion to revoke the probation.

Whenever a county attorney receives a report from a probation officer that a juvenile subject to the supervision of a probation officer has violated a condition of probation and the probation officer is seeking revocation of probation, the county attorney may file a motion to revoke probation.

Whenever a juvenile subject to supervision of a probation officer is engaging in positive behavior, completion of goals, and compliance with the terms of probation, the probation officer shall use graduated incentives to provide positive reinforcement and encouragement of such behavior. The office shall keep records of all incentives and provide such records to the county attorney or the juvenile's attorney upon request.

During the term of probation, the court, on application of a probation officer or of the juvenile or on its own motion, may reduce or eliminate any of the conditions imposed on the juvenile. Upon completion of the term of probation or the earlier discharge of the juvenile, the juvenile shall be relieved of any obligations imposed by the order of the court and his or her record shall be sealed pursuant to section 43-2,108.04.

The probation administrator shall adopt and promulgate rules and regulations to carry out this section.

Probation Officers

Not prescribed in statute.

Funding

The salary of a judge of a separate juvenile court shall be as provided in section 24-301.01 and shall be paid out of the General Fund of the state.

Payment of costs for juveniles described in or alleged to be described in subdivision (1), (2), (3)(b), or (4) of section 43-247, except as ordered by the court pursuant to section 43-290, shall be paid by:

  1. The county for the period of time prior to adjudication, except as provided in subdivision (1)(b) of this section. Such costs paid for by the county include, but are not limited to, the costs of detention, services, detention alternatives, treatment, voluntary services, and transportation;
  2. The Office of Probation Administration for:
    1. The period of time after adjudication until termination of court jurisdiction, including, but not limited to, the costs of evaluations, detention, services, placement that is not detention, detention alternatives, treatment, voluntary services, and transportation, other than transportation paid under subdivision (1)(c) of this section;
    2. The time period prior to adjudication for a juvenile who is on probation and is alleged to have committed a new violation or is a juvenile who is subject to a motion to revoke probation; and
    3. Preadjudication evaluations and preadjudication placements that are not detention; and

Fees

Not prescribed in statute.

Additional Resources

Judicial Branch: Juvenile Services Division

Data Collection

Juvenile pretrial diversion program data shall be maintained and compiled by the Director of Juvenile Diversion Programs.

Citations

NE R Juvenile Court Sarpy County Rule 1 et seq. (Sarpy County Juvenile Court)

NE R Juvenile Court Lancaster County Rule 1 et seq. (Lancaster County Juvenile Court)

NE R Juvenile Court Douglas County Rule 1 et seq. (Douglas County Juvenile Court)

Neb. Rev. St. § 43-245 et seq. (Juvenile Code)

Neb. Rev. St. § 43-1005 et seq. (Interstate Compact for Juveniles)

 Nevada

NV flag

Responsible Branch

Judicial

Organization

Hybrid; Nevada Counties are locally responsible for juvenile probation services and diversion; However, parole is overseen by the state youth-parole-bureau. Probation services are organized differently in counties based on population size. Special supervision programs, although run through local counties, is overseen by the Department of Health & Human services.

Purpose

The Legislature hereby declares that:

  1. This title must be liberally construed to the end that:
    1. Each child who is subject to the jurisdiction of the juvenile court must receive such care, guidance and control, preferably in the child's own home, as will be conducive to the child's welfare and the best interests of this State; and
    2. When a child is removed from the control of the parent or guardian of the child, the juvenile court shall secure for the child a level of care which is equivalent as nearly as possible to the care that should have been given to the child by the parent or guardian.
  2. One of the purposes of this title is to promote the establishment, supervision and implementation of preventive programs that are designed to prevent a child from becoming subject to the jurisdiction of the juvenile court.

Interstate Compact Participant

Yes

Process

If the district attorney files a petition with the juvenile court, the juvenile court may:

  1. Dismiss the petition without prejudice and refer the child to the probation officer for informal supervision pursuant to NRS 62C.200; or
  2. Place the child under the supervision of the juvenile court pursuant to a supervision and consent decree, without a formal adjudication of delinquency, if the juvenile court receives:
    1. The recommendation of the probation officer.
    2. The written approval of the district attorney; and
    3. The written consent and approval of the child and the parent or guardian of the child.

When a complaint is made alleging that a child is delinquent or in need of supervision, the child may be placed under the informal supervision of a probation officer if:

  1. The child voluntarily admits participation in the acts alleged in the complaint; and
  2. The district attorney gives written approval for placement of the child under informal supervision, if any of the acts alleged in the complaint are unlawful acts that would have constituted a gross misdemeanor or felony if committed by an adult.

Except as otherwise provided in this section, the juvenile court may at any time modify or terminate any decree or order that it has made.

Terms of Probation

Informal Supervision

An agreement for informal supervision may require the child to:

  1. Perform community service, provide restitution to any victim of the acts for which the child was referred to the probation officer or make a monetary contribution to a restitution contribution fund established pursuant to NRS 62E.175;
  2. Participate in a program of restitution through work that is established pursuant to NRS 62E.580 if the child:
    1. Is 14 years of age or older;
    2. Has never been found to be within the purview of this title for an unlawful act that involved the use or threatened use of force or violence against a victim and has never been found to have committed such an unlawful act in any other jurisdiction, unless the probation officer determines that the child would benefit from the program;
    3. Is required to provide restitution to a victim; and
    4. Voluntarily agrees to participate in the program of restitution through work;
  3. Complete a program of cognitive training and human development pursuant to NRS 62E.220 if:
    1. The child has never been found to be within the purview of this title; and
    2. The unlawful act for which the child is found to be within the purview of this title did not involve the use or threatened use of force or violence against a victim; or
  4. Engage in any combination of the activities set forth in this subsection.

Disposition

The juvenile court may order a child or the parent or guardian of the child, or both, to perform community service.

Special Supervision Programs

The Department of Health and Human Services shall adopt:

  1. Rules and regulations setting forth minimum standards for the operation of special supervision programs; and
  2. Other rules as may be necessary for the administration of the provisions of NRS 62G.400 to 62G.470, inclusive.

The standards must be sufficiently flexible to foster the development of new and improved supervision practices and techniques.

In developing the standards, the Department of Health and Human Services shall seek advice from the appropriate officials in those counties that participate in a special supervision program.

Probation Officers

Not prescribed in statute.

Funding

The juvenile court in each county may apply to the Department of Health and Human Services to have the State of Nevada share the costs of supervising any delinquent child in a special supervision program.

Fees

Not prescribed in statute.

Additional Resources

Department of Health & Human Services Division of Child & Family Services: Overview of Juvenile Justice System

Department of Health & Human Services Division of Child & Family Services: Youth Parole Bureau

Data Collection

Juvenile Justice Programs Office: Juvenile Justice Data

Upon the request of the juvenile court, a probation officer shall file with the juvenile court a report of:

  1. The number of children placed under informal supervision during the previous year;
  2. The conditions imposed in each case; and
  3. The number of cases that were successfully completed without the filing of a petition.

Citations

N.R.S. 62A.010 et seq. (Juvenile Justice)

 New Hampshire

NH flag

Responsible Branch

Executive

Organization

The Bureau of Juvenile Justice Services within the Division for Children, Youth, and Families within the Department of Health and Human Services is responsible for providing supervision.

Purpose

This chapter shall be liberally interpreted, construed and administered to effectuate the following purposes and policies:

  1. To encourage the wholesome moral, mental, emotional, and physical development of each minor coming within the provisions of this chapter, by providing the protection, care, treatment, counselling, supervision, and rehabilitative resources which such minor needs.
  2. Consistent with the protection of the public interest, to promote the minor's acceptance of personal responsibility for delinquent acts committed by the minor, encourage the minor to understand and appreciate the personal consequences of such acts, and provide a minor who has committed delinquent acts with counseling, supervision, treatment, and rehabilitation and make parents aware of the extent if any to which they may have contributed to the delinquency and make them accountable for their role in its resolution.
  3. To achieve the foregoing purposes and policies, whenever possible, by keeping a minor in contact with the home community and in a family environment by preserving the unity of the family and separating the minor and parents only when it is clearly necessary for the minor's welfare or the interests of public safety and when it can be clearly shown that a change in custody and control will plainly better the minor.
  4. To provide effective judicial procedures through which the provisions of this chapter are executed and enforced and which recognize and enforce the constitutional and other rights of the parties and assures them a fair hearing.

Interstate Compact Participant

Yes

Process

The department of health and human services shall provide the court with costs of the recommended services, placements and programs. If the court finds that a minor is delinquent, the court may order the least restrictive of the following, inter alia, dispositions, which the court finds is the most appropriate:

  1. Return the minor to a parent, custodian or guardian.
  2. Fine the minor up to $250, require restitution or both. Restitution ordered by the court may be collected by the department or by the court or by an agency designated by the court to collect it. In any case where a parent is ordered to pay all or any portion of the fine or restitution pursuant to RSA 169-B:2-a, the parents shall have the right to a hearing before the court to contest the amount of restitution or their liability.
  3. Order the minor or the family or both to undergo physical treatment or treatment by a mental health center or any other psychiatrist, psychologist, psychiatric social worker or family therapist as determined by the court, or to attend mediation sessions, parenting programs, or any other such program or programs the court determines to carry out the purposes of this chapter, with expenses charged according to RSA 169-B:40. Utilization of community resource programs shall be encouraged.
  4. Place the minor on conditional release for a term no longer than 5 years.
  5. Release the minor in the care and supervision of a relative or friend; or to home detention for a period not to exceed 6 months. Such home detention shall be subject to the written consent of the parents to the terms and conditions established by the court. The court shall include in its order for home detention any restrictions on the hours of detention.
  6. Release the minor to the custody of the department of health and human services for placement in a foster home, as defined in RSA 169-C:3, XIII, a group home, a crisis home, or a shelter care facility, with expenses charged according to RSA 169-B:40.
  7. Order the minor to perform up to 50 hours of uncompensated public service subject to the approval of the elected or appointed official authorized to give approval of the city or town in which the offense occurred. The court's order for uncompensated public service shall include the name of the official who will provide supervision to the minor. However, no person who performs such public service under this paragraph shall receive any benefits that such employer gives to its other employees, including, but not limited to, workers' compensation and unemployment benefits and no such employer shall be liable for any damages sustained by a person while performing such public service or any damages caused by that person unless the employer is guilty of gross negligence.
  8. Any combination of the above.

Diversion

An officer authorized under RSA 169-B:9 to take a minor into custody may dispose of the case without court referral by releasing the minor to a parent, guardian, or custodian. The officer shall make a written report to the officer's department identifying the minor, specifying the grounds for taking the minor into custody and indicating the basis for the disposition.

Prior to filing a delinquency petition with the court, the arresting agency or prosecutor shall screen the petition for participation in diversion. The petitioner shall identify why diversion was not an appropriate disposition prior to seeking court involvement.

At any time before or at arraignment pursuant to this chapter, a minor and the minor's family may be referred to a court-approved diversion program or other intervention program or community resource. Referral may be made by the arresting or prosecuting agency or juvenile probation and parole officer, prior to filing a petition with the court or after the filing of a petition by such agency with the court's approval, or by the court on its own, or any party's motion. When the arresting or prosecuting agency, or juvenile probation and parole officer suspects that a minor has a disability, an administrator at the responsible school district shall be notified. If appropriate, the school district shall refer the minor for evaluation to determine if the child is in need of special education and related services.

The administrative judge of the judicial branch family division shall have the authority to approve diversion referral procedures for use in all juvenile matters throughout the state.

Referral to diversion or other community resource after filing is appropriate if:

  1. The facts bring the case within the jurisdiction of the court;
  2. Referral of the case is in the best interest of the public and the minor; and
  3. The minor and the parents, guardian, or other custodian give knowing, informed, and voluntary consent.

Referral after filing shall stay the proceedings for a period not to exceed 6 months from the date of referral, unless extended by the court for an additional period not to exceed 6 months and does not authorize the detention of the minor.

During the period of referral, the court may require further conditions of conduct on the part of the minor and the minor's parents.

No person who performs public service as part of his or her participation in a court approved diversion program under this chapter shall receive any benefits that such employer gives to its employees, including, but not limited to, workers' compensation and unemployment benefits and no such employer shall be liable for any damages sustained by a person while performing such public service or any damages caused by that person unless the employer is found to be negligent.

Terms of Probation

In juvenile cases, the Court may place a juvenile on conditional release under the supervision of a Juvenile Probation and Parole Officer (JPPO). The terms and conditions of release, unless otherwise prescribed by the Court, shall be as follows:

  1. You shall comply with all orders of the Court.
  2. You shall be of good behavior and remain arrest free, obey all laws and cooperate with your parent(s) or custodian at all times.
  3. You shall, if under 18 years of age or until you have graduated, attend school full-time and follow all school rules.
  4. You shall attend school full-time and follow all school rules. If lawfully allowed to attend school only part-time, you shall also be lawfully employed or actively engaged in an employment plan approved by your JPPO.
  5. You shall not consume or possess alcoholic beverages or controlled drugs or any substance or thing determined to be contraband by your JPPO.
  6. You shall submit to random drug testing as ordered by the Court.
  7. You shall attend, and meaningfully participate in, all treatment and counseling as ordered by the Court.
  8. You shall not possess, transport, control or receive any weapon, explosive device, or firearm.
  9. You shall report to your JPPO at such times and places as directed by your JPPO.
  10. You shall immediately notify your JPPO of any arrest, summons, or questioning by a law enforcement officer.
  11. You shall report any change of address, telephone number, school status, or employment to your JPPO within 24 hours.
  12. You shall submit to reasonable searches as requested by your JPPO of your person, property, possessions, vehicle(s), school locker(s), bags, containers, or any other items under your custody, care, or control.
  13. You shall submit to visits by your JPPO to your residence and to examinations and searches of your room in the enforcement of your conditions of release.
  14. You shall regularly report your earnings to your JPPO and be in compliance with your specified budget as approved by your JPPO.
  15. You shall not associate with any person or be at any place in violation of Court orders or the directives of your JPPO.
  16. You shall not leave the State of New Hampshire for longer than 24 hours without advance written permission from your parent(s) or guardian or those having legal custody of you. You shall provide your JPPO with said written permission within 24 hours of receipt of said written permission.
  17. You shall also obtain a Travel Permit when required by the Interstate Compact on Juveniles and Association of Juvenile Compact Administrators (AJCA) Rules regarding out-of-state travel.
  18. You shall agree to return to the State of New Hampshire from any State in the United States or any other place voluntarily and without formality as directed by the Court or your JPPO.
  19. You shall comply with designated curfew/home restriction provisions.
  20. The Court may impose all or part of the conditions as well as other terms and conditions.

Upon making a finding that the purposes of this chapter have been met with regard to the minor named in the petition, or for such other reason the court may deem appropriate and consistent with the purposes of this chapter, the court may order a case closed. Any case remaining open for 12 months after the date of the disposition shall be reviewed by the court annually and closed, unless the court finds by a preponderance of the evidence that the continued provision of services and court involvement are necessary and shall be fruitful to rehabilitate the minor or protect the public interest.

Probation Officers

The commissioner shall, through rules adopted pursuant to RSA 541-A, assign permanent juvenile probation and parole officers to each judicial district consistent with the workload formula established by the department.

Juvenile probation and parole officers under the administration of the department of health and human services shall have the power and duty:

  1. To serve as officers of the court and investigate at the request of any justice of the district courts which they serve, any case, matter, or questions, and to report the results of such investigation with recommendations to the authority which ordered the investigation.
  2. To take charge of and provide supervision of juveniles, attempting to assist them in establishing law-abiding lives while monitoring their behavior through school, home, work, office, and other contacts to insure that they comply with court orders.
  3. To report promptly to the appropriate district court violations of court orders and conditions which are required by statute, the district court, or which, in the opinion of the officer, are serious enough to warrant consideration. Such reports shall include recommendations as to actions which the officer believes to be appropriate.
  4. To arrest and take into custody any minor who is found violating any law, or who is reasonably believed to be a fugitive from justice, or whose circumstances are such as to endanger his person or welfare, unless immediate action is taken.
  5. To participate in community service activities, diversion programs, and other duties as may be assigned by the commissioner of the department of health and human services, or designee.

Funding

Not prescribed in statute.

Fees

In each case brought pursuant to this chapter, on the date of the arraignment, the court shall identify the parent or parents of the minor or, in their absence, the guardian or other person charged by law with the responsibility for the welfare of the minor. It shall be the obligation of such parent or guardian to:

  1. Personally attend and assure the attendance of the minor at all hearings of the court.
  2. Personally attend and assure the attendance of the minor at all meetings with the department of health and human services and collateral support service agencies occasioned by the action.
  3. Fully participate in all services ordered by the court including, but not limited to, substance abuse treatment, parenting classes, mediation, diversion, and community service.
  4. Pay a portion, or all, of any restitution or fines imposed by the court or court approved diversion program fees, when the court finds the payment by the parent to be in the interest of justice and rehabilitation.
  5. Supervise the minor's compliance with all orders of the court and conditions of release and probation including, but not limited to, curfew, school attendance and general behavior.

Failure to supervise and otherwise accept responsibility as required by this section may be treated as criminal contempt of court punishable by up to a $1,000 fine and 90 days' imprisonment. It shall be a defense to any such charge of contempt that the parent, guardian or such other person or persons having custody and control of the minor made reasonable efforts to comply.

Additional Resources

Department of Health and Human Services: Division of Children, Youth & Families: Juvenile Justice Services

Department of Health and Human Services: Division of Children, Youth & Families: Probation and Parole

Department of Health and Human Services: Division of Children, Youth & Families: Juvenile Court

Department of Health and Human Services: Division of Children, Youth & Families: Juvenile Delinquency

Department of Health and Human Services: Division of Children, Youth & Families: Diversion Programs

Data Collection

Not Available.

Citations

Family Division Rule 3.1 et seq. (Juvenile Delinquency and Children in Need of Services)

N.H. Rev. Stat. § 490-D:1 et seq. (Judicial Branch Family Division)

N.H. Rev. Stat. § 169-A:1 et seq. (Interstate Compact for Juveniles)

N.H. Rev. Stat. § 169-B:1 et seq. (Delinquent Children)

N.H. Rev. Stat. § 170-G:1 et seq. (Services for Children, Youth and Families)

 New Jersey

NJ flag

Responsible Branch

Judicial

Organization

Probation services are overseen by the Administrative Office of the Courts, which is overseen by the State Supreme Court.

Purpose

This act shall be construed so as to effectuate the following purposes:

  1. To preserve the unity of the family whenever possible and to provide for the care, protection, and wholesome mental and physical development of juveniles coming within the provisions of this act;
  2. Consistent with the protection of the public interest, to remove from children committing delinquent acts certain statutory consequences of criminal behavior, and to substitute therefor an adequate program of supervision, care and rehabilitation, and a range of sanctions designed to promote accountability and protect the public;
  3. To separate juveniles from the family environment only when necessary for their health, safety, or welfare or in the interests of public safety;
  4. To secure for each child coming under the jurisdiction of the court the care, guidance, and control, preferably in his own home, as will conduce to the child's welfare and the best interests of the State; and when the child is removed from his own family, to secure for him custody, care, and discipline as nearly as possible equivalent to that which should have been given by his parents;
  5. To insure that children under the jurisdiction of the court are wards of the State, subject to the discipline and entitled to the protection of the State, which may intervene to safeguard them from neglect or injury and to enforce the legal obligations due to them and from them;
  6. Consistent with the protection of the public interest, to insure that any services and sanctions for juveniles provide balanced attention to the protection of the community, the imposition of accountability for offenses committed, fostering interaction and dialogue between the offender, victim, and community, and the development of competencies to enable children to become responsible and productive members of the community;
  7. To insure protection and a safe environment for those sexually exploited juveniles who are charged with prostitution or who are alleged to be victims of human trafficking; and to provide these juveniles with the appropriate shelter, care, counseling, and crisis intervention services from the time they are taken into custody and for the duration of any legal proceedings; and
  8. To insure that in any action undertaken within the provisions of this act, the best interests of the child shall be a primary consideration.

Interstate Compact Participant

Yes

Process

Every complaint shall be reviewed by court intake services for recommendation as to whether the complaint should be dismissed, diverted, or referred for court action. Where the complaint alleges a crime which, if committed by an adult, would be a crime of the first, second, third or fourth degree, or alleges a repetitive disorderly persons offense or any disorderly persons offense defined in chapter 35 or chapter 36 of Title 2C, the complaint shall be referred for court action, unless the prosecutor otherwise consents to diversion. Court intake services shall consider the following factors in determining whether to recommend diversion:

  1. The seriousness of the alleged offense or conduct and the circumstances in which it occurred;
  2. The age and maturity of the juvenile;
  3. The risk that the juvenile presents as a substantial danger to others;
  4. The family circumstances, including any history of drugs, alcohol abuse or child abuse on the part of the juvenile, his parents or guardian;
  5. The nature and number of contacts with court intake services and the court that the juvenile or his family have had;
  6. The outcome of those contacts, including the services to which the juvenile or family have been referred and the results of those referrals;
  7. The availability of appropriate services outside referral to the court;
  8. Any recommendations expressed by the victim or complainant, or arresting officer, as to how the case should be resolved;
  9. Any recommendation expressed by the county prosecutor;
  10. The amenability of the juvenile to participation in a remedial education or counseling program that satisfies the requirements of subsection b. of section 2 of P.L.2011, c. 128 (C.2A:4A-71.1) if the offense alleged is an eligible offense as defined in subsection c. of section 2 of P.L.2011, c. 128 (C.2A:4A-71.1); and
  11. Any information relevant to the offense in any case where the juvenile is charged with an act which if committed by an adult would constitute prostitution in violation of N.J.S.2C:34-1 or any offense which the juvenile alleges is related to the juvenile being a victim of human trafficking.

In determining the appropriate disposition for a juvenile adjudicated delinquent the court shall weigh the following factors:

  1. The nature and circumstances of the offense;
  2. The degree of injury to persons or damage to property caused by the juvenile's offense;
  3. The juvenile's age, previous record, prior social service received, and out-of-home placement history;
  4. Whether the disposition supports family strength, responsibility and unity and the well-being and physical safety of the juvenile;
  5. Whether the disposition provides for reasonable participation by the child's parent, guardian, or custodian, provided, however, that the failure of a parent or parents to cooperate in the disposition shall not be weighed against the juvenile in arriving at an appropriate disposition;
  6. Whether the disposition recognizes and treats the unique physical, psychological, and social characteristics and needs of the child;
  7. Whether the disposition contributes to the developmental needs of the child, including the academic and social needs of the child where the child has intellectual disabilities or learning disabilities;
  8. Any other circumstances related to the offense and the juvenile's social history as deemed appropriate by the court;
  9. The impact of the offense on the victim or victims;
  10. The impact of the offense on the community; and
  11. The threat to the safety of the public or any individual posed by the child.

Predisposition Report

Before making a disposition, the court may refer the juvenile to an appropriate individual, agency or institution for examination and evaluation.

In arriving at a disposition, the court may also consult with such individuals and agencies as may be appropriate to the juvenile's situation, including the county probation division, the Department of Children and Families, the Juvenile Justice Commission established pursuant to section 2 of P.L.1995, c. 284 (C.52:17B-170), the county youth services commission, school personnel, clergy, law enforcement authorities, family members and other interested and knowledgeable parties. In so doing, the court may convene a predispositional conference to discuss and recommend disposition.

The predisposition report ordered pursuant to the Rules of Court may include a statement by the victim of the offense for which the juvenile has been adjudicated delinquent or by the nearest relative of a homicide victim. The statement may include the nature and extent of any physical harm or psychological or emotional harm or trauma suffered by the victim, the extent of any loss to include loss of earnings or ability to work suffered by the victim and the effect of the crime upon the victim's family. The probation division shall notify the victim or nearest relative of a homicide victim of his right to make a statement for inclusion in the predisposition report if the victim or relative so desires. Any statement shall be made within 20 days of notification by the probation division. The report shall further include information on the financial resources of the juvenile. This information shall be made available on request to the Victims of Crime Compensation Office established pursuant to section 3 of P.L.1971, c. 317 (C.52:4B-3) or to any officer authorized under section 3 of P.L.1979, c. 396 (C.2C:46-4) to collect payment of an assessment, restitution or fine.

Any predisposition report prepared pursuant to this section shall include:

  1. an analysis of the circumstances attending the commission of the act;
  2. the impact of the offense on the community;
  3. the offender's history of delinquency or criminality;
  4. the offender's family situation;
  5. the offender's financial resources;
  6. the financial resources of the juvenile's parent or guardian;
  7. the information concerning the parent or guardian's exercise of supervision and control relevant to commission of the act; and
  8. in any case where the juvenile is charged with an act which if committed by an adult would constitute prostitution in violation of N.J.S.2C:34-1 or any offense which the juvenile alleges is related to the juvenile being a victim of human trafficking, the predisposition report may include any information relevant to the commission of the act.

Information concerning financial resources included in the report shall be made available to any officer authorized to collect payment on any assessment, restitution or fine.

Dispositions

If a juvenile is adjudged delinquent, and except to the extent that an additional specific disposition is required pursuant to subsection e. or f. of this section, the court may order incarceration pursuant to section 25 of P.L.1982, c. 77 (C.2A:4A-44) or any one or more of the following dispositions:

  1. Adjourn formal entry of disposition of the case for a period not to exceed 12 months for the purpose of determining whether the juvenile makes a satisfactory adjustment, and if during the period of continuance the juvenile makes such an adjustment, dismiss the complaint; provided that if the court adjourns formal entry of disposition of delinquency for a violation of an offense defined in chapter 35 or 36 of Title 2C of the New Jersey Statutes the court shall assess the mandatory penalty set forth in N.J.S.2C:35-15 but may waive imposition of the penalty set forth in N.J.S.2C:35-16 for juveniles adjudicated delinquent;
  2. Release the juvenile to the supervision of the juvenile's parent or guardian;
  3. Place the juvenile on probation to the chief probation officer of the county or to any other suitable person who agrees to accept the duty of probation supervision for a period not to exceed three years upon such written conditions as the court deems will aid rehabilitation of the juvenile;
  4. Transfer custody of the juvenile to any relative or other person determined by the court to be qualified to care for the juvenile;
  5. Place the juvenile under the care and responsibility of the Department of Children and Families so that the commissioner may designate a division or organizational unit in the department pursuant to P.L.1951, c. 138 (C.30:4C-1 et seq.) for the purpose of providing services in or out of the home. Within 14 days, unless for good cause shown, but not later than 30 days, the Department of Children and Families shall submit to the court a service plan, which shall be presumed valid, detailing the specifics of any disposition order. The plan shall be developed within the limits of fiscal and other resources available to the department. If the court determines that the service plan is inappropriate, given existing resources, the department may request a hearing on that determination;
  6. Place the juvenile under the care and custody of the Commissioner of Children and Families for the purpose of receiving the services of the Division of Children's System of Care of that department, provided that the juvenile has been determined to be eligible for those services under P.L.1965, c. 59, § 16 (C.30:4-25.4);
  7. Commit the juvenile, pursuant to applicable laws and the Rules of Court governing civil commitment, to the Department of Children and Families under the responsibility of the Division of Children's System of Care for the purpose of placement in a suitable public or private hospital or other residential facility for the treatment of persons who are mentally ill, on the ground that the juvenile is in need of involuntary commitment;
  8. Fine the juvenile an amount not to exceed the maximum provided by law for such a crime or offense if committed by an adult and which is consistent with the juvenile's income or ability to pay and financial responsibility to the juvenile's family, provided that the fine is specially adapted to the rehabilitation of the juvenile or to the deterrence of the type of crime or offense. If the fine is not paid due to financial limitations, the fine may be satisfied by requiring the juvenile to submit to any other appropriate disposition provided for in this section;
  9. Order the juvenile to make restitution to a person or entity who has suffered loss resulting from personal injuries or damage to property as a result of the offense for which the juvenile has been adjudicated delinquent. The court may determine the reasonable amount, terms, and conditions of restitution. If the juvenile participated in the offense with other persons, the participants shall be jointly and severally responsible for the payment of restitution. The court shall not require a juvenile to make full or partial restitution if the juvenile reasonably satisfies the court that the juvenile does not have the means to make restitution and could not reasonably acquire the means to pay restitution;
  10. Order that the juvenile perform community services under the supervision of a probation division or other agency or individual deemed appropriate by the court. Such services shall be compulsory and reasonable in terms of nature and duration. Such services may be performed without compensation, provided that any money earned by the juvenile from the performance of community services may be applied towards any payment of restitution or fine which the court has ordered the juvenile to pay;
  11. Order that the juvenile participate in work programs which are designed to provide job skills and specific employment training to enhance the employability of job participants. Such programs may be without compensation, provided that any money earned by the juvenile from participation in a work program may be applied towards any payment of restitution or fine which the court has ordered the juvenile to pay;
  12. Order that the juvenile participate in programs emphasizing self-reliance, such as intensive outdoor programs teaching survival skills, including but not limited to camping, hiking, and other appropriate activities;
  13. Order that the juvenile participate in a program of academic or vocational education or counseling, such as a youth service bureau, requiring attendance at sessions designed to afford access to opportunities for normal growth and development. This may require attendance after school, evenings, and weekends;
  14. Place the juvenile in a suitable residential or nonresidential program for the treatment of alcohol or narcotic abuse, provided that the juvenile has been determined to be in need of such services;
  15. Order the parent or guardian of the juvenile to participate in appropriate programs or services when the court has found either that such person's omission or conduct was a significant contributing factor towards the commission of the delinquent act, or, under its authority to enforce litigant's rights, that such person's omission or conduct has been a significant contributing factor towards the ineffective implementation of a court order previously entered in relation to the juvenile;
    1. Place the juvenile in a nonresidential program operated by a public or private agency, providing intensive services to juveniles for specified hours, which may include education, counseling to the juvenile and the juvenile's family if appropriate, vocational training, employment counseling, work, or other services;
    2. Place the juvenile under the custody of the Juvenile Justice Commission established pursuant to section 2 of P.L.1995, c. 284 (C.52:17B-170) for placement with any private group home or private residential facility with which the commission has entered into a purchase of service contract;
  16. Instead of or in addition to any disposition made according to this section, the court may postpone, suspend, or revoke for a period not to exceed two years the driver's license, registration certificate, or both of any juvenile who used a motor vehicle in the course of committing an act for which the juvenile was adjudicated delinquent. In imposing this disposition and in deciding the duration of the postponement, suspension, or revocation, the court shall consider the severity of the delinquent act and the potential effect of the loss of driving privileges on the juvenile's ability to be rehabilitated. Any postponement, suspension, or revocation shall be imposed consecutively with any custodial commitment;
  17. Order that the juvenile satisfy any other conditions reasonably related to the rehabilitation of the juvenile;
  18. Order a parent or guardian who has failed or neglected to exercise reasonable supervision or control of a juvenile who has been adjudicated delinquent to make restitution to any person or entity who has suffered a loss as a result of that offense. The court may determine the reasonable amount, terms, and conditions of restitution; or
  19. Place the juvenile, if eligible, in an appropriate juvenile offender program established pursuant to P.L.1997, c. 81 (C.30:8-61 et al.).

If a juvenile is placed on probation or is committed, the order of the court shall have attached thereto a memorandum containing such information as may assist the receiving agency or institution in the treatment of the juvenile. Before a juvenile is committed to a correctional institution a pre-disposition investigation and report or other functional equivalent (such as a Juvenile Intensive Supervision Program (JISP) report or a Violation of Probation summary) shall be made and considered by the court.

Juvenile Conference Committees

Appointment; Jurisdiction. The court may appoint one or more Juvenile Conference Committees for the county. If only one committee is appointed for the entire county, it shall sit at such times and places in the county as it shall determine with a view, wherever feasible, to holding hearings in or near the municipality where the juvenile involved resides. If more than one committee is appointed, each committee shall serve a single municipality or 2 or more adjacent municipalities where feasible and all municipalities so served shall have at least one representative on such committee.

Membership. A committee shall consist of not less than 6 nor more than 9 members. Members of a committee, to the maximum feasible extent, shall represent the various socio-economic, racial and ethnic groups in the community or communities to be served by it. The term of each member appointed to the committee shall be for 3 years, and shall terminate on December 31, provided, however, that appointments shall be made so that the terms of one-third of the members of a committee expire each year. Vacancies shall be filled for the unexpired term.

Duties. The committee shall serve as an arm of the court in hearing and deciding such matters involving alleged juvenile offenders as are specifically referred to it by the court. Its function shall be to set limits upon the behavior of the juvenile offenders before it by expressing, through its disposition of each case, the community disapproval of the behavior with which it deals. It shall be concerned primarily with providing balanced attention to the protection of the community, the imposition of accountability for offenses committed, fostering interaction and dialogue between the offender, victim and community, and the development of competencies to enable the juvenile offender to become a responsible and productive member of the community. In addition, the committee shall be concerned with endeavoring to forestall more serious future misconduct by the juvenile offender before it by obtaining the voluntary cooperation of the juvenile and the juvenile's parents or guardians with its recommendations for disciplinary or corrective action. The committee shall supervise and follow up compliance with its recommendations and keep the court advised thereof.

Appearance; Compliance. No person shall be compelled to appear before, or comply with any recommendations of, a committee. If voluntary appearance or compliance cannot be attained, or if any person interested in a committee proceeding is not satisfied therewith, the matter shall be referred by the committee to the court.

Confidentiality. All matters coming before a committee shall be held in strict confidence and under no circumstances made public. Every committee member shall be duly sworn by the judge to observe the confidential nature of committee proceedings. A committee member, however, when authorized by the entire committee, may publicize in general terms the duties of the committee, the kinds and numbers of cases it hears (without in any way revealing the names or identities of persons involved or the action taken in any specific case), or any community conditions which the committee's work indicates may require correction to prevent future delinquency.

Referees

The judge of the Family Part may with the approval of the Chief Justice appoint a suitable person to act as referee. The recommendations of the referee shall be without effect unless approved by the court and incorporated in an appropriate order or judgment of the court.

Terms of Probation

In addition to any other penalty imposed by the court, any juvenile adjudicated delinquent for an offense which, if committed by an adult, would constitute criminal mischief pursuant to N.J.S. 2C:17-3, attempting to put another in fear of bodily violence pursuant to section 1 of P.L.1981, c. 282 (C. 2C:33-10), or defacement of private property pursuant to section 2 of P.L.1981, c. 282 (C. 2C:33-11), involving an act of graffiti, may be required either to pay to the owner of the damaged property monetary restitution in the amount of pecuniary damage caused by the act of graffiti or to perform community service, which shall include removing the graffiti from the property, if appropriate. If community service is ordered, it shall be for either not less than 20 days or not less than the number of days necessary to remove the graffiti from the property.

Instead of or in addition to any other disposition ordered by the court under section 24 of P.L.1982, c. 77 (C. 2A:4A-43) for an initial act of graffiti committed by a person at least 13 and under 18 years of age, the court, considering the factors provided in paragraph (17) of subsection b. of section 24 of P.L.1983, c. 77 (C. 2A:4A-43), may suspend or postpone for one year that person's right to operate a motor vehicle including a motorized bicycle. In the case of a person who at the time of the imposition of sentence is less than 17 years of age, the period of the suspension of driving privileges authorized herein, including a suspension of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of one year after the day the person reaches the age of 17 years. If the driving privilege of any person is under revocation, suspension, or postponement for a violation of any provision of this Title or Title 39 of the Revised Statutes at the time of any conviction or adjudication of delinquency for a violation of any offense defined in this section, the revocation, suspension, or postponement period imposed herein shall commence as of the date of termination of the existing revocation, suspension, or postponement.

Probation Officers

There shall be established within the Administrative Office of the Courts a “Probation Officer Community Safety Unit.” The “Probation Officer Community Safety Unit” shall consist of no less than 200 probation officers, duly appointed pursuant to the provisions of N.J.S.2A:168-5, who shall be authorized to carry a firearm provided the carrying is in accordance with the authority provided in paragraph (17) of subsection c. of N.J.S.2C:39-6 and such rules as are adopted by the Supreme Court regarding the carrying of a firearm by a probation officer. The probation officer shall undergo a course of law enforcement training as administered by the Police Training Commission which training shall be subject to and in accordance with rules adopted by the Supreme Court. A probation officer in the “Probation Officer Community Safety Unit” shall have the authority to arrest, detain and transport probationers and enforce the criminal laws of this State in accordance with such conditions and guidelines as set forth in rules adopted by the Supreme Court and shall be empowered to enforce warrants for the apprehension and arrest of probationers who violate the conditions of their probation sentence.

A “Probation Officer Community Safety Unit” shall be assigned to every county and consist of no less than five probation officers.

Prior to being permitted to carry a firearm, a probation officer assigned to the “Probation Officer Community Safety Unit” shall take and successfully complete a firearms training course administered by the Police Training Commission, pursuant to P.L.1961, c. 56 (C.52:17B-66 et seq.), and shall annually qualify in the use of a revolver or similar weapon prior to being permitted to carry a firearm.

Any probation officer, duly appointed pursuant to the provisions of N.J.S.2A:168-5, including probation officers assigned to the “Probation Officer Community Safety Unit” established pursuant to section 2 of P.L.2001, c. 362 (C.2B:10A-2), shall undergo a basic course of self-defense training administered by the Police Training Commission which training shall be subject to and in accordance with rules adopted by the Supreme Court.

The Assignment Judge of the Superior Court in each county may appoint a chief probation officer, and, on application of the chief probation officer, such men and women probation officers as may be necessary. Before any order is made by such judge appointing any additional probation officers, a notice of the time and place, when and where such order shall be considered, shall be given to the board of chosen freeholders of the county and they shall be given an opportunity to be heard as to the necessity of such additional probation officers. All probation officers who are to receive salaries shall be appointed in accordance with the rules and regulations of the Civil Service Commission. Orders of appointment shall be in writing and be filed in the office of the county clerk.

Probation officers shall have the powers of constables in the execution of their duties. The duties of probation officers shall be, among others:

  1. To make such investigations and reports under sections 2A:168-31 and 2A:168-13 of this title as may be required by the judge or judges of any court having jurisdiction within the county for which the officer is appointed;
  2. To receive under their supervision, on request of the court having jurisdiction, any person ordered to pay any sum for alimony or support in an order or judgment entered in a matrimonial action;
  3. To receive under supervision any person placed on probation by any court within the county for which the officer is appointed;
  4. To collect from persons under their supervision such payments as may be ordered by the court so to be made, and disburse the money so received under the direction of the court;
  5. To furnish each person under their supervision with a statement of the conditions of his probation and to instruct him regarding them;
  6. To keep detailed records of all the work done;
  7. To keep accurate and complete accounts of all money collected and disbursed, and to give and obtain receipts therefor; and
  8. To make such reports to the courts as they may require.

Funding

Not prescribed in statute.

Fees

Not prescribed in statute.

Additional Resources

New Jersey Courts: Juvenile Supervision Home

New Jersey Courts: Juvenile Intensive Supervision Program

Juvenile Delinquency Proceedings and Your Child

Intensive Supervision Program: Administrative and Regional Offices

Juvenile Justice Commission

Data Collection

Not Available

Citations

N.J.S.A. 9:23-1 et seq. (Interstate Compacts as to Juveniles)

N.J.S.A. 2A:168-5 et seq. (Probation and Parole)

N.J.S.A. 2A:4A-20 et seq. (Code of Juvenile Justice)

N.J.S.A. 2A:4A-70 et seq. (Court Approved Juvenile Services)

R. 5:19-1 et seq. (Juvenile Delinquency Actions)

 New Mexico

NM flag

Responsible Branch

Executive

Organization

Juvenile Probation Officers (JPOs), employed by the New Mexico Children, Youth and Families Department (CYFD): Juvenile Justice Division, work out of 29 local offices.

Purpose

The purpose of the Delinquency Act is:

  1. consistent with the protection of the public interest, to remove from children committing delinquent acts the adult consequences of criminal behavior, but to still hold children committing delinquent acts accountable for their actions to the extent of the child's age, education, mental and physical condition, background and all other relevant factors, and to provide a program of supervision, care and rehabilitation, including rehabilitative restitution by the child to the victims of the child's delinquent act to the extent that the child is reasonably able to do so;
  2. to provide effective deterrents to acts of juvenile delinquency, including an emphasis on community-based alternatives;
  3. to strengthen families and to successfully reintegrate children into homes and communities;
  4. to foster and encourage collaboration between government agencies and communities with regard to juvenile justice policies and procedures;
  5. to develop juvenile justice policies and procedures that are supported by data;
  6. to develop objective risk assessment instruments to be used for admission to juvenile detention centers;
  7. to encourage efficient processing of cases;
  8. to develop community-based alternatives to detention;
  9. to eliminate or reduce disparities based upon race or gender;
  10. to improve conditions of confinement in juvenile detention centers; and
  11. to achieve reductions in the number of warrants issued, the number of probation violations and the number of youth awaiting placements.

Interstate Compact Participant

Yes

Process

Pre-adjudication Evaluation

Prior to the filing of a petition alleging delinquency, probation services shall complete a preliminary inquiry in accordance with the Children's Code.

Consent Decree

Upon a finding that a factual basis exists for the allegations in the petition, or after adjudication, the court may enter a consent decree that places the respondent child under supervision for a period not to exceed six (6) months under conditions approved by the court. As part of a consent decree, the parties may agree to an extension of the consent decree not to exceed an additional six (6) months.

Extension. The children's court attorney may move the court for an order extending the original consent decree for a period not to exceed six (6) months from the expiration of the original decree. The motion for extension shall be filed prior to the expiration of the original decree. If the respondent child objects to the extension, the court shall hold a hearing to determine if the extension is in the best interests of the respondent child and the public.

One Year Limit. A consent decree and any extension may not exceed one (1) year from the date of the entry of the original consent decree.

Revocation of Consent Decree. If, prior to discharge by probation services or the expiration of the consent decree, whichever occurs earlier, the respondent child allegedly fails to fulfill the terms of the decree, the children's court attorney may file a petition to revoke the consent decree. Proceedings on the petition shall be conducted in the same manner as proceedings on petitions to revoke probation.

At any time after the filing of a delinquency petition and before the entry of a judgment, the court may, on motion of the children's court attorney or that of counsel for the child, suspend the proceedings and continue the child under supervision in the child's own home under terms and conditions negotiated with probation services and agreed to by all the parties affected. The court's order continuing the child under supervision under this section shall be known as a “consent decree”. An admission of some or all of the allegations stated in the delinquency petition shall not be required for a consent decree order.

If the child objects to a consent decree, the court shall proceed to findings, adjudication and disposition of the case. If the child does not object but an objection is made by the children's court attorney after consultation with probation services, the court shall, after considering the objections and the reasons given, proceed to determine whether it is appropriate to enter a consent decree and may, in its discretion, enter the consent decree.

A consent decree shall remain in force for six months unless the child is discharged sooner by probation services. Prior to the expiration of the six-month period and upon the application of probation services or any other agency supervising the child under a consent decree, the court may extend the decree for an additional six months in the absence of objection to extension by the child. If the child objects to the extension, the court shall hold a hearing and make a determination on the issue of extension.

If either prior to discharge by probation services or expiration of the consent decree the child allegedly fails to fulfill the terms of the decree, the children's court attorney may file a petition to revoke the consent decree. Proceedings on the petition shall be conducted in the same manner as proceedings on petitions to revoke probation. If the child is found to have violated the terms of the consent decree, the court may:

  1. extend the period of the consent decree; or
  2. make any other disposition that would have been appropriate in the original proceeding.

A child who is discharged by probation services or who completes a period under supervision without reinstatement of the original delinquency petition shall not again be proceeded against in any court for the same offense alleged in the petition or an offense based upon the same conduct and the original petition shall be dismissed with prejudice. Nothing in this subsection precludes a civil suit against the child for damages arising from the child's conduct.

A judge who pursuant to this section elicits or examines information or material about a child that would be inadmissible in a hearing on the allegations of the petition shall not, over the objection of the child, participate in any subsequent proceedings on the delinquency if:

  1. a consent decree is denied and the allegations in the petition remain to be decided in a hearing where the child denies the allegations; or
  2. a consent decree is granted but the delinquency petition is subsequently reinstated.

If a consent decree has been entered pursuant to the filing of a delinquency petition based on Paragraph (2), (3) or (4) of Subsection A of Section 32A-2-3 NMSA 1978 for a child who is fifteen years of age or older, a condition of the consent decree agreement may be the denial of the child's driving privileges or the revocation of the child's driver's license for a period of ninety days. For the second or subsequent adjudication, the child's driving privileges may be denied or the child's driver's license revoked for a period of one year. Within twenty-four hours of the entry by the court of a decree consenting to the revocation or denial of the child's driver's license or driving privileges, the court shall send the decree to the motor vehicle division of the taxation and revenue department. Upon receipt of the decree from the court consenting to the denial or revocation of the child's driving privileges or driver's license, the director of the motor vehicle division of the taxation and revenue department shall revoke or deny the delinquent child's driver's license or driving privileges. Nothing in this section shall prohibit the delinquent child from applying for a limited driving privilege pursuant to Section 66-5-35 NMSA 1978 or an ignition interlock license pursuant to the Ignition Interlock Licensing Act, and nothing in this section precludes the delinquent child's participation in an appropriate educational, counseling or rehabilitation program.

Probation

At the conclusion of the dispositional hearing, the court may enter an order placing the child on probation under terms and conditions as the court may prescribe. An order placing a child on probation shall be substantially in the form approved by the Supreme Court.

Revocation of probation. If the child fails to fulfill the terms or conditions of probation, the children's court attorney may file a petition to revoke probation.

Revocation procedure. Proceedings to revoke probation shall be conducted in the same manner as proceedings on petitions alleging delinquency. The child whose probation is sought to be revoked shall be entitled to all rights that a child alleged to be delinquent is entitled to under law and these rules, except that

  1. no preliminary inquiry shall be conducted;
  2. the hearing on the petition shall be to the court without a jury;
  3. the petition shall be styled as a “Petition to Revoke Probation” and shall state the terms of probation alleged to have been violated and the factual basis for these allegations; and
  4. the petition may be filed any time prior to expiration of the period of probation.

Violation of Probation

A child on probation incident to an adjudication as a delinquent child who violates a term of the probation may be proceeded against in a probation revocation proceeding. A proceeding to revoke probation shall be begun by filing in the original proceeding a petition styled as a “petition to revoke probation”. Petitions to revoke probation shall be screened, reviewed and prepared in the same manner and shall contain the same information as petitions alleging delinquency. Procedures of the Delinquency Act regarding taking into custody and detention shall apply. The petition shall state the terms of probation alleged to have been violated and the factual basis for these allegations.

The standard of proof in probation revocation proceedings shall be evidence beyond a reasonable doubt and the hearings shall be before the court without a jury. In all other respects, proceedings to revoke probation shall be governed by the procedures, rights and duties applicable to proceedings on a delinquency petition. If a child is found to have violated a term of the child's probation, the court may extend the period of probation or make any other judgment or disposition that would have been appropriate in the original disposition of the case.

Misc.

A child may make a motion to modify a children's court or adult disposition within thirty days of the judge's decision. If the court is of the opinion that the matter should be reviewed, it may, upon notice to all necessary parties, proceed to a hearing in the manner provided for hearings on petitions alleging delinquency.

Prior to the expiration of a judgment of probation, the court may extend the judgment for an additional period of one year until the child reaches the age of twenty-one if the court finds that the extension is necessary to protect the community or to safeguard the welfare of the child.

A judgment of probation or protective supervision shall remain in force for an indeterminate period not to exceed the term of commitment from the date entered.

A child shall be released by an agency and probation or supervision shall be terminated by juvenile probation and parole services or the agency providing supervision when it appears that the purpose of the order has been achieved before the expiration of the period of the judgment. A release or termination and the reasons therefor shall be reported promptly to the court in writing by the releasing authority.

After a petition has been filed and either a finding with respect to the allegations of the petition has been made or a notice of intent to admit the allegations of the petition has been filed, the court may direct that a predisposition study and report to the court be made in writing by the department or an appropriate agency designated by the court concerning the child, the family of the child, the environment of the child and any other matters relevant to the need for treatment or to appropriate disposition of the case.

Terms of Probation

If a child is found to be delinquent, the court may impose a fine not to exceed the fine that could be imposed if the child were an adult and may enter its judgment making any of the following dispositions for the supervision, care and rehabilitation of the child: place the child on probation under those conditions and limitations as the court may prescribe;

In addition to any other disposition pursuant to this section or any other penalty provided by law, if a child fifteen years of age or older is adjudicated delinquent on the basis of Paragraph (2), (3) or (4) of Subsection A of Section 32A-2-3 NMSA 1978, the child's driving privileges may be denied or the child's driver's license may be revoked for a period of ninety days. For a second or a subsequent adjudication, the child's driving privileges may be denied or the child's driver's license revoked for a period of one year. Within twenty-four hours of the dispositional judgment, the court may send to the motor vehicle division of the taxation and revenue department the order adjudicating delinquency. Upon receipt of an order from the court adjudicating delinquency, the director of the motor vehicle division of the taxation and revenue department may revoke or deny the delinquent's driver's license or driving privileges. Nothing in this section may prohibit the delinquent from applying for a limited driving privilege pursuant to Section 66-5-35 NMSA 1978 or an ignition interlock license pursuant to the Ignition Interlock Licensing Act, and nothing in this section precludes the delinquent's participation in an appropriate educational, counseling or rehabilitation program.

In addition to any other disposition pursuant to this section or any other penalty provided by law, when a child is adjudicated delinquent on the basis of Paragraph (6) of Subsection A of Section 32A-2-3 NMSA 1978, the child shall perform the mandatory community service set forth in Section 30-15-1.1 NMSA 1978. When a child fails to completely perform the mandatory community service, the name and address of the child's parent or legal guardian shall be published in a newspaper of general circulation, accompanied by a notice that the parent or legal guardian is the parent or legal guardian of a child adjudicated delinquent for committing graffiti.

Probation Officers

A juvenile probation and parole officer does not have the powers of a law enforcement officer. A juvenile probation and parole officer may take into physical custody and place in detention, subject to application of a detention risk assessment instrument, a child who is under supervision as a delinquent child or as a youthful offender when there is reasonable cause to believe that the child has violated the conditions of the child's probation or that the child may leave the jurisdiction of the court. Taking a child into custody under this subsection is subject to and shall proceed in accordance with the provisions of the Delinquency Act relating to custody and detention procedures and criteria.

Funding

The “juvenile adjudication fund” is created in the state treasury to provide an alternative procedure of adjudication for juveniles charged with misdemeanor offenses to help alleviate the docket of the juvenile judicial system. The fund consists of juvenile adjudication fees levied and collected pursuant to Section 66-8-116. 3 NMSA 1978. Money in the fund at the end of a fiscal year shall not revert to any other fund. The department of finance and administration shall administer the fund, and money in the fund is appropriated to the department of finance and administration to administer the fund and to provide an alternative adjudication process for juveniles charged with traffic offenses and other misdemeanors. Money expended to administer the fund shall not exceed five percent of the money credited to the fund in each fiscal year. Disbursements from the fund shall be made by warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary or the secretary's authorized representative.

The “juvenile continuum grant fund” is created as a nonreverting fund in the state treasury. The fund shall be administered by the children, youth and families department and shall consist of appropriations, gifts, grants, donations and bequests made to the fund.

Money in the juvenile continuum grant fund is subject to appropriation by the legislature to the children, youth and families department for awarding grants to juvenile justice continuums for the provision of cost-effective services and temporary, nonsecure alternatives to detention for juveniles arrested or referred to juvenile probation and parole or at a risk of such referral.

The following expenses shall be a charge upon the funds of the court upon their certification by the court:

  1. reasonable compensation for services and related expenses for counsel appointed by the court;
  2. reasonable compensation for services and related expenses of a guardian ad litem or a child's attorney appointed by the court; and
  3. the expenses of service of summonses, notices, subpoenas, traveling expenses of witnesses and other like expenses incurred in any proceeding under the Children's Code.

Fees

The court may order the parent or other person legally obligated to care for and support a child to pay all or part of the costs and expenses pursuant to Subsection A of this section when:

  1. the child has been found to be a delinquent child, a child of a family in need of court-ordered services, an abused or neglected child or a child with a mental illness or a developmental disability;
  2. the parent or other person legally obligated to care for and support a child is given notice and a hearing to determine the parent or person's financial ability to pay the costs and expenses; and
  3. the court finds that the parent or person is able to pay all or part of the costs and expenses.

Additional Resources

New Mexico Children, Youth & Families Department: Probation & Aftercare

Guide to the Court Process

Guide to the Preliminary Inquiry

Data Collection

Not Available

Citations

NMRA, Rule 10-101 et seq. (Children’s Court Rules and Forms)

N.M.S.A. 1978, § 34-16-1 et seq. (Juvenile Adjudication Fund)

N.M.S.A. 1978, § 32A-1-1 et seq. (Children’s Code)

N.M.S.A. 1978, § 9-2A-1 et seq. (Children, Youth and Families Department)

 New York

NY flag

Responsible Branch

Executive

Organization

Local probation services are supported by the office of probation and correctional alternatives within the division of criminal justice services. Additionally, NYC has a department of probation which is responsible for probation services for the following: Bronx, Kings, New York, Queens and Richmond.

Purpose

The purpose of this article is to establish procedures in accordance with due process of law (a) to determine whether a person is a juvenile delinquent and (b) to issue an appropriate order of disposition for any person who is adjudged a juvenile delinquent. In any proceeding under this article, the court shall consider the needs and best interests of the respondent as well as the need for protection of the community.

Interstate Compact Participant

Yes

Process

Adjustment

Except as provided in subdivisions three and four of this section, the probation service may, in accordance with rules of court, adjust suitable cases before a petition is filed. The inability of the respondent or his or her family to make restitution shall not be a factor in a decision to adjust a case or in a recommendation to the presentment agency pursuant to subdivision six of this section. Nothing in this section shall prohibit the probation service or the court from directing a respondent to obtain employment and to make restitution from the earnings from such employment. Nothing in this section shall prohibit the probation service or the court from directing an eligible person to complete an education reform program in accordance with section four hundred fifty-eight-l of the social services law.

The probation service shall not adjust a case in which the child has allegedly committed a designated felony act unless it has received the written approval of the court.

The probation service shall not adjust a case in which the child has allegedly committed a delinquent act which would be a crime defined in section 120.25, (reckless endangerment in the first degree), subdivision one of section 125.15, (manslaughter in the second degree), subdivision one of section 130.25, (rape in the third degree), subdivision one of section 130.40, (criminal sexual act in the third degree), subdivision one or two of section 130.65, (sexual abuse in the first degree), section 135.65, (coercion in the first degree), section 140.20, (burglary in the third degree), section 150.10, (arson in the third degree), section 160.05, (robbery in the third degree), subdivision two, three or four of section 265.02, (criminal possession of a weapon in the third degree), section 265.03, (criminal possession of a weapon in the second degree), or section 265.04, (criminal possession of a dangerous weapon in the first degree) of the penal law where the child has previously had one or more adjustments of a case in which such child allegedly committed an act which would be a crime specified in this subdivision unless it has received written approval from the court and the appropriate presentment agency.

Probation

The court may order a period of probation if the court, having regard for the nature and circumstances of the crime and the history, character and condition of the respondent, is of the opinion that:

  1. placement of respondent is not or may not be necessary;
  2. the respondent is in need of guidance, training or other assistance which can be effectively administered through probation; and
  3. such disposition is consistent with the provisions of subdivision two of section 352.2.

Upon the conclusion of the dispositional hearing, the court shall enter an order of disposition:

  1. conditionally discharging the respondent in accord with section 353.1; or
  2. putting the respondent on probation in accord with section 353.2; or
  3. continuing the proceeding and placing the respondent in accord with section 353; or
  4. placing the respondent in accord with section 353.4; or
  5. continuing the proceeding and placing the respondent under a restrictive placement in accord with section 353.

Pre-Disposition Evaluations

Following a determination that a respondent has committed a designated felony act and prior to the dispositional hearing, the judge shall order a probation investigation and a diagnostic assessment. For the purposes of this article, the probation investigation shall include, but not be limited to, the history of the juvenile including previous conduct, the family situation, any previous psychological and psychiatric reports, school adjustment, previous social assistance provided by voluntary or public agencies and the response of the juvenile to such assistance. For the purposes of this article, the diagnostic assessment shall include, but not be limited to, psychological tests and psychiatric interviews to determine mental capacity and achievement, emotional stability and mental disabilities. It shall include a clinical assessment of the situational factors that may have contributed to the act or acts. When feasible, expert opinion shall be rendered as to the risk presented by the juvenile to others or himself, with a recommendation as to the need for a restrictive placement.

Following a determination that a respondent committed a crime and prior to the dispositional hearing, the court shall order a probation investigation and may order a diagnostic assessment.

Violation/Revocation

If at any time during the period of probation the court has reasonable cause to believe that the respondent has violated a condition of the probation order, it may issue a search order. A search order is an order directed to a probation officer authorizing such officer to search the person of the respondent or any personal property which he owns or which is in his possession.

If at any time during the period of an order of probation or conditional discharge the probation service has reasonable cause to believe that the respondent has violated a condition thereof, it may file a petition of violation.

The court may not revoke an order of probation or conditional discharge unless: (a) the court has found that the respondent has violated a condition of such order; and (b) the respondent has had an opportunity to be heard. The respondent is entitled to a hearing in accordance with this section promptly after a petition of violation has been filed.

Terms of Probation

When ordering a period of probation or a conditional discharge pursuant to section 353.1, the court may, as a condition of such order, require that the respondent:

  1. attend school regularly and obey all rules and regulations of the school;
  2. obey all reasonable commands of the parent or other person legally responsible for the respondent's care;
  3. abstain from visiting designated places or associating with named individuals;
  4. avoid injurious or vicious activities;
  5. co-operate with a mental health, social services or other appropriate community facility or agency to which the respondent is referred;
  6. make restitution or perform services for the public good pursuant to section 353.6, provided the respondent is over ten years of age;
  7. except when the respondent has been assigned to a facility in accordance with subdivision four of section five hundred four of the executive law, in cases wherein the record indicates that the consumption of alcohol by the respondent may have been a contributing factor, attend and complete an alcohol awareness program established pursuant to section 19.25 of the mental hygiene law; and
  8. comply with such other reasonable conditions as the court shall determine to be necessary or appropriate to ameliorate the conduct which gave rise to the filing of the petition or to prevent placement with the commissioner of social services or the division for youth.

When ordering a period of probation, the court may, as a condition of such order, further require that the respondent:

  1. meet with a probation officer when directed to do so by that officer and permit the officer to visit the respondent at home or elsewhere;
  2. permit the probation officer to obtain information from any person or agency from whom respondent is receiving or was directed to receive diagnosis, treatment or counseling;
  3. permit the probation officer to obtain information from the respondent's school;
  4. co-operate with the probation officer in seeking to obtain and in accepting employment, and supply records and reports of earnings to the officer when requested to do so;
  5. obtain permission from the probation officer for any absence from respondent's residence in excess of two weeks; and
  6. with the consent of the division for youth, spend a specified portion of the probation period, not exceeding one year, in a non-secure facility provided by the division for youth pursuant to article nineteen-G of the executive law.

A finding that the respondent committed an additional crime after probation supervision has been ordered and prior to expiration or termination of the period of such order constitutes a ground for revocation of such order irrespective of whether such fact is specified as a condition of such order.

The respondent must be given a written copy of the conditions at the time probation supervision is ordered. A copy of such conditions must be filed with and become part of the record of the case.

The maximum period of probation shall not exceed two years. If the court finds at the conclusion of the original period and after a hearing that exceptional circumstances require an additional year of probation, the court may continue the probation for an additional year.

Probation Officers

The office of probation and correctional alternatives shall conduct training programs for city, county and state probation personnel, prepare and execute programs of information and education to interest persons in the field of probation as a vocation, encourage the development by schools within the state of courses of study in fields related to and bearing upon probation and engage in other activities of an educational or informational nature designed to increase the number of qualified probation personnel and improve the caliber of probation service within the state. In order to effectuate the provisions of this section, the office of probation and correctional alternatives shall be authorized to prepare and disseminate printed materials, utilize media of public information, cooperate with public and private institutions of learning and employ qualified persons as lecturers or consultants on a fee basis to supplement services to be performed by its personnel hereunder. Such fees shall be payable out of funds appropriated for these purposes on the audit and warrant of the comptroller on vouchers certified or approved by the office.

Except as may be otherwise specified in other provisions of law, all salaried probation officers and their supervisors, including the director, of every probation department, agency or service maintained by any county or city shall be in the competitive class of the civil service. No person shall be eligible for appointment as a probation officer or to a position that involves the duty of supervising a probation officer, who is under twenty-one years of age, or who has not had a high school education, or equivalent education, or who is not physically, mentally and morally fitted. Probation officers shall be selected because of definite qualifications as to character, ability and training, and primarily with respect to their capacity for rightly influencing human behavior. The director of any probation department may appoint non-salaried volunteer probation officers, provided they have the qualifications required of salaried officers. The general rules regulating methods and procedures in the administration of probation, as may be adopted from time to time pursuant to section two hundred forty-three of this chapter, may require additional minimum qualifications for probation personnel and shall set forth procedures, not inconsistent with this or other laws, to be followed in appointment of all probation personnel.

Funding

The program of state aid to county probation services shall be administered by the division of criminal justice services with the advice of the state probation commission and the director of the office of probation and correctional alternatives. Funds appropriated to the division for distribution as state aid to county probation services and to the probation services of New York city shall be distributed by the division in accordance with rules and regulations adopted by the commissioner of the division of criminal justice services after consultation with the state probation commission and the director of the office of probation and correctional alternatives.

Fees

Notwithstanding any other provision of law, every county and the city of New York, may adopt a local law requiring individuals currently serving or who shall be sentenced to a period of probation upon conviction of any crime under article thirty-one of the vehicle and traffic law to pay to the local probation department with the responsibility of supervising the probationer an administrative fee of thirty dollars per month. The department shall waive all or part of such fee where, because of the indigence of the offender, the payment of said surcharge would work an unreasonable hardship on the person convicted, his or her immediate family, or any other person who is dependent on such person for financial support.

The provisions of subdivision six of section 420.10 of the criminal procedure law shall govern for purposes of collection of the administrative fee.

The probation administrative fee authorized by this section shall not constitute nor be imposed as a condition of probation.

In the event of non-payment of any fees which have not been waived by the local probation department, the county or the city of New York may seek to enforce payment in any manner permitted by law for enforcement of a debt.

Monies collected pursuant to this section shall be utilized for probation services by the local probation department. Such moneys shall not be considered by the division when determining state aid pursuant to section two hundred forty-six of the executive law. Monies collected shall not be used to replace federal funds otherwise utilized for probation services.

Additional Resources

NYC Probation: AIM Program

NYC Probation: Enhanced Supervision Program (ESP)

NYC Probation: Family Court

NYC Probation: Intensive Community Monitoring

NYC Probation: Organization Chart

NYC Family Court: Juvenile Delinquency

Guide to the Juvenile Justice System for Youth

Administration for Children’s Services: Juvenile Justice Process

Data Collection

NYC Probation: Evaluations

Citations

McKinney’s Family Court Act § 111 et seq. (Family Court Established)

McKinney’s Family Court Act § 301.1 et seq. (Juvenile Delinquency)

McKinney’s Executive Law § 240 et seq. (Office of Probation and Correctional Alternatives)

McKinney’s Executive Law § 255 et seq. (Probation Officers and Related Matters)

McKinney’s Executive Law § 501-e (Interstate Compact for Juveniles)

 North Carolina

NC flag

Responsible Branch

Executive

Organization

Probation services are provided by the Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice within the Department of Public Safety.

Purpose

This Subchapter shall be interpreted and construed so as to implement the following purposes and policies:

  1. To protect the public from acts of delinquency.
  2. To deter delinquency and crime, including patterns of repeat offending:
    1. By providing swift, effective dispositions that emphasize the juvenile offender's accountability for the juvenile's actions; and
    2. By providing appropriate rehabilitative services to juveniles and their families.
  3. To provide an effective system of intake services for the screening and evaluation of complaints and, in appropriate cases, where court intervention is not necessary to ensure public safety, to refer juveniles to community-based resources.
  4. To provide uniform procedures that assure fairness and equity; that protect the constitutional rights of juveniles, parents, and victims; and that encourage the court and others involved with juvenile offenders to proceed with all possible speed in making and implementing determinations required by this Subchapter.

The purpose of dispositions in juvenile actions is to design an appropriate plan to meet the needs of the juvenile and to achieve the objectives of the State in exercising jurisdiction, including the protection of the public. The court should develop a disposition in each case that:

  1. Promotes public safety;
  2. Emphasizes accountability and responsibility of both the parent, guardian, or custodian and the juvenile for the juvenile's conduct; and
  3. Provides the appropriate consequences, treatment, training, and rehabilitation to assist the juvenile toward becoming a nonoffending, responsible, and productive member of the community.

Interstate Compact Participant

Yes

Process

Intake

A law enforcement officer who takes a juvenile into temporary custody should select the most appropriate course of action to the situation, the needs of the juvenile, and the protection of the public safety. The officer may:

  1. Release the juvenile, with or without first counseling the juvenile;
  2. Release the juvenile to the juvenile's parent, guardian, or custodian;
  3. Refer the juvenile to community resources;
  4. Seek a petition; or
  5. Seek a petition and request a custody order.

The chief court counselor, under the direction of the Division, shall establish intake services in each judicial district of the State for all delinquency and undisciplined cases.

The purpose of intake services shall be to determine from available evidence whether there are reasonable grounds to believe the facts alleged are true, to determine whether the facts alleged constitute a delinquent or undisciplined offense within the jurisdiction of the court, to determine whether the facts alleged are sufficiently serious to warrant court action, and to obtain assistance from community resources when court referral is not necessary. The juvenile court counselor shall not engage in field investigations to substantiate complaints or to produce supplementary evidence but may refer complainants to law enforcement agencies for those purposes.

When a complaint is received, the juvenile court counselor shall make a preliminary determination as to whether the juvenile is within the jurisdiction of the court as a delinquent or undisciplined juvenile. If the juvenile court counselor finds that the facts contained in the complaint do not state a case within the jurisdiction of the court, that legal sufficiency has not been established, or that the matters alleged are frivolous, the juvenile court counselor, without further inquiry, shall refuse authorization to file the complaint as a petition.

If a complaint against the juvenile has not been previously received, as determined by the juvenile court counselor, the juvenile court counselor shall make reasonable efforts to meet with the juvenile and the juvenile's parent, guardian, or custodian if the offense is divertable.

When requested by the juvenile court counselor, the prosecutor shall assist in determining the sufficiency of evidence as it affects the quantum of proof and the elements of offenses.

The juvenile court counselor, without further inquiry, shall authorize the complaint to be filed as a petition if the juvenile court counselor finds reasonable grounds to believe that the juvenile has committed one of the following nondivertible offenses:

  1. Murder;
  2. First-degree rape or second degree rape;
  3. First-degree sexual offense or second degree sexual offense;
  4. Arson;
  5. Any violation of Article 5, Chapter 90 of the General Statutes that would constitute a felony if committed by an adult;
  6. First degree burglary;
  7. Crime against nature; or
  8. Any felony which involves the willful infliction of serious bodily injury upon another or which was committed by use of a deadly weapon.

Upon a finding of legal sufficiency, except in cases involving nondivertible offenses set out in G.S. 7B-1701, the juvenile court counselor shall determine whether a complaint should be filed as a petition, the juvenile diverted pursuant to G.S. 7B-1706, or the case resolved without further action. In making the decision, the counselor shall consider criteria provided by the Department and shall conduct a gang assessment for juveniles who are 12 years of age or older. The intake process shall include the following steps if practicable:

  1. Interviews with the complainant and the victim if someone other than the complainant;
  2. Interviews with the juvenile and the juvenile's parent, guardian, or custodian;
  3. Interviews with persons known to have relevant information about the juvenile or the juvenile's family.

Interviews required by this section shall be conducted in person unless it is necessary to conduct them by telephone.

The complainant and the victim have five calendar days, from receipt of the juvenile court counselor's decision not to approve the filing of a petition, to request review by the prosecutor. The juvenile court counselor shall notify the prosecutor immediately of such request and shall transmit to the prosecutor a copy of the complaint. The prosecutor shall notify the complainant, the victim, and the juvenile court counselor of the time and place for the review.

No later than 20 days after the complainant and the victim are notified, the prosecutor shall review the juvenile court counselor's determination that a juvenile petition should not be filed. Review shall include conferences with the complainant, the victim, and the juvenile court counselor. At the conclusion of the review, the prosecutor shall: (i) affirm the decision of the juvenile court counselor or direct the filing of a petition and (ii) notify the complainant and the victim of the prosecutor's action.

Unless the offense is one in which a petition is required by G.S. 7B-1701, upon a finding of legal sufficiency the juvenile court counselor may divert the juvenile pursuant to a diversion plan, which may include referring the juvenile to any of the following resources:

  1. An appropriate public or private resource;
  2. Restitution;
  3. Community service;
  4. Victim-offender mediation;
  5. Regimented physical training;
  6. Counseling;
  7. A teen court program, as set forth in subsection (c) of this section.

Pre-Disposition Evaluation

In any case, the court may order that the juvenile be examined by a physician, psychiatrist, psychologist, or other qualified expert as may be needed for the court to determine the needs of the juvenile. In the case of a juvenile adjudicated delinquent for committing an offense that involves the possession, use, sale, or delivery of alcohol or a controlled substance, the court shall require the juvenile to be tested for the use of controlled substances or alcohol within 30 days of the adjudication. In the case of any juvenile adjudicated delinquent, the court may, if it deems it necessary, require the juvenile to be tested for the use of controlled substances or alcohol. The results of these initial tests conducted pursuant to this subsection shall be used for evaluation and treatment purposes only. In placing a juvenile in out-of-home care under this section, the court shall also consider whether it is in the juvenile's best interest to remain in the juvenile's community of residence.

Upon completion of the examination, the court shall conduct a hearing to determine whether the juvenile is in need of medical, surgical, psychiatric, psychological, or other evaluation or treatment and who should pay the cost of the evaluation or treatment. The county manager, or any other person who is designated by the chair of the board of county commissioners, of the county of the juvenile's residence shall be notified of the hearing, and allowed to be heard. If the court finds the juvenile to be in need of medical, surgical, psychiatric, psychological, or other evaluation or treatment, the court shall permit the parent, guardian, custodian, or other responsible persons to arrange for evaluation or treatment. If the parent, guardian, or custodian declines or is unable to make necessary arrangements, the court may order the needed evaluation or treatment, surgery, or care, and the court may order the parent to pay the cost of the care pursuant to Article 27 of this Chapter. If the court finds the parent is unable to pay the cost of evaluation or treatment, the court shall order the county to arrange for evaluation or treatment of the juvenile and to pay for the cost of the evaluation or treatment. The county department of social services shall recommend the facility that will provide the juvenile with evaluation or treatment.

If the court believes, or if there is evidence presented to the effect that the juvenile has a mental illness or a developmental disability, the court shall refer the juvenile to the area mental health, developmental disabilities, and substance abuse services director for appropriate action. A juvenile shall not be committed directly to a State hospital or State developmental center, and orders purporting to commit a juvenile directly to a State hospital or State developmental center, except for an examination to determine capacity to proceed, are void and of no effect. The area mental health, developmental disabilities, and substance abuse director is responsible for arranging an interdisciplinary evaluation of the juvenile and mobilizing resources to meet the juvenile's needs. If institutionalization is determined to be the best service for the juvenile, admission shall be with the voluntary consent of the parent, guardian, or custodian. If the parent, guardian, or custodian refuses to consent to institutionalization after it is recommended by the area mental health, developmental disabilities, and substance abuse director, the signature and consent of the court may be substituted for that purpose. In all cases in which a regional mental hospital refuses admission to a juvenile referred for admission by the court and an area mental health, developmental disabilities, and substance abuse director or discharges a juvenile previously admitted on court referral prior to completion of the juvenile's treatment, the hospital shall submit to the court a written report setting out the reasons for denial of admission or discharge and setting out the juvenile's diagnosis, indications of mental illness, indications of need for treatment, and a statement as to the location of any facility known to have a treatment program for the juvenile in question.

Disposition

The dispositional hearing may be informal, and the court may consider written reports or other evidence concerning the needs of the juvenile. The court may consider any evidence, including hearsay evidence as defined in G.S. 8C-1, Rule 801, that the court finds to be relevant, reliable, and necessary to determine the needs of the juvenile and the most appropriate disposition.

The juvenile and the juvenile's parent, guardian, or custodian shall have an opportunity to present evidence, and they may advise the court concerning the disposition they believe to be in the best interests of the juvenile.

In choosing among statutorily permissible dispositions, the court shall select the most appropriate disposition both in terms of kind and duration for the delinquent juvenile. Within the guidelines set forth in G.S. 7B-2508, the court shall select a disposition that is designed to protect the public and to meet the needs and best interests of the juvenile, based upon:

  1. The seriousness of the offense;
  2. The need to hold the juvenile accountable;
  3. The importance of protecting the public safety;
  4. The degree of culpability indicated by the circumstances of the particular case; and
  5. The rehabilitative and treatment needs of the juvenile indicated by a risk and needs assessment.

The court may dismiss the case, or continue the case for no more than six months in order to allow the family an opportunity to meet the needs of the juvenile through more adequate home supervision, through placement in a private or specialized school or agency, through placement with a relative, or through some other plan approved by the court.

Offense Classification--The offense classifications are as follows:

  1. Violent--Adjudication of a Class A through E felony offense;
  2. Serious--Adjudication of a Class F through I felony offense or a Class A1 misdemeanor;
  3. Minor--Adjudication of a Class 1, 2, or 3 misdemeanor or adjudication of indirect contempt by a juvenile.

Delinquency History Levels--A delinquency history level shall be determined for each delinquent juvenile as provided in G.S. 7B-2507.

Level 1--Community Disposition.--A court exercising jurisdiction over a juvenile who has been adjudicated delinquent and for whom the dispositional chart in subsection (f) of this section prescribes a Level 1 disposition may provide for evaluation and treatment under G.S. 7B-2502 and for any of the dispositional alternatives contained in subdivisions (1) through (13) and (16) of G.S. 7B-2506. In determining which dispositional alternative is appropriate, the court shall consider the needs of the juvenile as indicated by the risk and needs assessment contained in the predisposition report, the appropriate community resources available to meet those needs, and the protection of the public.

Level 2--Intermediate Disposition.--A court exercising jurisdiction over a juvenile who has been adjudicated delinquent and for whom the dispositional chart in subsection (f) of this section prescribes a Level 2 disposition may provide for evaluation and treatment under G.S. 7B-2502 and for any of the dispositional alternatives contained in subdivisions (1) through (23) of G.S. 7B-2506, but shall provide for at least one of the intermediate dispositions authorized in subdivisions (13) through (23) of G.S. 7B-2506. However, notwithstanding any other provision of this section, a court may impose a Level 3 disposition if the juvenile has previously received a Level 3 disposition in a prior juvenile action. In determining which dispositional alternative is appropriate, the court shall consider the needs of the juvenile as indicated by the risk and needs assessment contained in the predisposition report, the appropriate community resources available to meet those needs, and the protection of the public.

Level 3--Commitment.--A court exercising jurisdiction over a juvenile who has been adjudicated delinquent and for whom the dispositional chart in subsection (f) of this section prescribes a Level 3 disposition shall commit the juvenile to the Division for placement in a youth development center in accordance with G.S. 7B-2506(24). However, a court may impose a Level 2 disposition rather than a Level 3 disposition if the court submits written findings on the record that substantiate extraordinary needs on the part of the offending juvenile.

Dispositions for Each Class of Offense and Delinquency History Level; Disposition Chart Described.--The authorized disposition for each class of offense and delinquency history level is as specified in the chart below. Delinquency history levels are indicated horizontally on the top of the chart. Classes of offense are indicated vertically on the left side of the chart. Each cell on the chart indicates which of the dispositional levels described in subsections (c) through (e) of this section are prescribed for that combination of offense classification and delinquency history level:

OFFENSE

DELINQUENCY HISTORY

LOW

MEDIUM

HIGH

VIOLENT

Level 2 or 3

Level 3

Level 3

SERIOUS

Level 1 or 2

Level 2

Level 2 or 3

MINOR

Level 1

Level 1 or 2

Level 2

 

Notwithstanding subsection (f) of this section, a juvenile who has been adjudicated for a minor offense may be committed to a Level 3 disposition if the juvenile has been adjudicated of four or more prior offenses. For purposes of determining the number of prior offenses under this subsection, each successive offense is one that was committed after adjudication of the preceding offense.

Notwithstanding subsection (f) of this section, if a juvenile is adjudicated for an offense that the court finds beyond a reasonable doubt was committed as part of criminal gang activity as defined in G.S. 7B-2508.1, the juvenile shall receive a disposition one level higher than would otherwise be provided for the class of offense and delinquency history level.

If a juvenile is adjudicated of more than one offense during a session of juvenile court, the court shall consolidate the offenses for disposition and impose a single disposition for the consolidated offenses. The disposition shall be specified for the class of offense and delinquency history level of the most serious offense.

Delinquency History Levels

Generally--The delinquency history level for a delinquent juvenile is determined by calculating the sum of the points assigned to each of the juvenile's prior adjudications or convictions and to the juvenile's probation status, if any, that the court finds to have been proved in accordance with this section. For the purposes of this section, a prior adjudication is an adjudication of an offense that occurs before the adjudication of the offense before the court.

Points--Points are assigned as follows:

  1. For each prior adjudication of a Class A through E felony offense, 4 points.
  2. For each prior adjudication of a Class F through I felony offense or Class A1 misdemeanor offense, 2 points.
  3. For each prior conviction of a Class A through E felony offense, 4 points.
  4. For each prior conviction of a Class F through I felony or Class A1 misdemeanor offense, excluding conviction of the motor vehicle laws, 2 points.
  5. For each prior misdemeanor conviction of impaired driving (G.S. 20-138.1), impaired driving in a commercial vehicle (G.S. 20-138.2), and misdemeanor death by vehicle (G.S. 20-141.4(a2)), 2 points.
  6. For each prior adjudication of a Class 1, 2, or 3 misdemeanor offense, 1 point.
  7. For each prior conviction of a Class 1, 2, or 3 misdemeanor offense, excluding conviction for violation of the motor vehicle laws, 1 point.
  8. If the juvenile was on probation at the time of offense, 2 points.

No points shall be assigned for a prior adjudication that a juvenile is in direct contempt of court or indirect contempt of court.

Delinquency History Levels--The delinquency history levels are:

  1. Low--No more than 1 point.
  2. Medium--At least 2, but not more than 3 points.
  3. High--At least 4 points.

In determining the delinquency history level, the classification of a prior offense is the classification assigned to that offense at the time the juvenile committed the offense for which disposition is being ordered.

Multiple Prior Adjudications or Convictions Obtained in One Court Session--For purposes of determining the delinquency history level, if a juvenile is adjudicated delinquent or convicted for more than one offense in a single session of district court or more than one offense in a single superior court during one calendar week, only the adjudication or conviction for the offense with the highest point total is used.

Classification of Prior Adjudications or Convictions From Other Jurisdictions--Except as otherwise provided in this subsection, an adjudication or conviction occurring in a jurisdiction other than North Carolina is classified as a Class I felony if the jurisdiction in which the offense occurred classifies the offense as a felony, or is classified as a Class 3 misdemeanor if the jurisdiction in which the offense occurred classifies the offense as a misdemeanor. If the juvenile proves by the preponderance of the evidence that an offense classified as a felony in the other jurisdiction is substantially similar to an offense that is a misdemeanor in North Carolina, the adjudication or conviction is treated as that class of misdemeanor for assigning delinquency history level points. If the State proves by the preponderance of the evidence that an offense classified as either a misdemeanor or a felony in the other jurisdiction is substantially similar to an offense in North Carolina that is classified as a Class I felony or higher, the adjudication or conviction is treated as that class of felony for assigning delinquency history level points. If the State proves by the preponderance of the evidence that an offense classified as a misdemeanor in the other jurisdiction is substantially similar to an offense classified as a Class A1 misdemeanor in North Carolina, the adjudication or conviction is treated as a Class A1 misdemeanor for assigning delinquency history level points.

Proof of Prior Adjudications or Convictions--A prior adjudication or conviction shall be proved by any of the following methods:

  1. Stipulation of the parties.
  2. An original or copy of the court record of the prior adjudication or conviction.
  3. A copy of records maintained by the Department of Public Safety or by the Division.
  4. Any other method found by the court to be reliable.

The State bears the burden of proving, by a preponderance of the evidence, that a prior adjudication or conviction exists and that the juvenile before the court is the same person as the juvenile named in the prior adjudication or conviction. The original or a copy of the court records or a copy of the records maintained by the Department of Public Safety or of the Division, bearing the same name as that by which the juvenile is charged, is prima facie evidence that the juvenile named is the same person as the juvenile before the court, and that the facts set out in the record are true. For purposes of this subsection, “a copy” includes a paper writing containing a reproduction of a record maintained electronically on a computer or other data processing equipment, and a document produced by a facsimile machine. The prosecutor shall make all feasible efforts to obtain and present to the court the juvenile's full record. Evidence presented by either party at trial may be utilized to prove prior adjudications or convictions. If asked by the juvenile, the prosecutor shall furnish the juvenile's prior adjudications or convictions to the juvenile within a reasonable time sufficient to allow the juvenile to determine if the record available to the prosecutor is accurate.

The court exercising jurisdiction over a juvenile who has been adjudicated delinquent may use the following alternatives in accordance with the dispositional structure set forth in G.S. 7B-2508:

  1. In the case of any juvenile under the age of 18 years who needs more adequate care or supervision or who needs placement, the judge may do any of the following:
    1. Require that a juvenile be supervised in the juvenile's own home by the department of social services in the juvenile's county, a juvenile court counselor, or other personnel as may be available to the court, subject to conditions applicable to the parent, guardian, or custodian or the juvenile as the judge may specify.
    2. Place the juvenile in the custody of a parent, guardian, custodian, relative, private agency offering placement services, or some other suitable person.
    3. If the director of the county department of social services has received notice and an opportunity to be heard, place the juvenile in the custody of the department of social services in the county of the juvenile's residence, or in the case of a juvenile who has legal residence outside the State, in the physical custody of a department of social services in the county where the juvenile is found so that agency may return the juvenile to the responsible authorities in the juvenile's home state. An order placing a juvenile in the custody or placement responsibility of a county department of social services shall contain a finding that the juvenile's continuation in the juvenile's own home would be contrary to the juvenile's best interest. This placement shall be reviewed in accordance with G.S. 7B-906.1. A parent who is indigent is entitled to court-appointed counsel for representation in the hearings held pursuant to G.S. 7B-906.1 unless the parent makes a knowing and voluntary waiver of the right to counsel.
  2. Excuse a juvenile under the age of 16 years from compliance with the compulsory school attendance law when the court finds that suitable alternative plans can be arranged by the family through other community resources for one of the following:
    1. An education related to the needs or abilities of the juvenile including vocational education or special education;
    2. A suitable plan of supervision or placement; or
    3. Some other plan that the court finds to be in the best interests of the juvenile.
  3. Order the juvenile to cooperate with a community-based program, an intensive substance abuse treatment program, or a residential or nonresidential treatment program. Participation in the programs shall not exceed 12 months.
  4. Require restitution, full or partial, up to five hundred dollars ($500.00), payable within a 12-month period to any person who has suffered loss or damage as a result of the offense committed by the juvenile. The court may determine the amount, terms, and conditions of the restitution. If the juvenile participated with another person or persons, all participants should be jointly and severally responsible for the payment of restitution; however, the court shall not require the juvenile to make restitution if the juvenile satisfies the court that the juvenile does not have, and could not reasonably acquire, the means to make restitution.
  5. Impose a fine related to the seriousness of the juvenile's offense. If the juvenile has the ability to pay the fine, it shall not exceed the maximum fine for the offense if committed by an adult.
  6. Order the juvenile to perform up to 100 hours supervised community service consistent with the juvenile's age, skill, and ability, specifying the nature of the work and the number of hours required. The work shall be related to the seriousness of the juvenile's offense and in no event may the obligation to work exceed 12 months.
  7. Order the juvenile to participate in the victim-offender reconciliation program.
  8. Place the juvenile on probation under the supervision of a juvenile court counselor, as specified in G.S. 7B-2510.
  9. Order that the juvenile shall not be licensed to operate a motor vehicle in the State of North Carolina for as long as the court retains jurisdiction over the juvenile or for any shorter period of time. The clerk of court shall notify the Division of Motor Vehicles of that order.
  10. Impose a curfew upon the juvenile.
  11. Order that the juvenile not associate with specified persons or be in specified places.
  12. Impose confinement on an intermittent basis in an approved detention facility. Confinement shall be limited to not more than five 24-hour periods, the timing and imposition of which is determined by the court in its discretion.
  13. Order the juvenile to cooperate with placement in a wilderness program.
  14. Order the juvenile to cooperate with placement in a residential treatment facility, an intensive nonresidential treatment program, an intensive substance abuse program, or in a group home other than a multipurpose group home operated by a State agency.
  15. Place the juvenile on intensive probation under the supervision of a juvenile court counselor.
  16. Order the juvenile to cooperate with a supervised day program requiring the juvenile to be present at a specified place for all or part of every day or of certain days. In determining whether to order a juvenile to a particular supervised day program, the court shall consider the structure and operations of the program and whether that program will meet the needs of the juvenile. The court also may require the juvenile to comply with any other reasonable conditions specified in the dispositional order that are designed to facilitate supervision.
  17. Order the juvenile to participate in a regimented training program.
  18. Order the juvenile to submit to house arrest.
  19. Suspend imposition of a more severe, statutorily permissible disposition with the provision that the juvenile meet certain conditions agreed to by the juvenile and specified in the dispositional order. The conditions shall not exceed the allowable dispositions for the level under which disposition is being imposed.
  20. Order that the juvenile be confined in an approved juvenile detention facility for a term of up to 14 24-hour periods, which confinement shall not be imposed consecutively with intermittent confinement pursuant to subdivision (12) of this section at the same dispositional hearing. The timing and imposition of this confinement shall be determined by the court in its discretion.
  21. Order the residential placement of a juvenile in a multipurpose group home operated by a State agency.
  22. Require restitution of more than five hundred dollars ($500.00), full or partial, payable within a 12-month period to any person who has suffered loss or damage as a result of an offense committed by the juvenile. The court may determine the amount, terms, and conditions of restitution. If the juvenile participated with another person or persons, all participants should be jointly and severally responsible for the payment of the restitution; however, the court shall not require the juvenile to make restitution if the juvenile satisfies the court that the juvenile does not have, and could not reasonably acquire, the means to make restitution.
  23. Order the juvenile to perform up to 200 hours supervised community service consistent with the juvenile's age, skill, and ability, specifying the nature of work and the number of hours required. The work shall be related to the seriousness of the juvenile's offense.
  24. Commit the juvenile to the Division for placement in a youth development center in accordance with G.S. 7B-2513 for a period of not less than six months.

The following alternatives for disposition shall be available to the court exercising jurisdiction over a juvenile who has been adjudicated undisciplined. In placing a juvenile in out-of-home care under this section, the court shall also consider whether it is in the juvenile's best interest to remain in the juvenile's community of residence. The court may combine any of the applicable alternatives when the court finds it to be in the best interests of the juvenile:

  1. In the case of any juvenile who needs more adequate care or supervision or who needs placement, the judge may do any of the following:
    1. Require that the juvenile be supervised in the juvenile's own home by a department of social services in the juvenile's county of residence, a juvenile court counselor, or other personnel as may be available to the court, subject to conditions applicable to the parent, guardian, or custodian or the juvenile as the judge may specify.
    2. Place the juvenile in the custody of a parent, guardian, custodian, relative, private agency offering placement services, or some other suitable person.
    3. If the director of the department of social services has received notice and an opportunity to be heard, place the juvenile in the custody of a department of social services in the county of the juvenile's residence, or in the case of a juvenile who has legal residence outside the State, in the physical custody of a department of social services in the county where the juvenile is found so that agency may return the juvenile to the responsible authorities in the juvenile's home state. An order placing a juvenile in the custody or placement responsibility of a county department of social services shall contain a finding that the juvenile's continuation in the juvenile's own home would be contrary to the juvenile's best interest. This placement shall be reviewed in accordance with G.S. 7B-906.1. A parent who is indigent is entitled to court-appointed counsel for representation in the hearings held pursuant to G.S. 7B-906.1 unless the parent makes a knowing and voluntary waiver of the right to counsel.
  2. Place the juvenile under the protective supervision of a juvenile court counselor for a period of up to three months, with an extension of an additional three months in the discretion of the court.
  3. Excuse the juvenile from compliance with the compulsory school attendance law when the court finds that suitable alternative plans can be arranged by the family through other community resources for one of the following:
    1. An education related to the needs or abilities of the juvenile including vocational education or special education;
    2. A suitable plan of supervision or placement; or
    3. Some other plan that the court finds to be in the best interests of the juvenile.

Modification

Upon motion in the cause or petition, and after notice, the court may conduct a review hearing to determine whether the order of the court is in the best interests of the juvenile, and the court may modify or vacate the order in light of changes in circumstances or the needs of the juvenile.

In a case of delinquency, the court may reduce the nature or the duration of the disposition on the basis that it was imposed in an illegal manner or is unduly severe with reference to the seriousness of the offense, the culpability of the juvenile, or the dispositions given to juveniles convicted of similar offenses.

In any case where the court finds the juvenile to be delinquent or undisciplined, the jurisdiction of the court to modify any order or disposition made in the case shall continue (i) during the minority of the juvenile, (ii) until the juvenile reaches the age of 19 years if the juvenile has been adjudicated delinquent and committed to the Division for an offense that would be a Class B1, B2, C, D, or E felony if committed by an adult, other than an offense set forth in G.S. 7B-1602(a), (iii) until the juvenile reaches the age of 21 years if the juvenile has been adjudicated delinquent and committed for an offense that would be first-degree murder pursuant to G.S. 14-17, first-degree forcible rape pursuant to G.S. 14-27.21, first-degree statutory rape pursuant to G.S. 14-27.24, first-degree forcible sexual offense pursuant to G.S. 14-27.26, or first-degree statutory sexual offense pursuant to G.S. 14-27.29 if committed by an adult, or (iv) until terminated by order of the court.

At the end of or at any time during probation, the court may terminate probation by written order upon finding that there is no further need for supervision. The finding and order terminating probation may be entered in chambers in the absence of the juvenile and may be based on a report from the juvenile court counselor or, at the election of the court, the order may be entered with the juvenile present after notice and a hearing.

Violation

On motion of the juvenile court counselor or the juvenile, or on the court's own motion, the court may review the progress of any juvenile on protective supervision at any time during the period of protective supervision. When the motion is filed during the period of protective supervision and either alleges a violation of protective supervision or seeks an extension of protective supervision as permitted by G.S. 7B-2503(2), the court's review may occur within a reasonable time after the period of protective supervision ends, and the court shall have jurisdiction to enter an order under this section. The conditions or duration of protective supervision may be modified only as provided in this Subchapter and only after notice and a hearing.

If the court, after notice and a hearing, finds by the greater weight of the evidence that the juvenile has violated the conditions of protective supervision set by the court, the court may do one or more of the following:

  1. Continue or modify the conditions of protective supervision.
  2. Order any disposition authorized by G.S. 7B-2503.
  3. Notwithstanding the time limitation in G.S. 7B-2503(2), extend the period of protective supervision for up to three months.

Terms of Probation

In any case where a juvenile is placed on probation pursuant to G.S. 7B-2506(8), the juvenile court counselor shall have the authority to visit the juvenile where the juvenile resides. The court may impose conditions of probation that are related to the needs of the juvenile and that are reasonably necessary to ensure that the juvenile will lead a law-abiding life, including:

  1. That the juvenile shall remain on good behavior.
  2. That the juvenile shall not violate any laws.
  3. That the juvenile shall not violate any reasonable and lawful rules of a parent, guardian, or custodian.
  4. That the juvenile attend school regularly.
  5. That the juvenile maintain passing grades in up to four courses during each grading period and meet with the juvenile court counselor and a representative of the school to make a plan for how to maintain those passing grades.
  6. That the juvenile not associate with specified persons or be in specified places.
  7. That the juvenile:
    1. Refrain from use or possession of any controlled substance included in any schedule of Article 5 of Chapter 90 of the General Statutes, the Controlled Substances Act;
    2. Refrain from use or possession of any alcoholic beverage regulated under Chapter 18B of the General Statutes; and
    3. Submit to random drug testing.
  8. That the juvenile abide by a prescribed curfew.
  9. That the juvenile submit to a warrantless search at reasonable times.
  10. That the juvenile possess no firearm, explosive device, or other deadly weapon.
  11. That the juvenile report to a juvenile court counselor as often as required by the juvenile court counselor.
  12. That the juvenile make specified financial restitution or pay a fine in accordance with G.S. 7B-2506(4), (5), and (22).
  13. That the juvenile be employed regularly if not attending school.
  14. That the juvenile satisfy any other conditions determined appropriate by the court.

In addition to the regular conditions of probation specified in subsection (a) of this section, the court may, at a dispositional hearing or any subsequent hearing, order the juvenile to comply, if directed to comply by the chief court counselor, with one or more of the following conditions:

  1. Perform up to 20 hours of community service;
  2. Submit to substance abuse monitoring and treatment;
  3. Participate in a life skills or an educational skills program administered by the Division;
  4. Cooperate with electronic monitoring; and
  5. Cooperate with intensive supervision.

However, the court shall not give the chief court counselor discretion to impose the conditions of either subsection (4) or (5) of this section unless the juvenile is subject to Level 2 dispositions pursuant to G.S. 7B-2508 or subsection (d) of this section.

An order of probation shall remain in force for a period not to exceed one year from the date entered. Prior to expiration of an order of probation, the court may extend it for an additional period of one year after notice and a hearing, if the court finds that the extension is necessary to protect the community or to safeguard the welfare of the juvenile. At the discretion of the court, the hearing to determine to extend probation may occur after the expiration of an order of probation at the next regularly scheduled court date or if the juvenile fails to appear in court.

On motion of the juvenile court counselor or the juvenile, or on the court's own motion, the court may review the progress of any juvenile on probation at any time during the period of probation or at the end of probation. The conditions or duration of probation may be modified only as provided in this Subchapter and only after notice and a hearing.

If the court, after notice and a hearing, finds by the greater weight of the evidence that the juvenile has violated the conditions of probation set by the court, the court may continue the original conditions of probation, modify the conditions of probation, or, except as provided in subsection (f) of this section, order a new disposition. In the court's discretion, the court may order a new disposition at the next higher level on the disposition chart or order a term of confinement in a secure juvenile detention facility for up to twice the term authorized by G.S. 7B-2508, in addition to any other Level 2 dispositional option.

A court shall not order a Level 3 disposition for violation of the conditions of probation by a juvenile adjudicated delinquent for an offense classified as minor under G.S. 7B-2508.

The court may place a juvenile on protective supervision pursuant to G.S. 7B-2503 so that the juvenile court counselor may (i) assist the juvenile in securing social, medical, and educational services and (ii) visit and work with the family as a unit to ensure the juvenile is provided proper supervision and care. The court may impose any combination of the following conditions of protective supervision that are related to the needs of the juvenile, including:

  1. That the juvenile shall remain on good behavior and not violate any laws;
  2. That the juvenile attend school regularly;
  3. That the juvenile maintain passing grades in up to four courses during each grading period and meet with the juvenile court counselor and a representative of the school to make a plan for how to maintain those passing grades;
  4. That the juvenile not associate with specified persons or be in specified places;
  5. That the juvenile abide by a prescribed curfew;
  6. That the juvenile report to a juvenile court counselor as often as required by a juvenile court counselor;
  7. That the juvenile be employed regularly if not attending school; and
  8. That the juvenile satisfy any other conditions determined appropriate by the court.

Probation Officers

The chief court counselor in each district appointed under G.S. 143B-806(b)(15) may:

  1. Appoint juvenile court counselors, secretaries, and other personnel authorized by the Section in accordance with the personnel policies adopted by the Section.
  2. Supervise and direct the program of juvenile intake, protective supervision, probation, and post-release supervision within the district.
  3. Provide in-service training for staff as required by the Section.
  4. Keep any records and make any reports requested by the Secretary in order to provide statewide data and information about juvenile needs and services.
  5. Delegate to a juvenile court counselor or supervisor the authority to carry out specified responsibilities of the chief court counselor to facilitate the effective operation of the district.
  6. Designate a juvenile court counselor in the district as acting chief court counselor, to act during the absence or disability of the chief court counselor.

As the court or the chief court counselor may direct or require, all juvenile court counselors shall have the following powers and duties:

  1. Secure or arrange for any information concerning a case that the court may require before, during, or after the hearing.
  2. Prepare written reports for the use of the court.
  3. Appear and testify at court hearings.
  4. Assume custody of a juvenile as authorized by G.S. 7B-1900, or when directed by court order.
  5. Furnish each juvenile on probation or protective supervision and that juvenile's parents, guardian, or custodian with a written statement of the juvenile's conditions of probation or protective supervision, and consult with the juvenile's parents, guardian, or custodian so that they may help the juvenile comply with the conditions.
  6. Keep informed concerning the conduct and progress of any juvenile on probation or under protective supervision through home visits or conferences with the parents or guardian and in other ways.
  7. See that the juvenile complies with the conditions of probation or bring to the attention of the court any juvenile who violates the juvenile's probation.
  8. Make periodic reports to the court concerning the adjustment of any juvenile on probation or under court supervision.
  9. Keep any records of the juvenile's work as the court may require.
  10. Account for all funds collected from juveniles.
  11. Serve necessary court documents pertaining to delinquent and undisciplined juvenile matters.
  12. Assume custody of juveniles under the jurisdiction of the court when necessary for the protection of the public or the juvenile, and when necessary to carry out the responsibilities of juvenile court counselors under this section and under Chapter 7B of the General Statutes.
  13. Use reasonable force and restraint necessary to secure custody assumed under subdivision (12) of this section.
  14. Provide supervision for a juvenile transferred to the counselor's supervision from another court or another state, and provide supervision for any juvenile released from an institution operated by the Section when requested by the Section to do so.
  15. Assist in the implementation of any order entered pursuant to G.S. 5A-32 as directed by a judicial official exercising jurisdiction under that section.
  16. Assist in the development of post-release supervision and the supervision of juveniles.
  17. Screen and evaluate a complaint alleging that a juvenile is delinquent or undisciplined to determine whether the complaint should be filed as a petition.
  18. Have any other duties as the court may direct.
  19. -Have any other duties as the Section may direct.

Funding

Not prescribed in statute.

Fees

At the dispositional hearing or a subsequent hearing, if the court finds that the parent is able to do so, the court may order the parent to:

  1. Pay a reasonable sum that will cover in whole or in part the support of the juvenile. If the court requires the payment of child support, the amount of the payments shall be determined as provided in G.S. 50-13.4;
  2. Pay a fee for probation supervision or residential facility costs;
  3. Assign private insurance coverage to cover medical costs while the juvenile is in secure detention, youth development center, or other out-of-home placement; and
  4. Pay appointed attorneys' fees.

All money paid by a parent pursuant to this section shall be paid into the office of the clerk of superior court.

If the court places a juvenile in the custody of a county department of social services and if the court finds that the parent is unable to pay the cost of the support required by the juvenile, the cost shall be paid by the county department of social services in whose custody the juvenile is placed, provided the juvenile is not receiving care in an institution owned or operated by the State or federal government or any subdivision thereof.

Additional Resources

NC Department of Public Safety (DPS): Juvenile Justice

NCDPS: Juvenile Court Services

NCDPS: Process Flowchart

Division of juvenile Justice: Administrative Rules

Data Collection

NCDPS: Data/Statistics/Reports

Citations

N.C.G.S.A. § 7B-4000 et seq. (Interstate Compact for Juveniles)

N.C.G.S.A. § 7B-1500 et seq. (Undisciplined and Delinquent Juveniles)

N.C.G.S.A. § 143B-600 et seq. (Department of Public Safety)

 North Dakota

ND flag

*North Dakota is expecting to overhaul their juvenile code in the 2021 session. Stay tuned.

Responsible Branch

Judicial

Organization

Local; Juvenile Probation is provided at the local court level

Purpose

If the child is found to be a delinquent child, the court shall make findings and include in the order of disposition any actions or steps necessary to ensure:

  1. The child receives the treatment or rehabilitation the court deems most appropriate;
  2. Accountability to the victim; and
  3. Safety of the community.

Interstate Compact Participant

Yes

Process

Informal Adjustment

Before a petition is filed, the director of juvenile court or other officer of the court designated by it, subject to its direction, may give counsel and advice to the parties and impose conditions for the conduct and control of the child with a view to an informal adjustment if it appears:

  1. The admitted facts bring the case within the jurisdiction of the court;
  2. Counsel, advice, and conditions, if any, for the conduct and control of the child without an adjudication would be in the best interest of the public and the child; and
  3. The child and the child's parents, guardian, or other custodian consent thereto with knowledge that consent is not obligatory.

The giving of counsel and advice and any conditions imposed for the conduct and control of the child cannot extend beyond nine months from the day commenced unless extended by the court for an additional period not to exceed six months and does not authorize the detention of the child if not otherwise permitted by this chapter. If the child admits to driving or being in actual physical control of a vehicle in violation of section 39-08-01 or an equivalent ordinance, the child may be required to pay a fine as a condition imposed under this section.

A petition alleging delinquency or unruliness under this chapter must be reviewed by the director, the court, or other person authorized by the court to determine whether the filing of the petition is in the best interest of the public and the child.

Disposition

If the child is found to be a delinquent child, the court may make any of the following orders of disposition best suited to the child's treatment, rehabilitation, and welfare:

  1. Any order authorized by section 27-20-30 for the disposition of a deprived child;
  2. Placing the child on probation under the supervision of the director, probation officer, or other appropriate officer of the court or the director of the human service zone under conditions and limitations the court prescribes;
  3. Ordering the child to pay a fine if the delinquent act committed by the child constitutes manslaughter resulting from the operation of a motor vehicle in violation of section 12.1-16-02; negligent homicide in violation of section 12.1-16-03; or driving or being in actual physical control of a vehicle in violation of section 39-08-01, or an equivalent ordinance. The court may suspend the imposition of a fine imposed pursuant to this subsection upon such terms and conditions as the court may determine. Fines collected pursuant to this subsection must be paid into the county treasury for disposition pursuant to section 29-27-02.1;
  4. Committing the child to the division of juvenile services or to another state department to which commitment of delinquent or unruly children may be made. When necessary, the commitment order may provide that the child initially be placed in a secure facility;
  5. Ordering the child to make monetary restitution to the victim of the offense or to complete a specified number of hours of community service as determined by the court, or both;
  6. Ordering the periodic testing for the use of illicit drugs or alcohol pursuant to rules or policies adopted by the supreme court; or
  7. Ordering the child's participation in a juvenile drug court program.

Social Study and Report

If the allegations of a petition are admitted by a party or notice of a hearing under section 27-20-34 has been given, the court, prior to the hearing on need for treatment or rehabilitation and disposition, may direct that a social study and report in writing to the court be made by the director or other person designated by the court, concerning the child, the child's family and environment, and other matters relevant to disposition of the case. If the allegations of the petition are not admitted and notice of a hearing under section 27-20-34 has not been given, the court may not direct the making of the study and report until after the court has heard the petition upon notice of hearing given pursuant to this chapter and the court has found that the child committed a delinquent act or is an unruly or deprived child.

Terms of Probation

Driving Privileges

If a juvenile is adjudicated delinquent of an offense that would be a class A misdemeanor or a felony if the offense were committed by an adult, the juvenile court may order the suspension of the juvenile's driving privileges for a period of up to six months for the first offense. For a second or subsequent offense, the juvenile court may order the suspension of the juvenile's driving privileges for up to one year. As a condition to the return of driving privileges, the juvenile court may order the successful completion of an appropriate driver's examination.

Drug Testing

In General. The juvenile court will:

  1. assess the need for drug testing among children and limit the testing to appropriate children;
  2. use drug testing as a dispositional option in both formal and informal proceedings when the testing is reasonably related to the rehabilitation of children in need of chemical dependency treatment;
  3. provide the testing and supervision necessary to deter chemical abuse, unruly and delinquent behavior and to help identify treatment needs of each child;
  4. provide trained staff to conduct the testing.

Formal Adjudication

  1. The juvenile court must determine, by written order, which children will be subject to drug testing. The court may order testing for:
    1. any child found to possess or who is involved with the sale or distribution of illegal drugs;
    2. any child who has two or more alcohol related offenses;
    3. any child with a drug/alcohol problem as determined through his/her own admission, his/her parents' admission or knowledge or suspected use, an alcohol or drug evaluation, or prior involvement in a treatment program;
    4. other cases based on articulated reasons.
  2. The testing techniques, methods, equipment, training, and standards for determining a test to be positive must be approved by the Director of Juvenile Court Services.
  3. The child and the custodial parents, must be informed by the juvenile court of the following:
    1. The child has the right to refuse testing. A refusal will be considered a positive test result for purposes of developing a treatment plan.
    2. A positive test result may not be used to bring a new charge against a child, but may be used to ask for a review hearing for a formal change in the court order.
    3. Observed urine collection must be taken by same gender staff.
    4. Test results may not be released to any person or agency, with the exception of the child, the child's parents, and juvenile court authorities, without the parents' prior written consent, or as required by law.

Informal Adjustment

A juvenile court officer, with the consent of the parties involved, may establish drug and alcohol screening as a condition of an informal adjustment consistent with the procedures and conditions set forth in the formal adjudication process.

Revocation/Termination of Probation

An order granting probation to a child found to be delinquent or unruly may be revoked on the ground that the conditions of probation have not been observed.

Except as provided in subsection 2, the court may terminate an order of disposition or extension prior to its expiration, on or without an application of a party, if it appears to the court that the purposes of the order have been accomplished. If a party may be adversely affected by the order of termination, the order may be made only after reasonable notice and opportunity to be heard have been given to the party.

Except as provided in subsection 1, when the child attains the age of twenty years, all orders affecting the child then in force terminate and the child is discharged from further obligation or control.

Probation Officers

The supreme court may provide for the appointment by administrative and personnel rules of the necessary juvenile court officers, clerical personnel, and other specialized personnel within the limits of legislative appropriations to assist the court in carrying out its juvenile probation and supervisor functions.

Funding

All salaries, per diem, and other compensation payable to juvenile court personnel, all necessary books, forms, stationery, office supplies and equipment, postage, telephone, travel, and other necessary expenses incurred in carrying out the provisions of this chapter must be borne by the state, except for suitable quarters for conducting official business and lights and fuel which must be funded by the county and except as provided by subsection 1 of section 27-20-49.

Fees

Not provided for in statute.

Additional Resources

Juvenile Court

Juvenile Court: Annual Reports

Division of Juvenile Services

Overview of the Juvenile Justice System

Data Collection

Not Available.

Citations

Rule 1, N.D.R.Juv.P. et seq. (Rules of Juvenile Procedure)

NDCC, 27-20-02 et seq. (Uniform Juvenile Court Act)

NDCC, 27-21-00.1 et seq. (Division of Juvenile Services)

NDCC, 12-66-01 et seq. (Interstate Compact for Juveniles)

 Ohio

OH flag

Responsible Branch

Judicial

Organization

Probation services are provided at the local juvenile court level

Purpose

These rules shall be liberally interpreted and construed so as to effectuate the following purposes:

  1. to effect the just determination of every juvenile court proceeding by ensuring the parties a fair hearing and the recognition and enforcement of their constitutional and other legal rights;
  2. to secure simplicity and uniformity in procedure, fairness in administration, and the elimination of unjustifiable expense and delay;
  3. to provide for the care, protection, and mental and physical development of children subject to the jurisdiction of the juvenile court, and to protect the welfare of the community; and
  4. to protect the public interest by treating children as persons in need of supervision, care and rehabilitation. (court rules)

The sections in Chapter 2151. of the Revised Code, with the exception of those sections providing for the criminal prosecution of adults, shall be liberally interpreted and construed so as to effectuate the following purposes:

  1. To provide for the care, protection, and mental and physical development of children subject to Chapter 215 of the Revised Code, whenever possible, in a family environment, separating the child from the child's parents only when necessary for the child's welfare or in the interests of public safety;
  2. To provide judicial procedures through which Chapters 2151. and 215 of the Revised Code are executed and enforced, and in which the parties are assured of a fair hearing, and their constitutional and other legal rights are recognized and enforced. (Juvenile Court – General Provisions)

The overriding purposes for dispositions under this chapter are to provide for the care, protection, and mental and physical development of children subject to this chapter, protect the public interest and safety, hold the offender accountable for the offender's actions, restore the victim, and rehabilitate the offender. These purposes shall be achieved by a system of graduated sanctions and services.

Dispositions under this chapter shall be reasonably calculated to achieve the overriding purposes set forth in this section, commensurate with and not demeaning to the seriousness of the delinquent child's or the juvenile traffic offender's conduct and its impact on the victim, and consistent with dispositions for similar acts committed by similar delinquent children and juvenile traffic offenders. The court shall not base the disposition on the race, ethnic background, gender, or religion of the delinquent child or juvenile traffic offender.

To the extent they do not conflict with this chapter, the provisions of Chapter 2151. of the Revised Code apply to the proceedings under this chapter. (Juvenile Court – Criminal)

Interstate Compact Participant

Yes

Process

In all appropriate cases formal court action should be avoided and other community resources utilized to ameliorate situations brought to the attention of the court.

Terms of Probation

In addition to the dispositions authorized or required under section 2152.20 of the Revised Code and to any costs otherwise authorized or required under any provision of law, the juvenile court making disposition of a child adjudicated a delinquent child for committing an act that would be a drug abuse offense if committed by an adult may order the child to pay to the state, municipal, or county law enforcement agencies that handled the investigation and prosecution all of the costs that the state, municipal corporation, or county reasonably incurred in having tests performed under section 2925.51 of the Revised Code or in any other manner on any substance that was the basis of, or involved in, the delinquent act to determine whether the substance contained any amount of a controlled substance if the results of the tests indicate that the substance tested contained any controlled substance. No court shall order a delinquent child under this section to pay the costs of tests performed on a substance if the results of the tests do not indicate that the substance tested contained any controlled substance.

In addition to any other dispositions authorized or required by this chapter, the juvenile court making disposition of a child adjudicated a delinquent child for committing a violation of section 2909.22, 2909.23, or 2909.24 of the Revised Code or a violation of section 2921.32 of the Revised Code when the offense or act committed by the person aided or to be aided as described in that section is an act of terrorism may order the child to pay to the state, municipal, or county law enforcement agencies that handled the investigation and prosecution all of the costs that the state, municipal corporation, or county reasonably incurred in the investigation and prosecution of the violation. The court shall hold a hearing to determine the amount of costs to be imposed under this section. The court may hold the hearing as part of the dispositional hearing for the child.

If a child is adjudicated a delinquent child for committing a violation of section 2909.23 or 2909.24 of the Revised Code and if any political subdivision incurred any response costs as a result of, or in making any response to, the threat of the specified offense involved in the violation of section 2909.23 of the Revised Code or the actual specified offense involved in the violation of section 2909.24 of the Revised Code, in addition to any other dispositions authorized or required by this chapter, the juvenile court making disposition of the child for the violation may order the child to reimburse the involved political subdivision for the response costs it so incurred.

If a child is adjudicated a delinquent child, the court may make any of the following orders of disposition, in addition to any other disposition authorized or required by this chapter:

  1. Any order that is authorized by section 215353 of the Revised Code for the care and protection of an abused, neglected, or dependent child;
  2. Commit the child to the temporary custody of any school, camp, institution, or other facility operated for the care of delinquent children by the county, by a district organized under section 21541 or 2151.65 of the Revised Code, or by a private agency or organization, within or without the state, that is authorized and qualified to provide the care, treatment, or placement required, including, but not limited to, a school, camp, or facility operated under section 2151.65 of the Revised Code;
  3. Place the child in a detention facility or district detention facility operated under section 2152.41 of the Revised Code, for up to ninety days;
  4. Place the child on community control under any sanctions, services, and conditions that the court prescribes. As a condition of community control in every case and in addition to any other condition that it imposes upon the child, the court shall require the child to abide by the law during the period of community control. As referred to in this division, community control includes, but is not limited to, the following sanctions and conditions:
    1. A period of basic probation supervision in which the child is required to maintain contact with a person appointed to supervise the child in accordance with sanctions imposed by the court;
    2. A period of intensive probation supervision in which the child is required to maintain frequent contact with a person appointed by the court to supervise the child while the child is seeking or maintaining employment and participating in training, education, and treatment programs as the order of disposition;
    3. A period of day reporting in which the child is required each day to report to and leave a center or another approved reporting location at specified times in order to participate in work, education or training, treatment, and other approved programs at the center or outside the center;
    4. A period of community service of up to five hundred hours for an act that would be a felony or a misdemeanor of the first degree if committed by an adult, up to two hundred hours for an act that would be a misdemeanor of the second, third, or fourth degree if committed by an adult, or up to thirty hours for an act that would be a minor misdemeanor if committed by an adult;
    5. A requirement that the child obtain a high school diploma, a certificate of high school equivalence, vocational training, or employment;
    6. A period of drug and alcohol use monitoring;
    7. A requirement of alcohol or drug assessment or counseling, or a period in an alcohol or drug treatment program with a level of security for the child as determined necessary by the court;
    8. A period in which the court orders the child to observe a curfew that may involve daytime or evening hours;
    9. A requirement that the child serve monitored time;
    10. A period of house arrest without electronic monitoring or continuous alcohol monitoring;
    11. A period of electronic monitoring or continuous alcohol monitoring without house arrest, or house arrest with electronic monitoring or continuous alcohol monitoring or both electronic monitoring and continuous alcohol monitoring, that does not exceed the maximum sentence of imprisonment that could be imposed upon an adult who commits the same act. A period of house arrest with electronic monitoring or continuous alcohol monitoring or both electronic monitoring and continuous alcohol monitoring, imposed under this division shall not extend beyond the child's twenty-first birthday. If a court imposes a period of house arrest with electronic monitoring or continuous alcohol monitoring or both electronic monitoring and continuous alcohol monitoring, upon a child under this division, it shall require the child: to remain in the child's home or other specified premises for the entire period of house arrest with electronic monitoring or continuous alcohol monitoring or both except when the court permits the child to leave those premises to go to school or to other specified premises. Regarding electronic monitoring, the court also shall require the child to be monitored by a central system that can determine the child's location at designated times; to report periodically to a person designated by the court; and to enter into a written contract with the court agreeing to comply with all requirements imposed by the court, agreeing to pay any fee imposed by the court for the costs of the house arrest with electronic monitoring, and agreeing to waive the right to receive credit for any time served on house arrest with electronic monitoring toward the period of any other dispositional order imposed upon the child if the child violates any of the requirements of the dispositional order of house arrest with electronic monitoring. The court also may impose other reasonable requirements upon the child. Unless ordered by the court, a child shall not receive credit for any time served on house arrest with electronic monitoring or continuous alcohol monitoring or both toward any other dispositional order imposed upon the child for the act for which was imposed the dispositional order of house arrest with electronic monitoring or continuous alcohol monitoring. As used in this division and division (A)(4)(l) of this section, “continuous alcohol monitoring” has the same meaning as in section 2929.01 of the Revised Code.
      1. A suspension of the driver's license, probationary driver's license, or temporary instruction permit issued to the child for a period of time prescribed by the court, or a suspension of the registration of all motor vehicles registered in the name of the child for a period of time prescribed by the court. A child whose license or permit is so suspended is ineligible for issuance of a license or permit during the period of suspension. At the end of the period of suspension, the child shall not be reissued a license or permit until the child has paid any applicable reinstatement fee and complied with all requirements governing license reinstatement.
  5. Commit the child to the custody of the court;
  6. Require the child to not be absent without legitimate excuse from the public school the child is supposed to attend for thirty or more consecutive hours, forty-two or more hours in one school month, or seventy-two or more hours in a school year;
  7. If a child is adjudicated a delinquent child for violating a court order regarding the child's prior adjudication as an unruly child for being a habitual truant, do either or both of the following:
    1. Require the child to participate in a truancy prevention mediation program;
    2. Make any order of disposition as authorized by this section, except that the court shall not commit the child to a facility described in division (A)(2) or (3) of this section unless the court determines that the child violated a lawful court order made pursuant to division (C)(1)(e) of section 2151.354 of the Revised Code or division (A)(6) of this section.
    1. If a child is adjudicated a delinquent child for violating a court order regarding the child's prior adjudication as an unruly child for being a habitual truant and the court determines that the parent, guardian, or other person having care of the child has failed to cause the child's attendance at school in violation of section 3321.38 of the Revised Code, do either or both of the following:
      1. Require the parent, guardian, or other person having care of the child to participate in a truancy prevention mediation program;
      2. Require the parent, guardian, or other person having care of the child to participate in any community service program, preferably a community service program that requires the involvement of the parent, guardian, or other person having care of the child in the school attended by the child.
  8. Make any further disposition that the court finds proper, except that the child shall not be placed in a state correctional institution, a county, multicounty, or municipal jail or workhouse, or another place in which an adult convicted of a crime, under arrest, or charged with a crime is held.

If a child is adjudicated a delinquent child, in addition to any order of disposition made under division (A) of this section, the court, in the following situations and for the specified periods of time, shall suspend the child's temporary instruction permit, restricted license, probationary driver's license, or nonresident operating privilege, or suspend the child's ability to obtain such a permit:

  1. If the child is adjudicated a delinquent child for violating section 2923.122 of the Revised Code, impose a class four suspension of the child's license, permit, or privilege from the range specified in division (A)(4) of section 4510.02 of the Revised Code or deny the child the issuance of a license or permit in accordance with division (F)(1) of section 2923.122 of the Revised Code.
  2. If the child is adjudicated a delinquent child for committing an act that if committed by an adult would be a drug abuse offense or for violating division (B) of section 2917.11 of the Revised Code, suspend the child's license, permit, or privilege for a period of time prescribed by the court. The court, in its discretion, may terminate the suspension if the child attends and satisfactorily completes a drug abuse or alcohol abuse education, intervention, or treatment program specified by the court. During the time the child is attending a program described in this division, the court shall retain the child's temporary instruction permit, probationary driver's license, or driver's license, and the court shall return the permit or license if it terminates the suspension as described in this division.

The court may establish a victim-offender mediation program in which victims and their offenders meet to discuss the offense and suggest possible restitution. If the court obtains the assent of the victim of the delinquent act committed by the child, the court may require the child to participate in the program.

If a child is adjudicated a delinquent child for committing an act that would be a felony if committed by an adult and if the child caused, attempted to cause, threatened to cause, or created a risk of physical harm to the victim of the act, the court, prior to issuing an order of disposition under this section, shall order the preparation of a victim impact statement by the probation department of the county in which the victim of the act resides, by the court's own probation department, or by a victim assistance program that is operated by the state, a county, a municipal corporation, or another governmental entity. The court shall consider the victim impact statement in determining the order of disposition to issue for the child.

  1. Each victim impact statement shall identify the victim of the act for which the child was adjudicated a delinquent child, itemize any economic loss suffered by the victim as a result of the act, identify any physical injury suffered by the victim as a result of the act and the seriousness and permanence of the injury, identify any change in the victim's personal welfare or familial relationships as a result of the act and any psychological impact experienced by the victim or the victim's family as a result of the act, and contain any other information related to the impact of the act upon the victim that the court requires.
  2. A victim impact statement shall be kept confidential and is not a public record. However, the court may furnish copies of the statement to the department of youth services if the delinquent child is committed to the department or to both the adjudicated delinquent child or the adjudicated delinquent child's counsel and the prosecuting attorney. The copy of a victim impact statement furnished by the court to the department pursuant to this section shall be kept confidential and is not a public record. If an officer is preparing pursuant to section 2947.06 or 2951.03 of the Revised Code or Criminal Rule 32 a presentence investigation report pertaining to a person, the court shall make available to the officer, for use in preparing the report, a copy of any victim impact statement regarding that person. The copies of a victim impact statement that are made available to the adjudicated delinquent child or the adjudicated delinquent child's counsel and the prosecuting attorney pursuant to this division shall be returned to the court by the person to whom they were made available immediately following the imposition of an order of disposition for the child under this chapter. The copy of a victim impact statement that is made available pursuant to this division to an officer preparing a criminal presentence investigation report shall be returned to the court by the officer immediately following its use in preparing the report.
  3. The department of youth services shall work with local probation departments and victim assistance programs to develop a standard victim impact statement.

If a child is adjudicated a delinquent child for violating a court order regarding the child's prior adjudication as an unruly child for being a habitual truant and the court determines that the parent, guardian, or other person having care of the child has failed to cause the child's attendance at school in violation of section 3321.38 of the Revised Code, in addition to any order of disposition it makes under this section, the court shall warn the parent, guardian, or other person having care of the child that any subsequent adjudication with regard to truancy may result in a criminal charge against the parent, guardian, or other person having care of the child for a violation of division (C) of section 2919.21 or section 2919.24 of the Revised Code.

Not later than ten days after a child is adjudicated a delinquent child for violating a court order regarding the child's prior adjudication as an unruly child for being an habitual truant, the court shall provide notice of that fact to the school district in which the child is entitled to attend school and to the school in which the child was enrolled at the time of the filing of the complaint.

During the period of a delinquent child's community control granted under this section, authorized probation officers who are engaged within the scope of their supervisory duties or responsibilities may search, with or without a warrant, the person of the delinquent child, the place of residence of the delinquent child, and a motor vehicle, another item of tangible or intangible personal property, or other real property in which the delinquent child has a right, title, or interest or for which the delinquent child has the express or implied permission of a person with a right, title, or interest to use, occupy, or possess if the probation officers have reasonable grounds to believe that the delinquent child is not abiding by the law or otherwise is not complying with the conditions of the delinquent child's community control. The court that places a delinquent child on community control under this section shall provide the delinquent child with a written notice that informs the delinquent child that authorized probation officers who are engaged within the scope of their supervisory duties or responsibilities may conduct those types of searches during the period of community control if they have reasonable grounds to believe that the delinquent child is not abiding by the law or otherwise is not complying with the conditions of the delinquent child's community control. The court also shall provide the written notice described in division (E)(2) of this section to each parent, guardian, or custodian of the delinquent child who is described in that division.

The court that places a child on community control under this section shall provide the child's parent, guardian, or other custodian with a written notice that informs them that authorized probation officers may conduct searches pursuant to division (E)(1) of this section. The notice shall specifically state that a permissible search might extend to a motor vehicle, another item of tangible or intangible personal property, or a place of residence or other real property in which a notified parent, guardian, or custodian has a right, title, or interest and that the parent, guardian, or custodian expressly or impliedly permits the child to use, occupy, or possess.

If a juvenile court commits a delinquent child to the custody of any person, organization, or entity pursuant to this section and if the delinquent act for which the child is so committed is a sexually oriented offense or is a child-victim oriented offense, the court in the order of disposition shall do one of the following:

  1. Require that the child be provided treatment as described in division (A)(2) of section 5139.13 of the Revised Code;
  2. Inform the person, organization, or entity that it is the preferred course of action in this state that the child be provided treatment as described in division (A)(2) of section 5139.13 of the Revised Code and encourage the person, organization, or entity to provide that treatment.

Probation Officers

Not prescribed by statute.

Funding

Not prescribed by statute.

Fees

If a child is adjudicated a delinquent child or a juvenile traffic offender, the court may order any of the following dispositions, in addition to any other disposition authorized or required by this chapter:

  1. Impose a fine in accordance with the following schedule:
    1. For an act that would be a minor misdemeanor or an unclassified misdemeanor if committed by an adult, a fine not to exceed fifty dollars;
    2. For an act that would be a misdemeanor of the fourth degree if committed by an adult, a fine not to exceed one hundred dollars;
    3. For an act that would be a misdemeanor of the third degree if committed by an adult, a fine not to exceed one hundred fifty dollars;
    4. For an act that would be a misdemeanor of the second degree if committed by an adult, a fine not to exceed two hundred dollars;
    5. For an act that would be a misdemeanor of the first degree if committed by an adult, a fine not to exceed two hundred fifty dollars;
    6. For an act that would be a felony of the fifth degree or an unclassified felony if committed by an adult, a fine not to exceed three hundred dollars;
    7. For an act that would be a felony of the fourth degree if committed by an adult, a fine not to exceed four hundred dollars;
    8. For an act that would be a felony of the third degree if committed by an adult, a fine not to exceed seven hundred fifty dollars;
    9. For an act that would be a felony of the second degree if committed by an adult, a fine not to exceed one thousand dollars;
    10. For an act that would be a felony of the first degree if committed by an adult, a fine not to exceed one thousand five hundred dollars;
    11. For an act that would be aggravated murder or murder if committed by an adult, a fine not to exceed two thousand dollars.
  2. Require the child to pay costs;
  3. Unless the child's delinquent act or juvenile traffic offense would be a minor misdemeanor if committed by an adult or could be disposed of by the juvenile traffic violations bureau serving the court under Traffic Rule 11 if the court has established a juvenile traffic violations bureau, require the child to make restitution to the victim of the child's delinquent act or juvenile traffic offense or, if the victim is deceased, to a survivor of the victim in an amount based upon the victim's economic loss caused by or related to the delinquent act or juvenile traffic offense. The court may not require a child to make restitution pursuant to this division if the child's delinquent act or juvenile traffic offense would be a minor misdemeanor if committed by an adult or could be disposed of by the juvenile traffic violations bureau serving the court under Traffic Rule 13.1 if the court has established a juvenile traffic violations bureau. If the court requires restitution under this division, the restitution shall be made directly to the victim in open court or to the probation department that serves the jurisdiction or the clerk of courts on behalf of the victim. If the court requires restitution under this division, the restitution may be in the form of a cash reimbursement paid in a lump sum or in installments, the performance of repair work to restore any damaged property to its original condition, the performance of a reasonable amount of labor for the victim or survivor of the victim, the performance of community service work, any other form of restitution devised by the court, or any combination of the previously described forms of restitution. If the court requires restitution under this division, the court may base the restitution order on an amount recommended by the victim or survivor of the victim, the delinquent child, the juvenile traffic offender, a presentence investigation report, estimates or receipts indicating the cost of repairing or replacing property, and any other information, provided that the amount the court orders as restitution shall not exceed the amount of the economic loss suffered by the victim as a direct and proximate result of the delinquent act or juvenile traffic offense. If the court decides to order restitution under this division and the amount of the restitution is disputed by the victim or survivor or by the delinquent child or juvenile traffic offender, the court shall hold a hearing on the restitution. If the court requires restitution under this division, the court shall determine, or order the determination of, the amount of restitution to be paid by the delinquent child or juvenile traffic offender. All restitution payments shall be credited against any recovery of economic loss in a civil action brought by or on behalf of the victim against the delinquent child or juvenile traffic offender or the delinquent child's or juvenile traffic offender's parent, guardian, or other custodian. If the court requires restitution under this division, the court may order that the delinquent child or juvenile traffic offender pay a surcharge, in an amount not exceeding five per cent of the amount of restitution otherwise ordered under this division, to the entity responsible for collecting and processing the restitution payments. The victim or the survivor of the victim may request that the prosecuting authority file a motion, or the delinquent child or juvenile traffic offender may file a motion, for modification of the payment terms of any restitution ordered under this division. If the court grants the motion, it may modify the payment terms as it determines appropriate.
  4. Require the child to reimburse any or all of the costs incurred for services or sanctions provided or imposed, including, but not limited to, the following:
    1. All or part of the costs of implementing any community control imposed as a disposition under section 2152.19 of the Revised Code, including a supervision fee;
    2. All or part of the costs of confinement in a residential facility described in section 2152.19 of the Revised Code or in a department of youth services institution, including, but not limited to, a per diem fee for room and board, the costs of medical and dental treatment provided, and the costs of repairing property the delinquent child damaged while so confined. The amount of reimbursement ordered for a child under this division shall not exceed the total amount of reimbursement the child is able to pay as determined at a hearing and shall not exceed the actual cost of the confinement. The court may collect any reimbursement ordered under this division. If the court does not order reimbursement under this division, confinement costs may be assessed pursuant to a repayment policy adopted under section 2929.37 of the Revised Code and division (D) of section 307.93, division (A) of section 341.19, division (C) of section 341.23 or 753.16, division (C) of section 2301.56, or division (B) of section 341.14, 753.02, 753.04, or 2947.19 of the Revised Code.
      1. Chapter 2981. of the Revised Code applies to a child who is adjudicated a delinquent child for violating section 2923.32 or 2923.42 of the Revised Code or for committing an act that, if committed by an adult, would be a felony drug abuse offense.
      1. The court may hold a hearing if necessary to determine whether a child is able to pay a sanction under this section.
      2. If a child who is adjudicated a delinquent child is indigent, the court shall consider imposing a term of community service under division (A) of section 2152.19 of the Revised Code in lieu of imposing a financial sanction under this section. If a child who is adjudicated a delinquent child is not indigent, the court may impose a term of community service under that division in lieu of, or in addition to, imposing a financial sanction under this section. The court may order community service for an act that if committed by an adult would be a minor misdemeanor. If a child fails to pay a financial sanction imposed under this section, the court may impose a term of community service in lieu of the sanction.
      3. The clerk of the court, or another person authorized by law or by the court to collect a financial sanction imposed under this section, may do any of the following:
        1. Enter into contracts with one or more public agencies or private vendors for the collection of the amounts due under the financial sanction, which amounts may include interest from the date of imposition of the financial sanction;
        2. Permit payment of all, or any portion of, the financial sanction in installments, by credit or debit card, by another type of electronic transfer, or by any other reasonable method, within any period of time, and on any terms that the court considers just, except that the maximum time permitted for payment shall not exceed five years. The clerk may pay any fee associated with processing an electronic transfer out of public money and may charge the fee to the delinquent child.
        3. To defray administrative costs, charge a reasonable fee to a child who elects a payment plan rather than a lump sum payment of a financial sanction.

Additional Resources

Not Available

Data Collection

Not Available

Citations

Juv. R. Rule 1 et seq. (Rules of Juvenile Procedure)

R.C. § 2151.01 et seq. (Juvenile Courts – General Provisions)

R.C. § 2152.01 et seq. (Juvenile Courts – Criminal Provisions)

R.C. § 2153.01 et seq. (Cuyahoga County Juvenile Court)

 Oklahoma

OK flag

Responsible Branch

Executive

Organization

The Juvenile Services Unit, a subdivision of the Office of Juvenile (OJA) Community Based Services Division, provides intake, assessment, treatment planning, probation and parole services, supervision as well as reintegration to juveniles in all seventy-seven counties, except for those with duly constituted Juvenile Bureaus. The Juvenile Bureaus are located in Canadian, Comanche, Oklahoma and Tulsa counties. In those four (4) counties, JSU provides parole and reintegration services.

Purpose

The purpose of the laws relating to juveniles alleged or adjudicated to be delinquent is to promote the public safety and reduce juvenile delinquency. This purpose should be pursued through means that are fair and just, that:

  1. Recognize the unique characteristics and needs of juveniles;
  2. Give juveniles access to opportunities for personal and social growth;
  3. Maintain the integrity of substantive law prohibiting certain behavior and developing individual responsibility for lawful behavior;
  4. Provide a system relying upon individualized treatment and best practice for the rehabilitation and reintegration of juvenile delinquents into society;
  5. Preserve and strengthen family ties whenever possible, including improvement of home environment;
  6. Remove a juvenile from the custody of parents if the welfare and safety of the juvenile or the protection of the public would otherwise be endangered;
  7. Secure for any juvenile removed from the custody of parents the necessary treatment, care, guidance and discipline to assist the juvenile in becoming a responsible and productive member of society; and
  8. Provide procedures through which the provisions of the law are executed and enforced and which will assure the parties fair hearings at which their rights as citizens are recognized and protected. (10A Okl. St. Ann. § 2-1-102)

Interstate Compact Participant

Yes

Process

A preadjudicatory substance abuse assessment of a child may be conducted in conjunction with a court intake or preliminary inquiry pursuant to an alleged delinquent act or upon admission to a juvenile detention facility through the use of diagnostic tools including, but not limited to, urinalysis, structured interviews or substance abuse projective testing instruments.

Information gained from the substance abuse assessment pursuant to this subsection shall be used only for substance abuse treatment and for no other purpose. The results shall not be used in any evidentiary or fact-finding hearing in a juvenile proceeding or as the sole basis for the revocation of a community-based placement or participation in a community-based program.

The results of the substance abuse assessment may be given to the intake, probation or parole counselor of the child, the parent or guardian of the child or to the attorney of the child. In accordance with the Juvenile Offender Tracking Program and Section 620.6 of Title 10 of the Oklahoma Statutes, the counselor may also provide the results of the substance abuse assessment to medical personnel, therapists, school personnel or others for use in the treatment and rehabilitation of the child.

The Office of Juvenile Affairs and the juvenile bureaus shall implement:

  1. Use of a uniform court intake risk and needs assessment for children alleged or adjudicated to be delinquent;
  2. The imposition of administrative sanctions for the violation of a condition of probation or parole;
  3. A case management system for ensuring appropriate:
    1. diversion of youth from the juvenile justice system,
    2. services for and supervision of all youth on preadjudicatory or postadjudicatory probation or on parole, and for juvenile offenders in the custody of the Office of Juvenile Affairs, and
    3. intensive supervision of juvenile offenders and communication between law enforcement and juvenile court personnel and others regarding such offenders; and
  4. Guidelines for juvenile court personnel recommendations to district attorneys regarding the disposition of individual cases by district attorneys.

A preliminary inquiry shall be conducted to determine whether the interests of the public or of the child who is within the purview of the Oklahoma Juvenile Code require that further court action be taken. If it is determined by the preliminary inquiry that no further action be taken and if agreed to by the district attorney, the intake worker may make such informal adjustment without a petition.

In the course of the preliminary inquiry, the intake worker shall:

  1. Hold conferences with the child and the parents, guardian or custodian of the child for the purpose of discussing the disposition of the referral made;
  2. Interview such persons as necessary to determine whether the filing of a petition would be in the best interests of the child and the community;
  3. Check existing records of any district court or tribal court, law enforcement agencies, Office of Juvenile Affairs, and Department of Human Services;
  4. Obtain existing mental health, medical and educational records of the child with the consent of the parents, guardian or custodian of the child or by court order; and
  5. Administer any screening and assessment instruments or refer for necessary screening and assessments to assist in the determination of any immediate needs of the child as well as the immediate risks to the community. All screening and assessment instruments shall be uniformly used by all intake workers, including those employed by juvenile bureaus, and shall be instruments specifically prescribed by the Office of Juvenile Affairs.

Upon review of any information presented in the preliminary inquiry, the district attorney may consult with the intake worker to determine whether the interests of the child and the public will be best served by the dismissal of the complaint, the informal adjustment of the complaint, or the filing of a petition.

Informal adjustment may be provided to the child by the intake worker only where the facts reasonably appear to establish prima facie jurisdiction and are admitted and where consent is obtained from the district attorney, the parent of the child, legal guardian, legal custodian, or legal counsel, if any, and the child. The informal adjustment is an agreement whereby the child agrees to fulfill certain conditions in exchange for not having a petition filed against the child. The informal adjustment shall be completed within a period of time not to exceed six (6) months and shall:

  1. Be voluntarily entered into by all parties;
  2. Be revocable by the child at any time by a written revocation;
  3. Be revocable by the intake worker in the event there is reasonable cause to believe the child has failed to carry out the terms of the informal adjustment or has committed a subsequent offense;
  4. Not be used as evidence against the child at any adjudication hearing;
  5. Be executed in writing and expressed in language understandable to the persons involved; and
  6. Become part of the juvenile record of the child.

The informal adjustment agreement under this section may include, among other suitable methods, programs and procedures, the following:

  1. Participation in or referral to counseling, a period of community service, drug or alcohol education or treatment, vocational training or any other legal activity which in the opinion of the intake officer would be beneficial to the child and family of the child;
  2. Require the child to undergo a behavioral health evaluation and, if warranted, undergo appropriate care or treatment;
  3. Restitution providing for monetary payment by the parents or child to the victim who was physically injured or who suffered loss of or damage to property as a result of the conduct alleged. Before setting the amount of restitution, the intake officer shall consult with the victim concerning the amount of damages; or
  4. Informal adjustment projects, programs and services may be provided through public or private agencies.

If the intake worker has reasonable cause to believe that the child has failed to carry out the terms of the adjustment agreement or has committed a subsequent offense, in lieu of revoking the agreement, the intake worker may modify the terms of the agreement and extend the period of the agreement for an additional six (6) months from the date on which the modification was made with the consent of the child or counsel of the child, if any.

If an informal adjustment is agreed to pursuant to subsection D of this section, the informal adjustment agreement may require the child to pay a fee equal to no more than what the court costs would have been had a petition been filed. The child shall remit the fee directly to the agency responsible for the monitoring and supervision of the child. If the supervising agency is a juvenile bureau, then the fee shall be remitted to a revolving fund of the county in which the juvenile bureau is located to be designated the “Juvenile Deferral Fee Revolving Fund” and shall be used by the juvenile bureau to defray costs for the operation of the juvenile bureau. In those counties without juvenile bureaus and in which the Office of Juvenile Affairs or one of their contracting agencies provides the monitoring and supervision of the juvenile, the fee shall be paid directly to the Office of Juvenile Affairs and shall be used to defray the costs for the operation of the Office of Juvenile Affairs.

A court may defer delinquency adjudication proceedings for one hundred eighty (180) days, plus an additional one hundred eighty (180) days as provided in subsection C of this section, if the child:

  1. Is alleged to have committed or attempted to commit a delinquent offense that if committed by an adult would be a misdemeanor or a felony;
  2. Enters into a stipulation that the allegations are true or that sufficient evidence exists to meet the burden of proof required for the court to sustain the allegations of the petition; and
  3. Has not been previously adjudicated a delinquent.

If the child is alleged to have committed or attempted to commit a delinquent offense that if committed by an adult would be a felony, the deferral shall be upon agreement of the district attorney.

During such period of deferral, the court may require the following:

  1. Participation in or referral to counseling, a period of community service, drug or alcohol education or treatment, vocational training or any other legal activity which would be beneficial to the child and the family of the child;
  2. Require the child to undergo a behavioral health evaluation and, if warranted by the mental condition of the child, undergo appropriate care or treatment;
  3. Restitution providing for monetary payment by the parents or child, or both, to the victim who was physically injured or who suffered loss of or damage to property as a result of the conduct alleged;
  4. An alternative diversion program; or
  5. Any other programs and services that may be provided through public or private agencies and as approved by the court.

The court shall dismiss the case with prejudice at the conclusion of the deferral period if the child presents satisfactory evidence that the requirements of the court have been successfully completed. The court may order a one hundred eighty-day extension of the deferral period if the court determines that the child has made satisfactory progress and that such extension is necessary to accomplish treatment goals and objectives.

As used in this section, “alternative diversion program” means a program for juveniles who have been identified by law enforcement personnel, the district attorney, or the court as having committed acts which are not serious enough to warrant adjudication through the juvenile court process, but which do indicate a need for intervention to prevent further development toward juvenile delinquency. The program shall be administered, pursuant to contract with the Office of Juvenile Affairs, by organizations designated as youth services agencies by law.

Within thirty (30) days after adjudication, the person, department or agency responsible for the supervision of the case shall provide a recommendation, based upon the comprehensive assessment and evaluation process, for disposition to the court and counsel. The recommendation shall include, but not be limited to, the child's eligibility for probation, placement in community residential treatment, or commitment with the Office of Juvenile Affairs.

If the recommendation is for probation, an individual treatment and service plan shall be provided to the court and counsel for the parties at the same time as the recommendation provided for in subsection A of this section. If the recommendation is for custody with the Office of Juvenile Affairs or is court-ordered placement in other residential treatment, the individual treatment and service plan shall be provided to the court and counsel for the parties within thirty (30) days after disposition. The plan shall be prepared by the person, department or agency responsible for the supervision of the case or by the legal custodian if the child has been removed from the custody of his or her lawful parent or parents. The treatment and service plan shall be based on a comprehensive assessment and evaluation of the child and family that identifies the priority needs of the child for rehabilitation and treatment and identifies any needs of the parent or legal guardian of the child for services that would improve their ability to provide adequate support, guidance, and supervision of the child. This process should take into account the detention risk assessment decision, the intake preliminary assessment, any comprehensive assessment for substance abuse treatment services, behavioral health services, intellectual disabilities, literary services, and other educational and treatment services as components. The completed assessment process shall result in an individual treatment and service plan which shall include, but not be limited to:

  1. A history of the child and family, including identification of the problems leading to the adjudication;
  2. The eligibility of the child for disposition of probation, placement in community residential treatment, commitment with the Office of Juvenile Affairs and, if appropriate, assignment of a residential commitment level;
  3. Identification of the specific services available to the child to remediate or alleviate the conditions that led to the adjudication, including but not limited to educational, vocational-educational, medical, drug or alcohol abuse treatment or counseling or other treatment services;
  4. Identification of the services to be provided to the parent, legal guardian, legal custodian, stepparent, other adult person living in the home or other family members, to remediate or alleviate the conditions that led to the adjudication, including services needed to assist the family to provide proper care and supervision of the child;
  5. Performance criteria that will measure the progress of the child and family toward completion of the treatment and service plan;
  6. A projected date for the completion of the treatment and service plan; and
  7. The name and business address of the attorney representing the child, if any.

The Office of Juvenile Affairs shall identify the appropriate risk and needs assessment instruments used to develop the recommendations of the individualized treatment and service plan. The juvenile probation counselor shall be responsible for making informed decisions and recommendations to other agencies, the district attorney, and the courts so that the child and family of the child may receive the least restrictive service alternative throughout the court process.

The individual treatment and service plan shall be amended as necessary and appropriate to reflect the disposition of the court. The amended plan shall be filed with the court within thirty (30) days of the order of disposition removing the child from the home and shall state:

  1. The reasons for such placement and a statement as to the unavailability or inappropriateness of local placement, or other good cause, for any placement more than fifty (50) miles from the home of the child;
  2. The services to be provided to the child while in such placement and the projected date of discharge;
  3. The services necessary to assist the child to reintegrate with the family of the child or other community-based placement; and
  4. If the child is age sixteen (16) or older, the services necessary to make the transition from community placement to independent living.

Whenever a child who is subject to the provisions of this section is committed for inpatient mental health or substance abuse treatment pursuant to the Inpatient Mental Health and Substance Abuse Treatment of Minors Act,1 the individual treatment and service plan shall be amended as necessary and appropriate, including but not limited to identification of the treatment and services to be provided to the child and his family upon discharge of the child from inpatient mental health or substance abuse treatment.

Terms of Probation

The following kinds of orders of disposition may be made in respect to children adjudicated in need of supervision or delinquent:

  1. The court may place the child on probation with or without supervision in the home of the child, or in the custody of a suitable person, upon such conditions as the court shall determine. If the child is placed on probation, the court may impose a probation fee of not more than Twenty-five Dollars ($25.00) per month, if the court finds that the child or parent or legal guardian of the child has the ability to pay the fee. In counties having a juvenile bureau, the fee shall be paid to the juvenile bureau; in all other counties, the fee shall be paid to the Office of Juvenile Affairs;
  2. If it is consistent with the welfare of the child, the child shall be placed with the parent or legal guardian of the child, but if it appears to the court that the conduct of such parent, guardian, legal guardian, stepparent or other adult person living in the home has contributed to the child becoming delinquent or in need of supervision, the court may issue a written order specifying conduct to be followed by such parent, guardian, legal custodian, stepparent or other adult person living in the home with respect to such child. The conduct specified shall be such as would reasonably prevent the child from continuing to be delinquent or in need of supervision.
    1. If it is consistent with the welfare of the child, in cases where the child has been adjudicated to be in need of supervision due to repeated absence from school, the court may order counseling and treatment for the child and the parents of the child to be provided by the local school district, the county, the Office or a private individual or entity. Prior to final disposition, the court shall require that it be shown by the appropriate school district that a child found to be truant has been evaluated for learning disabilities, hearing and visual impairments and other impediments which could constitute an educational handicap or has been evaluated to determine whether the child has a disability if it is suspected that the child may require special education services in accordance with the Individuals with Disabilities Education Act (IDEA).1 The results of such tests shall be made available to the court for use by the court in determining the disposition of the case.
    2. In issuing orders to a parent, guardian, legal guardian, stepparent or other adult person living in the home of a child adjudicated to be a delinquent child or in making other disposition of said delinquent child, the court may consider the testimony of said parent, guardian, legal guardian, stepparent or other adult person concerning the behavior of the juvenile and the ability of such person to exercise parental control over the behavior of the juvenile.
    3. In any dispositional order involving a child age sixteen (16) or older, the court shall make a determination, where appropriate, of the services needed to assist the child to make the transition to independent living.
    4. No child who has been adjudicated in need of supervision only upon the basis of truancy or noncompliance with the mandatory school attendance law shall be placed in a public or private institutional facility or be removed from the custody of the lawful parent, guardian or custodian of the chil
    5. Nothing in the Oklahoma Juvenile Code or the Oklahoma Children's Code may be construed to prevent a child from being adjudicated both deprived and delinquent if there exists a factual basis for such a finding;

A willful violation of any provision of an order of the court issued under the provisions of the Oklahoma Juvenile Code shall constitute indirect contempt of court and shall be punishable by a fine not to exceed Three Hundred Dollars ($300.00) or, as to a delinquent child, placement in a juvenile detention center for not more than ten (10) days, or by both such fine and detention.

Probation Officers

Not prescribed in statute.

Funding

Not prescribed in statute.

Fees

Not prescribed in statute.

Additional Resources

Tulsa County District Court: Juvenile Division

Comanche County: Juvenile Bureau

Canadian County: Juvenile Case Managers

Oklahoma County: Probation Services

OJA Community Based Services Division

Data Collection

Not Available.

Citations

10A Okl. St. Ann. § 2-1-101 et seq. (Oklahoma Juvenile Code)

 Oregon

OR flag

Responsible Branch

Executive

Organization

Probation services are organized into County Juvenile Departments; However, the Oregon Youth Authority provides probation services to youth placed in state custody.

Purpose

The Legislative Assembly declares that in delinquency cases, the purposes of the Oregon juvenile justice system from apprehension forward are to protect the public and reduce juvenile delinquency and to provide fair and impartial procedures for the initiation, adjudication and disposition of allegations of delinquent conduct. The system is founded on the principles of personal responsibility, accountability and reformation within the context of public safety and restitution to the victims and to the community. The system shall provide a continuum of services that emphasize prevention of further criminal activity by the use of early and certain sanctions, reformation and rehabilitation programs and swift and decisive intervention in delinquent behavior. The system shall be open and accountable to the people of Oregon and their elected representatives. (O.R.S. § 419C.001(1))

Interstate Compact Participant

Yes

Process

Following a review of a police report and other relevant information, a county juvenile department may refer a youth to an authorized diversion program if the youth is eligible to enter into a formal accountability agreement under ORS 419C.230.

An authorized diversion program may include a youth court, mediation program, crime prevention or chemical substance abuse education program or other program established for the purpose of providing consequences and reformation and preventing future delinquent acts.

An authorized diversion program for a youth who is alleged to have committed an act that is a violation of ORS 813.010 must include an agreement that the youth will not use intoxicants while the youth is participating in the diversion program.

An organization may establish and operate a youth court only with the agreement and cooperation of a county juvenile department. To establish a youth court, the organization and the county juvenile department must enter into a written agreement that:

  1. Describes the types of cases that may be referred to the youth court;
  2. Establishes protocols for handling the cases, including time limits to be observed; and
  3. Establishes data collection and outcome reporting requirements.

A youth court in existence on January 1, 2002, may continue to operate in the form in which it exists on January 1, 2002.

A youth court may be described by other terms including, but not limited to, a peer court, teen court or peer jury.

A formal accountability agreement may be entered into when a youth has been referred to a county juvenile department, and a juvenile department counselor has probable cause to believe that the youth may be found to be within the jurisdiction of the juvenile court for one or more acts specified in ORS 419C.005.

Terms of Probation

In case of failure to comply with any order of the juvenile court, the court may proceed for contempt of court against the person failing to comply.

If a juvenile court finds a youth to be within the jurisdiction of the court under ORS 419C.005 because the youth committed an act that, if committed by an adult, would constitute an offense that is a ground for suspension or revocation of driving privileges upon conviction of the offense, the order of the court finding the youth to be within the jurisdiction of the court constitutes a ground for suspension or revocation of the youth's driving privileges.

A formal accountability agreement may require participation in or referral to counseling, a period of community service, drug or alcohol education or treatment, vocational training or any other legal activity which in the opinion of the counselor would be beneficial to the youth.

A formal accountability agreement may require that the youth make restitution to any person who was physically injured or who suffered loss of or damage to property as a result of the conduct alleged. Before setting the amount of restitution, the juvenile department shall consult with the victim concerning the amount of damage. Restitution does not limit or impair the right of a victim to sue in a civil action for damages suffered, nor shall the fact of consultation by the victim be admissible in such civil action to prove consent or agreement by the victim. However, the court shall credit any restitution paid by the youth to a victim against any judgment in favor of the victim in such civil action.

If a youth enters into a formal accountability agreement under ORS 419C.230, and a juvenile department counselor has probable cause to believe that the youth may be found to be within the jurisdiction of the juvenile court for an act that would be a violation of ORS 167.315, 167.320, 167.322 or 167.333 if done by an adult, the agreement may provide for the youth to undergo psychiatric, psychological or mental health evaluation and, if warranted by the mental condition of the youth, undergo appropriate care or treatment.

A formal accountability agreement shall:

  1. Be completed within a period of time not to exceed one year;
  2. Be voluntarily entered into by all parties;
  3. Be revocable by the youth at any time by a written revocation;
  4. Be revocable by the juvenile department in the event the department has reasonable cause to believe the youth has failed to carry out the terms of the formal accountability agreement or has committed a subsequent offense;
  5. Not be used as evidence against the youth at any adjudicatory hearing;
  6. Be executed in writing and expressed in language understandable to the persons involved;
  7. Be signed by the juvenile department, the youth, the youth's parent or parents or legal guardian, and the youth's counsel, if any; and
  8. Become part of the youth's juvenile department record.

If a formal accountability agreement is revoked pursuant to ORS 419C.239, the juvenile department shall either extend the agreement pursuant to subsection (2) of this section or file a petition with the juvenile court, and an adjudicatory hearing may be held.

If the juvenile department has reasonable cause to believe that the youth has failed to carry out the terms of the formal accountability agreement or has committed a subsequent offense, in lieu of revoking the agreement, the department may modify the terms of the agreement and extend the period of the agreement for an additional six months from the date on which the modification was made with the consent of the youth and the youth's counsel, if any. The period of a formal accountability agreement may be extended only once under this subsection.

When a court determines it would be in the best interest and welfare of a youth offender, the court may place the youth offender on probation. The court may direct that the youth offender remain in the legal custody of the youth offender's parents or other person with whom the youth offender is living, or the court may direct that the youth offender be placed in the legal custody of some relative or some person maintaining a foster home approved by the court, or in a child care center or a youth care center authorized to accept the youth offender.

The court may specify particular requirements to be observed during the probation consistent with recognized juvenile court practice, including but not limited to restrictions on visitation by the youth offender's parents, restrictions on the youth offender's associates, occupation and activities, restrictions on and requirements to be observed by the person having the youth offender's legal custody, requirements for visitation by and consultation with a juvenile counselor or other suitable counselor, requirements to make restitution under ORS 419C.450, requirements of a period of detention under ORS 419C.453, requirements to pay a fine under ORS 419C.459, requirements to pay a supervision fee under ORS 419C.449, requirements to perform community service under ORS 419C.462, or service for the victim under ORS 419C.465, or requirements to submit to blood or buccal testing under ORS 419C.473.

If the youth offender is a sex offender, as defined in ORS 163A.005, the juvenile department shall notify the chief of police, if the youth offender is going to reside within a city, and the county sheriff of the county in which the youth offender is going to reside of the youth offender's release on probation and the requirements imposed on the youth offender's probation under subsection (2) of this section.

The court may, in addition to probation or any other dispositional order, place a youth offender who is at least 12 years of age in the legal custody of the Oregon Youth Authority for care, placement and supervision or, when authorized under subsection (3) of this section, place a youth offender in the legal custody of the Department of Human Services for care, placement and supervision. In any order issued under this section, the court shall include written findings describing why it is in the best interests of the youth offender to be placed with the youth authority or the department.

If the court places a youth offender under subsection (1) of this section, the court may specify the type of care, supervision or services to be provided by the youth authority or the department to youth offenders placed in the youth authority's or department's custody and to the parents or guardians of the youth offenders, but the actual planning and provision of the care, supervision, security or services is the responsibility of the youth authority or the department. The youth authority or the department may place the youth offender in a youth care center or other facility authorized to accept the youth offender.

In any case under ORS 419C.005 the court, notwithstanding ORS 419C.501, may place the youth offender on probation to the court for a period not to exceed five years. However, the period of probation shall not extend beyond the date on which the youth offender becomes 23 years of age.

A parent or legal guardian of a youth offender, if the parent or guardian was served with summons under ORS 419C.300, 419C.303 and 419C.306 prior to the adjudication or at least 10 days prior to disposition, is subject to the jurisdiction of the court for purposes of this section. The court may:

  1. Order the parent or guardian to assist the court in any reasonable manner in providing appropriate education or counseling for the youth offender;
  2. If the youth offender is within the jurisdiction of the court for having committed an act that if committed by an adult would constitute a violation of ORS 166.250, 166.370 or 166.382, require the parent or guardian to pay or cause to be paid all or part of the reasonable costs of any mental health assessment or screening ordered by the court under ORS 419C.109 (3);
  3. If the court orders probation, require the parent or guardian to enter into a contract with the juvenile department in regard to the supervision and implementation of the youth offender's probation; or
  4. If the court orders probation, require the parent or guardian to pay all or a portion of the supervision fee if a supervision fee is imposed under ORS 419C.446 (2).

In all cases in which a youth offender is placed on probation, the juvenile department and the parent or guardian shall develop a plan for supervision of the youth offender. The plan must be reasonably calculated to provide the supervision necessary to prevent further acts of delinquency given the individual circumstances of the youth offender. The court shall review and ratify the plan and make the plan a part of the probation order.

The court may require the parent or guardian to pay a specific sum not to exceed $1,000 for a violation by the parent or guardian of the court's order or the contract under subsection (1)(a) of this section.

The court may not revoke a youth offender's probation solely because of a failure of the youth offender's parent or guardian to comply with an order or a contract under subsection (1)(a) of this section.

Except as provided in ORS 419C.613, 419C.615 and 419C.616, the court may modify or set aside any order made by it upon such notice and with such hearing as the court may direct.

When the court modifies or sets aside an order of jurisdiction based on a petition alleging that a youth offender has committed an act that would constitute a sex crime, as defined in ORS 163A.005, if committed by an adult, the court shall make written findings stating the reason for modifying or setting aside the order.

Probation Officers

Not prescribed in statute.

Funding

The cost of maintaining a juvenile department and all expenditures incidental thereto, including traveling expenses, and necessarily incurred in supplying the immediate necessities of children, wards, youths or youth offenders while committed to the charge of a director or counselor, and all salaries for the personnel of a juvenile department and of any detention facilities maintained in the county, are payable upon the order of the board of county commissioners or county court of the county from county funds budgeted and levied for that purpose in any manner provided by law.

When two or more counties have counselors appointed to serve the counties jointly, each county shall provide funds to pay its share of the costs and expenses of the employment of counselors and maintaining juvenile departments. The method of determining the portion of such costs and expenses each county is to bear must be provided in the agreement made between the counties under ORS 419A.010 (1)(b).

It is declared to be the legislative policy of the State of Oregon to recognize county juvenile courts and departments as a basic foundation for the provision of services to children, wards, youths, youth offenders and their families and, with the limited amount of funds available, to assist counties in financing certain juvenile court-related services on a continuing basis. The purpose of ORS 419A.045 to 419A.048 is to provide basic grants to juvenile departments to assist them in the administration of court services as defined in ORS 3.250.

The Oregon Youth Authority Account is established in the General Fund of the State Treasury. Except for moneys otherwise designated by statute, all fees, assessments and other moneys received by the Oregon Youth Authority shall be paid into the State Treasury and credited to the account. All moneys in the account are appropriated continuously and shall be used by the youth authority for purposes authorized by law.

The youth authority shall keep a record of all moneys deposited in the account. The record shall indicate by separate cumulative accounts the sources from which the moneys are derived and the individual activity or program against which each withdrawal is charged.

The Oregon Youth Authority is authorized to accept gifts, grants and donations from any source to carry out the duties imposed upon the youth authority.

Upon written request of the Oregon Youth Authority, the Oregon Department of Administrative Services shall establish a revolving fund by drawing warrants on amounts appropriated to the Oregon Youth Authority for operating expenses. The revolving fund shall be deposited with the State Treasurer, to be held in a special account against which the Oregon Youth Authority may draw checks.

The revolving fund established under subsection (1) of this section may be used by the Oregon Youth Authority to pay expenses of youth authority operations when it is appropriate to make immediate payments for goods and services, including advance payments of travel expenses or emergency payroll draws.

The revolving fund shall be reimbursed by funds drawn as authorized by law and charged against the appropriate fund or account.

Fees

In determining whether to impose a supervision fee under ORS 419C.446 (2), the court shall consider whether the youth offender or the parent or legal guardian of the youth offender will be able to pay the fee. When a supervision fee is required, the fee shall be determined and fixed by the county juvenile department.

The county shall collect or provide by contract for the collection of the supervision fee from the youth offender or the parent or legal guardian of the youth offender and shall retain the fee to be used by the county for funding of its juvenile department program.

If a youth is found to be within the jurisdiction of the court under ORS 419C.005 by reason of committing an offense or by reason of committing an act that would constitute an offense if committed by an adult, the youth offender is subject to the same fines, including the minimum fines established under ORS 137.286 and 153.021, that are applicable to adults who commit the offense. In determining the amount of the fine, the court shall consider the potential rehabilitative effect of a fine.

Additional Resources

Oregon Youth Authority: Parole and Probation

Data Collection

Not Available

Citations

O.R.S. § 417.010 et seq. (the Interstate Compact for Juveniles)

O.R.S. § 419A.004 et seq. (Juvenile Code)

O.R.S. § 420A.005 et seq. (Oregon Youth Authority)

O.R.S. § 419C.001 et seq. (Juvenile Code: Delinquency)

 Pennsylvania

PA flag

Responsible Branch

Judicial

Organization

Probation services are organized at the local level; However, the Juvenile Court Judges’ Commission may set state-wide policy and standards for probation services.

Purpose

This chapter shall be interpreted and construed as to effectuate the following purposes:

  1. To preserve the unity of the family whenever possible or to provide another alternative permanent family when the unity of the family cannot be maintained.
  2. To provide for the care, protection, safety and wholesome mental and physical development of children coming within the provisions of this chapter.
  3. Consistent with the protection of the public interest, to provide for children committing delinquent acts programs of supervision, care and rehabilitation which provide balanced attention to the protection of the community, the imposition of accountability for offenses committed and the development of competencies to enable children to become responsible and productive members of the community.
  4. To achieve the foregoing purposes in a family environment whenever possible, separating the child from parents only when necessary for his welfare, safety or health or in the interests of public safety, by doing all of the following:
    1. employing evidence-based practices whenever possible and, in the case of a delinquent child, by using the least restrictive intervention that is consistent with the protection of the community, the imposition of accountability for offenses committed and the rehabilitation, supervision and treatment needs of the child; and
    2. imposing confinement only if necessary and for the minimum amount of time that is consistent with the purposes under paragraphs (1), (1.1) and (2).
  5. To provide means through which the provisions of this chapter are executed and enforced and in which the parties are assured a fair hearing and their constitutional and other legal rights recognized and enforced.

Interstate Compact Participant

Yes

Process

General Rule

  1. Before a petition is filed, the probation officer or other officer of the court designated by it, subject to its direction, shall, in the case of a dependent child where the jurisdiction of the court is premised upon the provisions of paragraph (1), (2), (3), (4), (5) or (7) of the definition of “dependent child” in section 6302 (relating to definitions) and if otherwise appropriate, refer the child and his parents to any public or private social agency available for assisting in the matter. Upon referral, the agency shall indicate its willingness to accept the child and shall report back to the referring officer within three months concerning the status of the referral.
  2. Similarly, the probation officer may in the case of a delinquent child, or a dependent child where the jurisdiction of the court is permitted under paragraph (6) of the definition of “dependent child” in section 6302, refer the child and his parents to an agency for assisting in the matter.
  3. The agency may return the referral to the probation officer or other officer for further informal adjustment if it is in the best interests of the child.

Counsel and advice. Such social agencies and the probation officer or other officer of the court may give counsel and advice to the parties with a view to an informal adjustment if it appears:

  1. counsel and advice without an adjudication would be in the best interest of the public and the child;
  2. the child and his parents, guardian, or other custodian consent thereto with knowledge that consent is not obligatory; and
  3. in the case of the probation officer or other officer of the court, the admitted facts bring the case within the jurisdiction of the court.

Limitation on duration of counsel and advice. The giving of counsel and advice by the probation or other officer of the court shall not extend beyond six months from the day commenced unless extended by an order of court for an additional period not to exceed three months.

No detention authorized. Nothing contained in this section shall authorize the detention of the child.

Privileged statements. An incriminating statement made by a participant to the person giving counsel or advice and in the discussions or conferences incident thereto shall not be used against the declarant over objection in any criminal proceeding or hearing under this chapter.

Terms and conditions. The terms and conditions of an informal adjustment may include payment by the child of reasonable amounts of money as costs, fees or restitution, including a supervision fee and contribution to a restitution fund established by the president judge of the court of common pleas pursuant to section 6352(a)(5) (relating to disposition of delinquent child).

General rule. If the allegations of a petition are admitted by a party or notice of hearing under section 6355 (relating to transfer to criminal proceedings) has been given, the court, prior to the hearing on need for treatment or disposition, may direct that a social study and report in writing to the court be made by an officer of the court or other person designated by the court, concerning the child, his family, his environment, and other matters relevant to disposition of the case. If the allegations of the petition are not admitted and notice of a hearing under section 6355 has not been given, the court shall not direct the making of the study and report until after the court has held a hearing on the petition upon notice of hearing given pursuant to this chapter and the court has found that the child committed a delinquent act or is a dependent child.

Physical and mental examinations and treatment. During the pendency of any proceeding the court may order the child to be examined at a suitable place by a physician or psychologist and may also order medical or surgical treatment of a child who is suffering from a serious physical condition or illness which in the opinion of a licensed physician requires prompt treatment, even if the parent, guardian, or other custodian has not been given notice of a hearing, is not available, or without good cause informs the court of his refusal to consent to the treatment.

General rule.--At any time after the filing of a petition and before the entry of an adjudication order, the court may, on motion of the district attorney or of counsel for the child, suspend the proceedings, and continue the child under supervision in his own home, under terms and conditions negotiated with the probation services and agreed to by all parties affected. The order of the court continuing the child under supervision shall be known as a consent decree.

Objection. Where the child or the district attorney objects to a consent decree, the court shall proceed to findings, adjudication and disposition.

Duration of decree. A consent decree shall remain in force for six months unless the child is discharged sooner by probation services with the approval of the court. Upon application of the probation services or other agency supervising the child, made before expiration of the six-month period, a consent decree may be extended by the court for an additional six months.

Terms and conditions. Consistent with the protection of the public interest, the terms and conditions of a consent decree may include payment by the child of reasonable amounts of money as costs, fees or restitution, including a supervision fee and contribution to a restitution fund established by the president judge of the court of common pleas pursuant to section 6352(a)(5) (relating to disposition of delinquent child), and shall, as appropriate to the circumstances of each case, include provisions which provide balanced attention to the protection of the community, accountability for offenses committed and the development of competencies to enable the child to become a responsible and productive member of the community.

Reinstatement of petition. If prior to discharge by the probation services or expiration of the consent decree, a new petition is filed against the child, or the child otherwise fails to fulfill express terms and conditions of the decree, the petition under which the child was continued under supervision may, in the discretion of the district attorney following consultation with the probation services, be reinstated and the child held accountable as if the consent decree had never been entered.

Effect of decree. A child who is discharged by the probation services, or who completes a period of supervision without reinstatement of the original petition, shall not again be proceeded against in any court for the same offense alleged in the petition or an offense based upon the same conduct.

General rule.--If the child is found to be a delinquent child the court may make any of the following orders of disposition determined to be consistent with the protection of the public interest and best suited to the child's treatment, supervision, rehabilitation and welfare, which disposition shall, as appropriate to the individual circumstances of the child's case, provide balanced attention to the protection of the community, the imposition of accountability for offenses committed and the development of competencies to enable the child to become a responsible and productive member of the community:

  1. Any order authorized by section 6351 (relating to disposition of dependent child).
  2. Placing the child on probation under supervision of the probation officer of the court or the court of another state as provided in section 6363 (relating to ordering foreign supervision), under conditions and limitations the court prescribes.
  3. Committing the child to an institution, youth development center, camp, or other facility for delinquent children operated under the direction or supervision of the court or other public authority and approved by the Department of Public Welfare.
  4. If the child is 12 years of age or older, committing the child to an institution operated by the Department of Public Welfare.
  5. Ordering payment by the child of reasonable amounts of money as fines, costs, fees or restitution as deemed appropriate as part of the plan of rehabilitation considering the nature of the acts committed and the earning capacity of the child, including a contribution to a restitution fund. The president judge of the court of common pleas shall establish a restitution fund for the deposit of all contributions to the restitution fund which are received or collected. The president judge of the court of common pleas shall promulgate written guidelines for the administration of the fund. Disbursements from the fund shall be made, subject to the written guidelines and the limitations of this chapter, at the discretion of the president judge and used to reimburse crime victims for financial losses resulting from delinquent acts. For an order made under this subsection, the court shall retain jurisdiction until there has been full compliance with the order or until the delinquent child attains 21 years of age. Any restitution order which remains unpaid at the time the child attains 21 years of age shall continue to be collectible under section 9728 (relating to collection of restitution, reparation, fees, costs, fines and penalties).
  6. An order of the terms of probation may include an appropriate fine considering the nature of the act committed or restitution not in excess of actual damages caused by the child which shall be paid from the earnings of the child received through participation in a constructive program of service or education acceptable to the victim and the court whereby, during the course of such service, the child shall be paid not less than the minimum wage of this Commonwealth. In ordering such service, the court shall take into consideration the age, physical and mental capacity of the child and the service shall be designed to impress upon the child a sense of responsibility for the injuries caused to the person or property of another. The order of the court shall be limited in duration consistent with the limitations in section 6353 (relating to limitation on and change in place of commitment) and in the act of May 13, 1915 (P.L. 286, No. 177), known as the Child Labor Law.1 The court order shall specify the nature of the work, the number of hours to be spent performing the assigned tasks, and shall further specify that as part of a plan of treatment and rehabilitation that up to 75% of the earnings of the child be used for restitution in order to provide positive reinforcement for the work performed.

In selecting from the alternatives set forth in this section, the court shall follow the general principle that the disposition imposed should provide the means through which the provisions of this chapter are executed and enforced consistent with section 6301(b) (relating to purposes) and when confinement is necessary, the court shall impose the minimum amount of confinement that is consistent with the protection of the public and the rehabilitation needs of the child.

Terms of Probation

Not prescribed in statute.

Probation Officers

For the purpose of carrying out the objectives and purposes of this chapter, and subject to the limitations of this chapter or imposed by the court, a probation officer shall:

  1. Make investigations, reports, and recommendations to the court.
  2. Receive and examine complaints and charges of delinquency or dependency of a child for the purpose of considering the commencement of proceedings under this chapter.
  3. Supervise and assist a child placed on probation or in his protective supervision or care by order of the court or other authority of law.
  4. Make appropriate referrals to other private or public agencies of the community if their assistance appears to be needed or desirable.
  5. Take into custody and detain a child who is under his supervision or care as a delinquent or dependent child if the probation officer has reasonable cause to believe that the health or safety of the child is in imminent danger, or that he may abscond or be removed from the jurisdiction of the court, or when ordered by the court pursuant to this chapter or that he violated the conditions of his probation.
  6. Perform all other functions designated by this chapter or by order of the court pursuant thereto.

Authority to search

  1. Probation officers may search the person and property of children:
    1. under their supervision as delinquent children or pursuant to a consent decree in accordance with this section;
    2. taken into custody pursuant to subsection (a) and section 6324 (relating to taking into custody); and
    3. detained pursuant to subsection (a) and section 6325 (relating to detention of child) or during the intake process pursuant to subsection (a) and section 6331 (relating to release from detention or commencement of proceedings) and in accordance with this section.
  2. Nothing in this section shall be construed to permit searches or seizures in violation of the Constitution of the United States or section 8 of Article I of the Constitution of Pennsylvania.
  3. No violation of this section shall constitute an independent ground for suppression of evidence in any proceeding.
  4. A personal search of a child may be conducted by any probation officer:
    1. If there is a reasonable suspicion to believe that the child possesses contraband or other evidence of violations of the conditions of supervision.
    2. When a child is transported or taken into custody.
    3. When a child enters or leaves a detention center, institution or other facility for alleged or adjudicated delinquent children.
  5. A property search may be conducted by any probation officer if there is reasonable suspicion to believe that the real or other property in the possession of or under the control of the child contains contraband or other evidence of violations of the conditions of supervision.
  6. Prior approval of a supervisor shall be obtained for a property search absent exigent circumstances or unless the search is being conducted by a supervisor. No prior approval shall be required for a personal search.
  7. A written report of every property search conducted without prior approval shall be prepared by the probation officer who conducted the search and filed in the child's case record. The exigent circumstances shall be stated in the report.
  8. The child may be detained if he is present during a property search. If the child is not present during a property search, the probation officer in charge of the search shall make a reasonable effort to provide the child with notice of the search, including a list of the items seized, after the search is completed.
  9. The existence of reasonable suspicion to search shall be determined in accordance with constitutional search and seizure provisions as applied by judicial decision. In accordance with that case law, the following factors, where applicable, may be taken into account:
    1. The observations of officers.
    2. Information provided by others.
    3. The activities of the child.
    4. Information provided by the chil
    5. The experience of the probation officer with the child.
    6. The experience of probation officers in similar circumstances.
    7. The prior delinquent and supervisory history of the offender.
    8. The need to verify compliance with the conditions of supervision.

If a child has been placed on probation or protective supervision by a juvenile court of another state which has adopted the Uniform Juvenile Court Act or a substantially similar law which includes provisions corresponding to this section, and the child is in this Commonwealth with or without the permission of that court, the probation officer of that court or other person designated by that court to supervise or take custody of the child has all the powers and privileges in this Commonwealth with respect to the child as given by this chapter to like officers or persons of this Commonwealth including the right of visitation, counseling, control, and direction, taking into custody, and returning to that state.

Funding

Not prescribed in statute.

Fees

Not prescribed in statute.

Additional Resources

Pennsylvania Council of Chief Juvenile Probation Officers

A Family Guide to Pennsylvania’s Juvenile Justice System

York County Juvenile Probation

Chester County Juvenile Probation

Cumberland County Juvenile Probation

Montgomery County Juvenile Probation

Bucks County Juvenile Probation

Data Collection

Not Available

Citations

42 Pa. C. S. A. § 6301 et seq. (Juvenile Matters)

11 P.S. § 890.1 et seq. (Interstate Compact for Juveniles Act)

 Rhode Island

RI flag

Responsible Branch

Executive

Organization

Probation services are organized at the state level under the Department of Children, Youth and Families, Division of Juvenile Correctional Services: Probation and Parole.

Purpose

The purpose of this chapter is:

  1. To secure for each child under its jurisdiction the care, guidance, and control, preferably in his or her own home, that will serve the child's welfare and the best interests of the state;
  2. To conserve and strengthen the child's family ties wherever possible, removing him or her from the custody of his or her parents only when his or her welfare or the safety and protection of the public cannot be adequately safeguarded without that removal; and
  3. When a child is removed from his or her own family, to secure for him or her custody, care, and discipline as nearly as possible equivalent to that which should have been given by his or her parents.

Interstate Compact Participant

Yes

Process

There is created in the department of children, youth, and families, the youth diversion program, a community-based program providing outreach and advocacy services to youth between the ages of nine (9) and seventeen (17), who may be the subject of a family court petition or at risk for committing wayward or disobedient acts including truancy, running away, and violation of school rules. Referrals to the youth diversionary program shall be served for a maximum of ninety (90) days and include, but are not limited to, the following services:

  1. An assessment of the needs of the child and family;
  2. Development of a plan and provision of services to include educational and vocational support services and employment linkages;
  3. Counseling;
  4. Family mediation;
  5. Crisis intervention;
  6. Advocacy on the child's behalf with schools, police, employment resources and other community agencies;
  7. Short-term respite limited to three (3) days during crisis periods; and
  8. Follow-up and after-care services as needed.

In considering competitive proposals to establish local programs, the department will give priority to agencies that:

  1. Are part of a municipal government or nonprofit, local-based agencies;
  2. Have established a local advisory board representative of local government, police, schools, and youth-serving agencies;
  3. Locate in communities that have a juvenile-arrest rate that exceeds the most recently available statewide average juvenile-arrest rate;
  4. Collaborate with surrounding communities where the juvenile population may be too small to require a full-time program; and
  5. Coordinate with other youth-serving agencies and programs in the local community.

Prior to a hearing on a petition alleging a first offense wayward or disobedient act as defined above, the family court shall ensure that a referral has been made to the appropriate local youth diversion program. A report by that program shall be submitted to the court at least one week prior to the adjudication hearing. The report shall identify the problems in the family, services provided, progress, and outcomes of the services, and recommendations for future intervention. The report shall become a part of the record and be used by the family court in disposing of the petition.

Within the family court there shall be established an intake department. Its duties shall be to receive applications and complaints relative to juvenile matters presented to the court, to provide for a thorough investigation of the applications and complaints, and to report thereon to the court before formal petition is filed. The intake department shall perform such other duties as shall be assigned to it by the court.

Except in the case of an emergency detention, a petition shall upon submission to the court be referred to the Intake Department for preliminary investigation to determine whether the facts are legally sufficient to bring the child within the jurisdiction of the court and, if so, to determine whether the interests of the public or of the child require that further action be taken. The inquiry may include a preliminary investigation of the home and environmental situation of the child, the child's previous history, and the circumstances which were the subject of the petition. The report of any public agency, or of any private social agency licensed by the Department of Children, Youth, and Families, may be accepted by the court for the court's consideration.

Except in case of emergency detention, whenever any appropriate person shall give to the court information in his or her possession that a child is within the provisions of this chapter, it shall be the duty of the court to make a preliminary investigation to determine whether the interests of the public or of the child require that further action be taken, and to report its findings together with a statement of the facts to the judge. The inquiry may include a preliminary investigation of the home and environmental situation of the child, his or her previous history, and the circumstances which were the subject of the information. To avoid duplication of effort and to take full advantage of all existing facilities, the report of any public agency, or of any private social agency licensed by the department of children, youth, and families, may be accepted by the court as sufficient evidence for the filing of a petition.

Terms of Probation

If the court finds that a child is delinquent or wayward, the court may order, upon any term the court determines, that:

  1. The child be placed on probation or under supervision in the child's own home or in the home of a relative or other suitable person;
  2. The child be placed in the custody of the Director of the Department of Children, Youth, and Families;
  3. The child be placed under the care, custody, and control of the Superintendent of the Rhode Island Training School;
  4. The child be placed in any other facility licensed or approved by another department of state government;
  5. The child, the child's parent, guardian, or other lawful custodian make appropriate and immediate monetary restitution to the owner of damaged property if the court finds that:
    1. A child is delinquent or wayward for any offense which has caused damage to the property of another; and
    2. The child, the child's parent, parents, guardian, or other lawful custodian has the ability to pay restitution;
  6. The child engage in community restitution or service in addition to or in lieu of the restitution referred to in subsection (a)(5) of this rule, for a period of time to be determined by the court and at a location to be determined or approved by the court; or
  7. The parent of the child is to undertake a program of counseling designed to attempt to remedy the conditions which led to the child coming before the court.

Finding of a Violation of Controlled Substances Act. Without limiting the foregoing, if the court finds that a child is delinquent or wayward for any violation of the Rhode Island Controlled Substances Act, Chapter 28 of Title 21, the court may order the child, the child's parent, guardian, or other lawful custodian to participate in a program of counseling designed to attempt to remedy the conditions which led to the child coming before the court.

Adjudication of Truancy. After an adjudication of truancy, the court may enter a valid court order requiring the child inter alia to attend school and cooperate, follow, and comply with all of the reasonable rules and regulations of the school and make any other order deemed appropriate by the court.

Filing of a Petition. Prior to a finding that a child is delinquent or wayward, the court may place the petition on file for a period of one (1) year or less and may attach conditions to the petition. The conditions shall be a valid court order. If following the filing no action is taken on the petition, the petition shall be dismissed by the court.

Driving Privileges. If a child is found delinquent or wayward after a hearing on the record, the court may deny, revoke, suspend, or reinstate a child's driving privileges including both the learning license and the driver's license. At the hearing, the court will consider any need of the child or the child's family for the child to have a driver's license, the relative benefits of the child retaining or losing driving privileges, and whether any circumstances in the school environment or educational services are adversely affecting the child's school attendance.

Whenever the court places a child on probation, the court may do so upon any terms and conditions, not inconsistent with law, that the court may deem best for the welfare of the child, but unless otherwise ordered by the court, a probation counselor may make any arrangements for the care of the child that he or she may deem best for its welfare, and may release the child in the care of its parent, guardian, or other lawful custodian, or in the care of any relative of the child. If a child has been placed on probation as provided in this chapter, the probation counselor may at any time before the discharge of the child take the child before the court without a warrant, or the court may issue a warrant to bring the child before the family court. When the child is before the court, the court may make any disposition of the case which it might have made before the child was placed on probation, or may continue or extend the period of probation.

At the end of the probation period of a child, the probation counselor shall make a report to the court, in writing, as to the conduct of the child during that period.

If, at any time during a child's probationary term, the child is charged with an additional and subsequent delinquency offense, which if committed by an adult would be considered a felony, the probation counselor shall file a petition in the family court alleging that the child has violated probation.

If, at any time during a child's probationary term the child is charged with an additional and subsequent wayward/disobedient or status offense, the probation counselor may file a petition in the family court alleging that the child has violated probation.

If the court finds that a child is delinquent, by reason of having violated any provision of chapter 28 of title 21 or is wayward in accordance with § 14-1-3(9)(i) -- (9)(v), the court, in addition to any other penalty or punishment imposed, may prepare and send to the division of motor vehicles, within twenty-four (24) hours of the determination of delinquency or waywardness, an order of denial or an order of revocation of the driving privileges of the child found delinquent or wayward and/or may require the child to perform up to one hundred (100) hours of community restitution.

The court may review the order and may withdraw the order at any time the court deems appropriate, except the court may not withdraw an order for a period of ninety (90) days following issuance of the order.

If a child fails to make court ordered restitution, within the time period provided for in an order of the court, a judge may prepare and send to the division of motor vehicles an order of revocation of the driving privileges of the child. The judge may order the revocation to be in effect until the child complies with the order to make restitution.

Probation Officers

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Funding

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Fees

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Additional Resources

Department of Children, Youth & Families, Division of Juvenile Corrective Services

Juvenile Correctional Services Policies

Data Collection

Not Available.

Citations

R. Juv. P., Rule 1 et seq. (Rhode Island Rules for Juvenile Proceedings)

Gen. Laws 1956, § 8-10-1 et seq. (Family Court)

Gen. Laws 1956, § 14-6.1-1 et seq. (The Interstate Compact for Juveniles)

Gen. Laws 1956, § 14-6.2-1 et seq. (Interstate Compact for Juveniles)

Gen. Laws 1956, § 14-1-1 et seq. (Proceeding in Family Court)

Gen. Laws 1956, § 42-72-1 et seq. (Department of Children, Youth and Families)

 South Carolina

SC flag

Responsible Branch

Executive

Organization

State; Probation services are provided by the Department of Juvenile Justice: Division of Community Services.

Purpose

A children's policy is hereby established for this State.

This policy shall be interpreted in conjunction with all relevant laws and regulations and shall apply to all children who have need of services including, but not limited to, those mentally, socially, emotionally, physically, developmentally, culturally, educationally or economically disadvantaged or handicapped, those dependent, neglected, abused or exploited and those who by their circumstance or action violate the laws of this State and are found to be in need of treatment or rehabilitation.

It shall be the policy of this State to concentrate on the prevention of children's problems as the most important strategy which can be planned and implemented on behalf of children and their families. The State shall encourage community involvement in the provision of children's services including, as an integral part, local government, public and private voluntary groups, public and private nonprofit groups and private-for-profit groups in order to encourage and provide innovative strategies for children's services. To maximize resources in providing services to children in need, all agencies providing services to children shall develop methods to coordinate their services and resources. For children with multiple needs, the furtherance of this policy requires all children's services agencies to recognize that their jurisdiction in meeting these children's needs is not mutually exclusive.

When children or their families request help, state and local government resources shall be utilized to compliment community efforts to help meet the needs of children by aiding in the prevention and resolution of their problems. The State shall direct its efforts first to strengthen and encourage family life as the most appropriate environment for the care and nurturing of children. To this end, the State shall assist and encourage families to utilize all available resources. For children in need of services, care and guidance the State shall secure those services as are needed to serve the emotional, mental and physical welfare of children and the best interests of the community, preferably in their homes or the least restrictive environment possible. When children must be placed in care away from their homes, the State shall insure that they are protected against any harmful effects resulting from the temporary or permanent inability of parents to provide care and protection for their children. It is the policy of this State to reunite the child with his family in a timely manner, whether or not the child has been placed in the care of the State voluntarily. When children must be permanently removed from their homes, they shall be placed in adoptive homes so that they may become members of a family by legal adoption or, absent that possibility, other permanent settings.

The children's policy provided for in this chapter shall be implemented through the cooperative efforts of state, county and municipal legislative, judicial and executive branches, as well as other public and private resources. Where resources are limited, services shall be targeted to those children in greatest need.

In order to carry out this policy each agency, department, institution, committee, and commission which is concerned or responsible for children shall submit as a part of its annual budget request a listing of programs and services for children, the priority order of these programs and services in relation to other services, if any, that are provided by the agency, department, institution, committee, or commission, and a summary of the expenses incurred for the administration of its children's services and programs. In addition, each agency, department, institution, committee, and commission which must submit pursuant to law an annual report to the General Assembly shall include as part of the report a comprehensive statement of how its children's services and programs contributed to the implementation of this policy. Copies of all these budget requests and annual reports must be provided to the Office of the Governor by the agency, department, institution, committee, or commission.

Interstate Compact Participant

Yes

Process

Intake

The Department of Juvenile Justice shall provide intake and probation services for juveniles brought before the family courts of this State and for persons committed or referred to the department in cooperation with all local officials or agencies concerned. The role and function of intake is to independently assess the circumstances and needs of children referred for possible prosecution in the family court. Recommendations by the department as to intake must be reviewed by the office of the solicitor in the circuit concerned, and the final determination as to whether or not the juvenile is to be prosecuted in the family court must be made by the solicitor or by the solicitor's authorized assistant. Statements of the juvenile contained in the department's files must not be furnished to the solicitor's office as part of the intake review procedure, and the solicitor's office must not be privy to these statements in connection with its intake review.

Where circumstances do not warrant prosecution in the discretion of the solicitor, the intake counselor shall offer referral assistance for services as appropriate for the child and family. In the event that a juvenile is adjudicated to be delinquent or found by the family court to be in violation of the terms of probation, the intake counselor shall offer appropriate dispositional recommendations to the family court for its consideration and determination of the disposition of the case.

Informal Adjustment

Whenever a person informs the court that a child is within the purview of this chapter, the court shall make preliminary inquiry to determine whether the interest of the public or of the child requires that further action be taken. Thereupon, the court may make an informal adjustment as is practicable without a petition or may authorize a petition to be filed by any person.

Disposition

When a child is found by decree of the court to be subject to this chapter, the court shall in its decree make a finding of the facts upon which the court exercises its jurisdiction over the child. Following the decree, the court by order may:

  1. cause a child concerning whom a petition has been filed to be examined or treated by a physician, psychiatrist, or psychologist and for that purpose place the child in a hospital or other suitable facility;
  2. order care and treatment as it considers best, except as otherwise provided in this section and may designate a state agency as the lead agency to provide a family assessment to the court. The assessment shall include, but is not limited to, the strengths and weaknesses of the family, problems interfering with the functioning of the family and with the best interests of the child, and recommendations for a comprehensive service plan to strengthen the family and assist in resolving these issues. The lead agency shall provide the family assessment to the court in a timely manner, and the court shall conduct a hearing to review the proposed plan and adopt a plan as part of its order that will best meet the needs and best interest of the child. In arriving at a comprehensive plan, the court shall consider:
    1. additional testing or evaluation that may be needed;
    2. economic services including, but not limited to, employment services, job training, food stamps, and aid to families with dependent children;
    3. counseling services including, but not limited to, marital counseling, parenting skills, and alcohol and drug abuse counseling; and
    4. any other programs or services appropriate to the child's and family's needs.
  3. place the child on probation or under supervision in the child's own home or in the custody of a suitable person elsewhere, upon conditions as the court may determine. A child placed on probation by the court remains under the authority of the court only until the expiration of the specified term of the child's probation. This specified term of probation may expire before but not after the twentieth birthday of the child. Probation means casework services during a continuance of the case. Probation must not be ordered or administered as punishment but as a measure for the protection, guidance, and well-being of the child and the child's family. Probation methods must be directed to the discovery and correction of the basic causes of maladjustment and to the development of the child's personality and character, with the aid of the social resources of the community. As a condition of probation, the court may order the child to participate in a community mentor program as provided for in Section 63-19-1430. The court may impose monetary restitution or participation in supervised work or community service, or both, as a condition of probation. The Department of Juvenile Justice, in coordination with local community agencies, shall develop and encourage employment of a constructive nature designed to make reparation and to promote the rehabilitation of the child. When considering the appropriate amount of monetary restitution to be ordered, the court shall establish the monetary loss suffered by the victim and then weigh and consider this amount against the number of individuals involved in causing the monetary loss, the child's particular role in causing this loss, and the child's ability to pay the amount over a reasonable period of time. The Department of Juvenile Justice shall develop a system for the transferring of court-ordered restitution from the child to the victim or owner of property injured, destroyed, or stolen. As a condition of probation the court may impose upon the child a fine not exceeding two hundred dollars when the offense is one in which a magistrate, municipal, or circuit court judge has the authority to impose a fine. A fine may be imposed when commitment is suspended but not in addition to commitment;
  4. order the child to participate in a community mentor program as provided in Section 63-19-1430;
  5. commit the child to the custody or to the guardianship of a public or private institution or agency authorized to care for children or to place them in family homes or under the guardianship of a suitable person. Commitment must be for an indeterminate period but in no event beyond the child's twenty-second birthday;
  6. require that a child under twelve years of age who is adjudicated delinquent for an offense listed in Section 23-3-430(C) be given appropriate psychiatric or psychological treatment to address the circumstances of the offense for which the child was adjudicated; and
  7. dismiss the petition or otherwise terminate its jurisdiction at any time on the motion of either party or on its own motion.

Youth Mentor Program

The Attorney General's Office shall establish a Youth Mentor Program to serve juvenile offenders under the jurisdiction of the family court. The program shall consist of a church mentor program and a community mentor program. Participation in the program may be required as a pretrial diversion option by a solicitor or as an optional, alternative disposition by a family court judge. The circuit solicitor may charge a juvenile offender who participates in the Youth Mentor Program a fee to offset the actual cost of administering the program; however, no juvenile offender is barred from the program because of indigence. This program must be available for juveniles who commit nonviolent offenses. For purposes of this subsection, nonviolent offenses mean all offenses not listed in Section 16-1-60.

When a child is charged with a nonviolent offense which places him under the jurisdiction of the family court and the solicitor is of the opinion that justice would be better served if the child completed a church mentor program, the solicitor may divert the child to such a program. Upon completion of the program, the proceedings in family court must be dismissed.

Participation in the church mentor program is voluntary, and the child or his parents or guardians may refuse to participate based upon their religious beliefs or for any other reason.

The Attorney General must establish guidelines for the program, the mentors, and the churches, mosques, masjids, synagogues, and other religious organizations that participate in the church mentor program.

When a child is adjudicated delinquent for a nonviolent offense in family court, the family court judge may order the child to participate in the community mentor program. When a child is ordered to participate in the community mentor program, he must be assigned to a community organization which shall assign a mentor to the child. The mentor shall monitor the academic and personal development of the child for a minimum period of six months and a maximum period not exceeding one year as ordered by the court. Failure to complete the program shall result in the child being brought before the family court for appropriate sanctions or revocation of suspended commitment.

The Attorney General must establish guidelines for the program, the mentors, and the community organizations that participate in the community mentor program.

If a child is adjudicated delinquent for a status offense or is found in violation of a court order relating to a status offense, the court may suspend or restrict the child's driver's license until the child's eighteenth birthday.

If a child is adjudicated delinquent for violation of a criminal offense or is found in violation of a court order relating to a criminal offense or is found in violation of a term or condition of probation, the court may suspend or restrict the child's driver's license until the child's twentieth birthday.

If the court suspends the child's driver's license, the child must submit the license to the court, and the court shall forward the license to the Department of Motor Vehicles for license suspension. However, convictions not related to the operation of a motor vehicle shall not result in increased insurance premiums.

If the court restricts the child's driver's license, the court may restrict the child's driving privileges to driving only to and from school or to and from work or as the court considers appropriate. Upon the court restricting a child's driver's license, the child must submit the license to the court and the court shall forward the license to the Department of Motor Vehicles for reissuance of the license with the restriction clearly noted.

Notwithstanding the definition of a “child” as provided for in Section 63-19-20, the court may suspend or restrict the driver's license of a child under the age of seventeen until the child's eighteenth birthday if subsection (B) applies.

Upon suspending or restricting a child's driver's license under this section, the family court judge shall complete a form provided by and which must be remitted to the Department of Motor Vehicles.

Terms of Probation

For general terms, refer to disposition subsection of the process section.

The department may grant up to a ten-day reduction of the probationary or parole term to probationers and parolees who are under the department's supervision for each month they are compliant with the terms and conditions of their probation or parole order.

During the probationary period of a child and during the time that the child may be committed to an institution or to the care of an association or person for custodial or disciplinary purposes, the child is always subject to visitation by the probation counselors or other agents of the court.

Probation Officers

Authority

Juvenile correctional employees of the department, while performing their officially assigned duties relating to the custody, control, transportation, or recapture of a juvenile offender within the jurisdiction of the department, and other employees of the department authorized by the director to perform similar functions as part of their official duties, have the status of peace officers anywhere in this State in a matter relating to the custody, control, transportation, or recapture of the juvenile. Employees of the department's Division of Public Safety, on proper training and certification from the Criminal Justice Academy and after having taken the oath of office prescribed by law and the Constitution of this State, must continue to be commissioned as state constables pursuant to Section 23-1-60.

A probation counselor who has successfully completed Class I or II law enforcement officer training and received a certificate from the South Carolina Law Enforcement Training Council pursuant to the provisions of Chapter 23, Title 23 has the authority, when commissioned by the department, in the execution of his duties, to take a child under the jurisdiction of the family court into custody pursuant to an order issued by the court directing that the child be taken into custody.

In the performance of the duties of probation, parole, community supervision, and investigation, the probation counselor is regarded as the official representative of the court, the department, and the Juvenile Parole Board.

Employment Requirements

To be eligible for appointment as a probation counselor, an applicant must possess:

  1. a college degree involving special training in the field of social science or its equivalent;
  2. a personality and character as would render the applicant suitable for the functions of the office.

Probation counselors shall live in districts as determined by the director. Each counselor periodically shall visit the schools under the supervision of the Department of Juvenile Justice and become familiar with the records, background, and needs of the children and shall make periodic reports to the school.

Duties

The duties of probation counselors include:

  1. conducting an investigation of the child and the child's home as may be required by the court;
  2. being present in court at the hearing of cases;
  3. furnishing to the court information and assistance as the judge may require; and
  4. taking charge of a child before and after hearings as may be directed by the court.

Funding

Not provided for in statute.

Fees

Not provided for in statute.

Additional Resources

The Juvenile Justice Process (Simplified)

Department of Juvenile Justice: Community Services

Department of Juvenile Justice: Prevention & Diversion Programs

Data Collection

Department of Juvenile Justice: Research and Data

Citations

Rule 1, SCRFC et seq. (South Carolina Rules of Family Court)

Code 1976 § 63-3-10 et seq. (Family Court and Family Court Judges)

Code 1976 § 63-19-10 et seq. (Juvenile Justice Code)

 South Dakota

SD flag

Responsible Branch

Judicial

Organization

Probation services are provided by Family Courts

Purpose

Pursuant to § 26-7A-125, the Supreme Court hereby adopts the following juvenile graduated response grid and rules to guide court services officers in determining the appropriate response to a violation or compliance with the conditions of juvenile probation. It is the policy of the Unified Judicial System that violations of probation be addressed in a timely, consistent and reasonable manner by use of a graduated response grid. The use of graduated sanctions and incentives is intended to achieve public safety by holding juvenile offenders accountable for their behavior and reinforcing positive behavior.

Interstate Compact Participant

Yes

Process

A report of a preliminary investigation involving any apparent child in need of supervision, any apparent delinquent child, or any juvenile cited violation, may be referred to a court services officer for informal adjustment or to a court-approved juvenile diversion program for informal action pursuant to subdivision 26-7A-10(4) only if:

  1. The child and the child's parents, guardian, or other custodian were informed of their constitutional and legal rights, including being represented by an attorney at every stage of the proceedings if a petition is filed;
  2. The facts are admitted and establish prima facie jurisdiction; and
  3. Written consent is obtained from the child's parents, guardian, or custodian and from the child if the child is of sufficient age and understanding. Efforts to effect informal adjustment or informal action may extend no longer than four months from the date of the consent.

The state's attorney may include in the referral to a court-approved juvenile diversion program a requirement that restitution as defined in subdivision 23A-28-2(4) be imposed as a condition of the diversion program.

Any apparent child in need of supervision or any apparent delinquent child shall be referred for informal adjustment or informal action pursuant to subdivision 26-7A-10(4) if the following criteria are met:

  1. The child has no prior adjudications;
  2. The child has had no informal adjustment or informal action within the last twelve months;
  3. The child is an apparent child in need of supervision pursuant to § 26-8B-2 or an apparent delinquent pursuant to § 26-8C-2 and the alleged conduct constitutes a misdemeanor;
  4. The child's alleged conduct did not include use of violence or force against another; and
  5. All of the requirements in § 26-7A-11 are met.

If the state's attorney has good cause to believe that informal adjustment or informal action is insufficient to meet the purposes of this chapter and chapters 26-8B and 26-8C, the state's attorney may file a delinquency or child in need of supervision petition pursuant to subdivision 26-7A-10(5). The petition shall include notice of the departure from informal adjustment or informal action and notice to the child of the child's right to move for informal adjustment or informal action. Upon motion of the child and upon a finding that no good cause exists, the court may refer the child to informal adjustment or informal action pursuant to subdivision 26-7A-10(4).

After adjudication of a child as an abused or neglected child, a child in need of supervision or a delinquent child and before final disposition of the case, the court may require the following examinations and investigations and reports of them:

  1. The court may order the child's parents, guardian, custodian, any other party respondent, or any relative of the child who might be considered as a potential caretaker of the child on disposition to submit to psychological, psychiatric or medical examination and evaluation by a qualified mental health professional or physician and submit the report to the court. The order may be issued by the court on the motion of the state, the child, any interested party, or on the court's own motion. The order directing the examination and evaluation shall state the time, place, manner, conditions, and scope of the examination and evaluation to be made and the person or persons by whom it is to be made; and
  2. The court may order homestudy investigations and reports of the investigations submitted to the court concerning the child's parents, guardian, custodian, any other party respondent, or relative of the child who might be a potential caretaker of the child on disposition. The order for a homestudy investigation and a report of the investigation shall generally state the conditions and scope of the investigation considered necessary or appropriate by the court under the circumstances.

Reports received by the court pursuant to this section may be released by the court to attorneys of record for the parties and may be received by the court as evidence in the dispositional phase of the proceeding.

After adjudication, the court shall conduct dispositional hearings and consider evidence regarding proper disposition of the child best serving the interests of the child with due regard to the rights and interests of the child's parents, guardian, custodian, other parties respondent, the public, and the state. Dispositional evidence may include social study reports, mental and medical examination and evaluation reports, homestudy investigation reports, and any other evidence related to appropriate disposition of the child.

Following the dispositional hearing, the court shall issue an interim decree of disposition. During the dispositional phase, the court shall balance the rights and interests of the child and the respective parties, including the public and the state.

On completion of the final dispositional hearing the court shall issue findings of fact, conclusions of law, and a final decree of disposition. The decree shall be the final order of the court for the purpose of an appeal by any party according to the rules of procedure governing civil appeals.

The court may modify or set aside any order or decree made by it, except a decree terminating parental rights. No modification of an order or decree may be made without a hearing if a violation of the terms of probation governing a child in need of supervision or a delinquent child is alleged or if the effect of modifying or setting aside the order or decree would be to deprive a parent of custody of a child or make a change in custody, except temporary custody, with or without court order, pursuant to provisions of this chapter or chapter 26-8A, 26-8B, or 26-8C.

The running of a juvenile probationer's probationary period shall be suspended if:

  1. The juvenile probationer absconds from supervision;
  2. Any petition to modify or revoke a term of probation is filed; or
  3. A probation violation report is filed during any pending court proceeding related to the filing of the violation report.

Generally, juveniles should only be held in secure detention when less restrictive placement alternatives are not appropriate. The standardized South Dakota JDAI Risk Assessment Instrument (RAI) is an objective tool used to assess a variety of risk factors relative to the likelihood that a juvenile will appear in court or re-offend on a delinquent act prior to his/her court appearance. The RAI is based upon best practice standards that have been tested and implemented in other JDAI jurisdictions across the nation. The overall risk score is a guide in making the initial decision whether to detain in secure detention, utilize an alternative to secure detention, or release with or without conditions pending hearing.

As per the authority designated in subdivision 26-7A-1(20), the presiding judge in each circuit shall appoint juvenile detention staff or juvenile reception and intake center staff to serve as intake officers.

The State Court Administrator's Office shall provide statewide training on use of the RAI. After the completion of RAI training, all appointed Intake Officers shall complete the RAI on all detention intakes to distinguish between juveniles who are likely to abscond or commit new crimes and those who are not.

The State Court Administrator's Office shall compile the following data to be collected by any court appointed intake officer: The number of juveniles detained and released shall be reported along with each juvenile's gender, race, ethnicity, age and offense as well as all assessment information including staff decision, overrides and program information.

If the court is satisfied that the best interests of the public, justice, and child will be served, the court may, without entering an adjudication of delinquency, with consent of the child, suspend imposition of adjudication of delinquency and place the child on probation under the terms, conditions, and duration required by the court. A court may revoke the suspension at any time during the probationary period and impose an adjudication of delinquency without diminishment or credit for any of the probationary period.

Following adjudication of a child as a delinquent child, the court may continue the case and may require a court services officer to present to the court a plan of disposition. Where a community response team as defined in § 26-8D-1 has been established, prior to any disposition to the Department of Corrections, the court may seek a recommendation for a viable community alternative disposition from the team. If the team is unable to provide any recommendation within seven days of the referral, the disposing court may exercise its discretion and make a disposition decision without the input of the team, pursuant to § 26-8C-7. In each case, the court may adopt the recommendation of the team in part, in full, or reject the recommendation of the team in its entirety.

If a child has been adjudicated as a delinquent child, the court shall enter a decree of disposition according to the least restrictive alternative available in keeping with the best interests of the child. The decree shall contain one or more of the following:

  1. The court may require the child to pay restitution, as defined in subdivision 23A-28-2(4) and under conditions set by the court, if payment can be enforced without serious hardship or injustice to the child;
  2. The court may impose a fine not to exceed one thousand dollars;
  3. The court may place the child on probation under the supervision of a court services officer or another designated individual pursuant to § 26-8C-14;
  4. The court may require a child as a condition of probation to participate in a supervised community service program, if the child is not deprived of the schooling that is appropriate for the child's age, needs, and specific rehabilitative goals. The supervised community service program shall be of a constructive nature designed to promote rehabilitation, appropriate to the age level and physical ability of the child, and shall be combined with counseling by the court services officer or other guidance personnel. The supervised community service program assignment shall be made for a period of time consistent with the child's best interests, but for not more than ninety days;
  5. The court may place the child at the Human Services Center for examination and treatment;
  6. The court may place the child in a detention facility for not more than ninety days, which may be in addition to any period of temporary custody;
  7. The court may place the child in an alternative educational program;
  8. The court may order the suspension or revocation of the child's right to apply for a driving privilege, suspend or revoke an existing driving privilege, or restrict the privilege in the manner the court sees fit, including requiring that financial responsibility be proved and maintained;
  9. The court may assess or charge costs and fees permitted by §§ 16-2-41, 23-3-52, 23A-27-26, 23A-28B-42, and 23A-27-27 against the child, parent, guardian, custodian, or other party responsible for the child…

Terms of Probation

The Supreme Court shall establish rules, pursuant to § 16-3-1, to develop a graduated sanctions and incentives procedure and grid to guide court services officers in determining the appropriate response to a violation of terms or conditions of probation in juvenile cases. If the graduated sanctions program includes detention, a stay may not exceed forty-eight hours, and may not exceed twenty-four hours for children in need of supervision pursuant to § 26-8B-3. The Unified Judicial System shall collect data related to the use of sanctions, grid compliance and program outcomes, and shall include a process for reviewing sanctions that are challenged by the juvenile. The system of graduated sanctions shall be created with the following objectives:

  1. Responding to violations of probation quickly, consistently, and proportionally;
  2. Reducing the time and resources expended by the court to respond to violations; and
  3. Reducing the likelihood of a new delinquent act.

The terms and conditions of probation of a delinquent child shall be specified by rules or orders of the court and by court services officers.

The duration of juvenile probation shall be specified by order of the court but may not exceed six months unless:

  1. The child is placed in the intensive juvenile probation program; or
  2. The child's probation is extended as provided under this section.

If the child is placed on intensive juvenile probation, the duration of probation upon order by the court may be up to twelve months.

If the child is placed on juvenile probation, a court services officer may request two extensions up to six months each or one extension up to six months for intensive juvenile probation. The court may authorize the same in accordance with Unified Judicial System procedure if the extension is necessary for the child to engage in evidence-based treatment as required by the case plan. If evidence-based treatment is not available, an extension may be granted if the youth is engaged in alternative court-approved treatment that will not be completed before the previously ordered term of probation expires.

The total duration of probation, including juvenile intensive probation and any extension may not exceed eighteen months unless the court provides written authorization to allow a child to complete evidence-based treatment that will not be completed before probation expires. Probation may not be extended solely to collect restitution. If probation is terminated with restitution owing, the Unified Judicial System procedure may govern the collection.

Each child placed on probation shall be given a written statement of the terms and conditions of probation, and the probation extension policy. The terms and conditions, as well as the probation extension policy, shall be explained to the child.

The court shall review the terms and conditions of probation and the progress of each child placed on probation at least once every six months. The court may release a child from probation or modify the terms and conditions of the child's probation at any time, but any child who has complied satisfactorily with the terms, conditions, and duration of probation shall be released from probation and the jurisdiction of the court terminated. If the duration of probation previously prescribed has expired, the court shall release the child from probation and terminate jurisdiction.

The following provisions apply if the child is alleged to have violated the terms and conditions of probation and a formal allegation of a probation violation is filed:

  1. The court shall set a hearing on the alleged violation and shall give five days' notice to the child, to the child's parents, guardian, or custodian, and to any other parties to the proceedings;
  2. The child and the child's parents, guardian, or custodian shall be given a written statement concerning the alleged violation;
  3. The child may be represented by legal counsel at the probation violation hearing and the child is entitled to the issuance of compulsory process for the attendance of witnesses;
  4. If the court finds by a preponderance of the evidence that the child violated the terms and conditions of probation, the court may modify the terms and conditions of probation, revoke probation, or take other action as permitted by this chapter or chapter 26-7A which is in the best interests of the child and the public, except commitment to the Department of Corrections. The court may only commit a child to the Department of Corrections if the court finds that the violation committed constitutes a new law violation and finds that the aggravated circumstances as provided in subdivision 26-8C-7(10) exist;
  5. For the purposes of this section, new law violation is defined as delinquent behavior pursuant to § 26-8C-2, a Class 1 misdemeanor violation of title 32, or a violation of § 32-23-21; and
  6. If the court finds that the child did not violate the terms and conditions of probation as alleged, the court shall dismiss the proceedings and continue the child on probation under the terms, conditions, and duration previously prescribed. If the duration of probation previously prescribed has expired, the court shall release the child from probation and terminate jurisdiction.

The response grids in Appendix A and Appendix B to this chapter are hereby adopted for statewide use by court services officers. The response grids shall be utilized statewide for all juvenile delinquency and child in need of supervision (CHINS) cases supervised through court services.

Court services officers should utilize the incentives grid to provide incentives for compliance with the conditions of probation. Incentives should be individualized to the juvenile and provided in a manner that acknowledges achievements and reinforces positive behavior.

These response grids shall be made a standard condition of juvenile probation and the juvenile probationer shall be informed that they may seek review of any moderate or serious sanction imposed by requesting review by the chief court services officer for the judicial circuit. In the event the supervising court services officer is the chief court services officer, the probationer may request review of such determination by a chief court services officer from another judicial circuit which shall be assigned by the director of trial court services. The decision made by the chief court services officer concerning the imposition of a sanction is final. Any requests for review shall be documented by the court services officer.

The response grid applies to conduct that is a violation of the terms and conditions of juvenile probation including an arrest for a new offense. If a juvenile probationer is arrested for a violent offense or an offense that involves substantial threat of violence or a sex offense the court services officer shall submit a probation violation report to the state's attorney and file a petition to modify or revoke probation with the court. If a juvenile probationer's conduct demonstrates a significant risk to public safety the court services officer shall immediately submit a probation violation report.

A court services officer shall respond to a violation through the application of the sanctions grid by utilizing the appropriate cells based on the juvenile probationer's risk level and the type of violation. The imposition of sanctions within a grid cell is vested to the discretion of the supervising court services officer. A court services officer may deviate up or down from the cell with supervisor approval. Not all responses in each grid may be appropriate for all violations or for all juvenile probationers. Graduated responses may be used individually or in combination and include formal and informal responses to probation violations. The imposition of any sanction or incentive shall be documented by the court services officer.

Court services officers shall consider the risk the juvenile probationer poses to the community, the severity of any violation, prior history on probation, previous violations or sanctions, and the deterrent effect when imposing a sanction. The court services officer shall also employ positive reinforcement for a probationer's compliance with the conditions of supervision and completion of benchmarks during the term of supervision.

A sanction cannot extend the term of probation.

There is hereby established a juvenile response grid oversight committee to consider recommendations to the graduated response grid and make such changes as the committee determines appropriate by majority vote. The committee shall be appointed by the Chief Justice of the South Dakota Supreme Court. The committee shall consist of nine members and be composed of two judges, two chief court services officers, one deputy chief court services officer, two court services officers that are not chief or deputy chief court services officers, one state's attorney and one defense attorney. The director of trial court services shall also serve as a non-voting member of the committee. The committee shall meet within 180 days from appointment and at least annually thereafter.

Probation Officers

Not prescribed in statute.

Funding

The Department of Corrections shall develop a fiscal incentive program to incentivize county use of diversion opportunities. Beginning on September 1, 2016, any application for funding from the fiscal incentive program shall be submitted to the Department of Corrections before September first each year by a county. The fiscal incentive program includes the following requirements:

  1. An application shall include data on the number of children annually referred by the county to a diversion program, as well as the number of referred children that successfully completed a diversion program. In addition, each application shall provide specific data about the children the county referred to diversion, including the type of program or type of diversion referred to, the name and location of each diversion provider, and whether the child completed a diversion program;
  2. The allotment of funds shall be based on the number of children referred by each county that complete a court-approved diversion program at a rate of two hundred fifty dollars per child. That amount shall be prorated if the number of children completing a diversion program statewide results in an amount that exceeds the allotted funds;
  3. No county may receive any state funds provided by this section until its application has been received; and
  4. Payments to counties shall be transferred on or about November first each year.

The Department of Corrections shall report data collected from participating counties semiannually to the oversight council.

Fees

Not prescribed in statute.

Additional Resources

Juvenile Justice Public Safety Improvement Act Oversight Council

Department of Corrections: Juvenile Corrections

Data Collection

Not available.

Citations

SDCL § 26-7A-1 et seq. (Juvenile Court)

SDCL § 26-8C-1 et seq. (Delinquent Children)

SDCL § 26-8D-1 et seq. (Juvenile Justice – Public Safety Improvement)

SDCL § 26-8E-1 et seq. (Probation Conditions – Graduated Sanctions and Incentives)

SDCL § 26-11-1 et seq. (Criminal Proceedings Against Minors)

SDCL § 26-12-15 et seq. (Interstate Compact on Juveniles)

 Tennessee

TN flag

Responsible Branch

Mixed

Organization

Probation services are provided to 95 counties by the Department of Children’s Services, Office of Juvenile Justice; However, Davidson, Shelby, Knox and Hamilton county courts employ their own probation officers.

Purpose

Through the department of children's services, the state of Tennessee, in cooperation with juvenile courts, local communities, schools and families will strive to provide timely, appropriate and cost-effective services for children in state custody and at risk of entering state custody so that these children can reach their full potential as productive, competent and healthy adults. The department is created to provide services to those children who are unruly, delinquent, dependent and neglected, and their respective families, as well as for children who are at imminent risk and in need of services to prevent entry into state custody, who are in state custody pending family reunification or other permanent placement, or as otherwise may be required for such children and their families pursuant to state law. In all cases, the services shall be to further the best interest of the child, and when appropriate, to preserve the relationship between the child and the family. Whenever possible, the services shall be provided in the community where the child lives and in a setting that is the least restrictive and, yet, the most beneficial to the child. For the children it serves, the department shall strive to:

  1. Protect children from abuse, mistreatment or neglect;
  2. Provide prevention, early intervention, rehabilitative and educational services;
  3. Pursue appropriate and effective behavioral and mental health treatment;
  4. Ensure that health care needs, both preventive and practical, are met; and
  5. Keep children safe.

The department will work to preserve the safety and protect the standards in Tennessee communities through efforts to combat delinquency and other social ills concerning young people. The department shall work to continuously improve the management and coordination of services for the children and families of Tennessee identified in this section by ensuring thorough evaluations and assessments, appropriate and effective service delivery, timely permanency planning and supportive supervision and monitoring of the progress of children discharged from state custody.

Interstate Compact Participant

Yes

Process

Before or after a petition is filed, a designated court officer may informally resolve a complaint containing delinquent or unruly allegations without adjudication by giving counsel and advice to the child if such informal resolution would be in the best interest of the public and the child, and the child and the child's parents, guardian, or other custodian consent to the informal adjustment with knowledge that consent is not obligatory. The informal adjustment shall not extend beyond three (3) months from the day commenced, unless extended by the court for an additional period not to exceed a total of six (6) months, and does not authorize the attachment or detention of the child if not otherwise permitted by this part.

If the child and the victim agree to restitution, restitution may be paid independently of informal adjustment; however, financial obligations shall not be assessed or collected against a child as part of an informal adjustment pursuant to this section.

After a petition has been filed and a designated court officer determines that an unruly or delinquent case is an appropriate case for diversion from adjudication, the parties may agree to pretrial diversion that suspends the proceedings and places the child under supervision on terms and conditions agreeable to the designated court officer and approved by the court. A child may not be placed on pretrial diversion if the delinquent act alleged is an offense described in § 37-1-153(b).

A pretrial diversion agreement shall remain in force for a maximum of six (6) months unless the child is discharged sooner by the court. Upon application of any party to the proceedings, made before expiration of the six-month period and after notice and a hearing, pretrial diversion may be extended by the court for an additional six (6) months.

If, prior to discharge by the court or expiration of the pretrial diversion period, the child fails to fulfill the terms and conditions of the pretrial diversion agreement, the original petition may be reinstated and the case may proceed to adjudication just as if the agreement had never been entered.

Attachment and detention of a child are not authorized for the violation of a pretrial diversion agreement unless otherwise permitted by this part.

The petition shall be dismissed with prejudice once a child completes an informal adjustment pursuant to subsection (a) or pretrial diversion pursuant to subsection (b) without reinstatement of the original delinquent or unruly petition.

No admission shall be required as part of informal adjustment or pretrial diversion, and any statements made by the child during the preliminary inquiry, informal adjustment pursuant to subsection (a), or pretrial diversion pursuant to subsection (b) are not admissible prior to a dispositional hearing.

Procedure. Proceedings to establish a violation of the conditions of probation or home placement supervision shall be conducted in the same manner as proceedings on petitions alleging delinquent conduct. The child whose probation or home placement supervision is sought to be modified or revoked shall be entitled to all rights that a child alleged to be delinquent is entitled to under law and these rules. A petition is required for a violation of probation. A petition is also required for a violation of home placement supervision when the child has been released from the custody of the Department of Children's Services. The petition shall identify the remedy being sought and the factual basis for the action.

Burden of proof. The burden of proof shall be a preponderance of the evidence.

Disposition. If the child violates the conditions of probation or home placement supervision, the court may make any other disposition which would have been permissible in the original proceeding, subject to T.C.A. § 37-1-137.

Pretrial Diversion Agreement. If the designated court officer determines that the matter is appropriate for pretrial diversion, the pretrial diversion agreement shall be in writing and signed by the child, the child's parent, guardian or other legal custodian and the designated court office. No admission of the allegation contained in the petition shall be required of the child when determining whether to proceed with a pretrial diversion. The agreement must be approved by the court before it is of any force and effect.

Consent. The pretrial diversion shall not occur without consent of the child and the child's parent, guardian or other legal custodian.

Time Limits. The pretrial diversion process may continue for a period up to 6 months, unless the child is discharged sooner by the court. Upon application of any party made prior to the expiration of the initial time period, and after notice and a hearing, the diversion may be extended for a period not to exceed an additional 6 months.

Modification. The parties, by mutual consent and with court approval, may modify the requirements of the agreement at any time before its termination.

Violation of Pretrial Diversion. If failure to comply with the agreement is alleged, the child shall be given written notice of the alleged violation and an opportunity to be heard on that issue prior to the reinstatement of proceedings pursuant to the original charge. Notice of the failure to comply must be filed prior to the expiration of the pretrial diversion. The filing of the notice extends the period of pretrial diversion pending a prompt hearing on the merits of the alleged violation.

Statements of Child. Any statements made by the child during the preliminary inquiry or pretrial diversion are not admissible in the delinquent or unruly subject proceeding prior to the dispositional hearing.

Purposes. The juvenile court preliminary inquiry is intended to:

  1. Provide for resolution of complaints by excluding from the juvenile court at its inception:
    1. Those matters over which the juvenile court has no jurisdiction;
    2. Those matters in which there appears to be insufficient evidence to support a petition or citation; or
    3. Those matters in which sufficient evidence may exist to bring a child within the jurisdiction of the juvenile court but which are not serious enough to require official action under the juvenile court law or which may be suitably referred to a non-judicial agency available in the community;
  2. Provide for the commencement of proceedings in the juvenile court by the filing of a petition or citation only when necessary for the welfare of the child or the safety and protection of the public.

Receipt of Complaint. Any person or agency having knowledge of the facts may file a complaint with the juvenile court or an officer designated by the court alleging facts to indicate a child is delinquent or unruly. The court representative accepting the complaint shall note thereon the date and time of receipt of the complaint.

Duties of Designated Court Officer. Upon receipt of the complaint, the designated court officer shall:

  1. Interview or otherwise seek information from the complainant, victim and any witness to the alleged offense.
  2. Conduct an interview with the child who is the subject of the complaint and the child's parents, guardian or legal custodian. At the beginning of the interview, the officer shall explain the nature of the complaint and inform the child of the right to counsel, where applicable, that if the child cannot afford an attorney one will be appointed if applicable, and that the child has a right to remain silent and any statements made by the child will not be admissible in any proceeding prior to the dispositional hearing.
    1. If the child invokes the right to an attorney, the designated court officer shall immediately suspend the interview, allow for the appointment or retention of counsel, and reschedule the matter.
    2. If the child chooses to proceed with the interview without counsel, the designated court officer shall obtain a written waiver from the child and proceed with the interview.
  3. If the designated court officer determines that the juvenile court does not have jurisdiction over the matter or there appears to be insufficient evidence to support the complaint, then the complaint shall be closed and no further action taken by the court.

Informal Adjustment

If the designated court officer determines that the matter is not serious enough to require official action before the juvenile court judge, then the designated court officer may remedy the situation by giving counsel and advice to the parties through an informal adjustment. No admission of the allegation contained in the complaint shall be required of the child when determining whether to proceed with an informal adjustment. In determining whether informal adjustment should be undertaken, the designated court officer may consider:

  1. Whether the child has had a problem in the home, school or community which indicates that counsel and advice would be desirable;
  2. Whether the child and the parents, guardian or legal custodian seem able to resolve the matter with the assistance of the designated court officer or other court staff, and without formal juvenile court action;
  3. Whether further observation or evaluation by the designated court officer is needed before a decision can be reached;
  4. The attitude of the child, parents, guardian, or legal custodian;
  5. The concerns of the victim, child, the parents, guardian, or legal custodian, and/or any other affected persons or agencies;
  6. The age, maturity and mental condition of the child;
  7. The prior history or record, if any, of the child;
  8. The recommendation, if any, of the referring party or agency;
  9. The results of any mental health, drug and alcohol or other assessments or screenings of the child; and
  10. Any other circumstances which indicate that informal adjustment would be consistent with the best interest of the child and the public.

The informal adjustment shall not occur without the consent of the child and the child's parents, guardian or other legal custodian. Prior to giving consent, the child must be notified that participation is optional and may be terminated by the child at any time.

The informal adjustment process shall not continue beyond a period of 3 months from its commencement unless such extension is approved by the court for an additional period not to exceed a total of 6 months. The terms of the informal adjustment agreement may not include the imposition on the child of any financial obligations or the obligation to pay restitution.

Upon successful completion of a period of informal adjustment, the complaint shall be closed and no further action taken by the court. If a petition has been filed, then the petition shall be dismissed with prejudice.

The designated court officer may terminate the informal adjustment and proceed with formal court action if at any time the child or the child's parents, guardian or legal custodian:

  1. Declines to participate further in the informal adjustment process;
  2. Denies the jurisdiction of the juvenile court over the instant matter;
  3. Expresses a desire that the facts be determined by the court;
  4. Fails to comply with the terms of the informal adjustment program.

Upon termination of the informal adjustment process, the designated court officer shall notify the child and the child's parent, guardian or legal custodian thereof, and the victim. The termination shall be reported to the court. Such notification shall include the basis for the termination.

Informal Adjustment Determined Inappropriate. If the designated court officer determines informal adjustment to be inappropriate, then formal court proceedings shall commence with the filing of a petition or citation.

Statements of Child. Any statements made by the child during the preliminary inquiry or informal adjustment are not admissible in the delinquent or unruly subject proceeding prior to the dispositional hearing.

If the child is found to be a delinquent child, the court may make any of the following orders of disposition best suited to the child's treatment, rehabilitation and welfare:

  1. Subject to conditions and limitations as the court prescribes, transfer temporary legal custody or grant permanent guardianship in accordance with part 8 of this chapter to any relative or other individual with a relationship with the child who is found by the court to be qualified to receive and care for the child, if the court finds that such a transfer or grant is in the best interest of the child;
  2. Placing the child on probation under the supervision of the probation officer of the court or the department of children's services, any person, or persons or agencies designated by the court, or the court of another state as provided in § 37-1-143, under conditions and limitations prescribed by the court in consultation with the supervising authority and consistent with a validated risk and needs assessment, which may include completion of substance abuse and mental health treatment services where appropriate;
    1. A child may be placed on probation for a maximum period of six (6) months, subject to this subdivision (a)(2)(A)(ii). Before expiration of the first six-month period or any extension period thereafter, and after notice and a hearing, the court may extend probation for additional periods not to exceed six (6) months each, but only if the court finds and issues a written order that:
      1. States that it is in the best interest of the child that a condition or conditions of probation remain in effect; and
      2. Specifies the condition or conditions that shall remain in effect and why that continued effectiveness is in the best interest of the child; and
    2. If the requirements of subdivision (a)(2)(A)(ii)(a) have been met, probation may continue only so long as it is in the best interest of the child that the condition or conditions of probation remain in effect;
    3. If the supervising authority finds the child has violated the conditions or limitations of probation, the supervising authority may file a petition alleging a violation of the conditions or limitations of probation with the court; provided, that the court, in its discretion, may direct the supervising authority that, in some or all circumstances, such a petition should be filed only if the supervising authority makes and documents attempts to address the noncompliant behavior and determines and documents the reasons for which court intervention is needed to address the noncompliance;
    4. If the court finds that no violation has occurred, the child shall be allowed to resume the former conditions of probation, or probation may be terminated; and
    5. If in a subsequent proceeding, the court finds the child has violated any of the conditions or limitations of probation, the court may modify conditions consistent with the results of the previously administered validated risk and needs assessment, including ordering a transfer or grant pursuant to subdivision (a)(1). The court shall not order a child placed in the custody of the department for a violation of the conditions or limitations of probation unless:
      1. The child is separately adjudicated dependent or neglected and placed pursuant to § 37-1-130;
      2. The child is separately adjudicated delinquent and placed pursuant to this section for an eligible delinquent offense arising out of a subsequent criminal episode other than the offense for which the child has been placed on probation; or
      3. The court finds by clear and convincing evidence that the child is in imminent risk of danger to the child's health or safety and needs specific treatment or services that are available only if the child is placed in the custody of the department; and
        1. A child placed in the custody of the department under this subdivision (a)(2)(A)(v)(c) shall remain in custody so long as necessary to complete the treatment or services, which shall be evidence-based and provided by a qualified provider, but shall remain in custody no longer than six (6) months; provided, that the court may order that the child remain in custody for up to an additional six (6) month period if the court finds after a hearing or stipulation that:
          1. The child needs services or treatment that are available only if the child is in custody; and
          2. The services or treatment the child needs are evidence-based and will be provided by a qualified provider;
    6. The court shall make a finding that the child's school shall be notified, if:
      1. The child has been adjudicated delinquent for any of the following offenses:
        1. First degree murder, as defined in § 39-13-202;
        2. Second degree murder, as defined in § 39-13-210;
        3. Rape, as defined in § 39-13-503;
        4. Aggravated rape, as defined in § 39-13-502;
        5. Rape of a child, as defined in § 39-13-522;
        6. Aggravated rape of a child, as defined in § 39-13-531;
        7. Aggravated robbery, as defined in § 39-13-402;
        8. Especially aggravated robbery, as defined in § 39-13-403;
        9. Kidnapping, as defined in § 39-13-303;
        10. Aggravated kidnapping, as defined in § 39-13-304;
        11. Especially aggravated kidnapping, as defined in § 39-13-305;
        12. Aggravated assault, as defined in § 39-13-102;
        13. Felony reckless endangerment pursuant to § 39-13-103;
        14. Aggravated sexual battery, as defined in § 39-13-504;
        15. Voluntary manslaughter, as defined in § 39-13-211;
        16. Criminally negligent homicide, as defined in § 39-13-212;
        17. Sexual battery by an authority figure, as defined in § 39-13-527;
        18. Statutory rape by an authority figure, as defined in § 39-13-532;
        19. Prohibited weapon, as defined in § 39-17-1302;
        20. Unlawful carrying or possession of a firearm, as defined in § 39-17-1307;
        21. Carrying weapons on school property, as defined in § 39-17-1309;
        22. Carrying weapons on public parks, playgrounds, civic centers, and other public recreational buildings and grounds, as defined in § 39-17-1311;
        23. Handgun possession, as defined in § 39-17-1319;
        24. Providing handguns to juveniles, as defined in § 39-17-1320; or
        25. Any violation of § 39-17-417 that constitutes a Class A or Class B felony; and
      2. School attendance is a condition of probation, or if the child is to be placed in the custody of a state agency and is to be placed in school by a state agency or by a contractor of the state agency;
    7. The court may make a finding that the child's school shall be notified based on the circumstances surrounding the offense if the adjudication of delinquency is for an offense not listed in this subsection (a);
    8. The court shall then enter an order directing the youth service officer, probation officer, or the state agency, if the child has been committed to the custody of the state agency, to notify the school principal in writing of the nature of the offense and probation requirements, if any, related to school attendance, within five (5) days of the order or before the child resumes or begins school attendance, whichever occurs first. In individual cases when the court deems it appropriate, the court may also include in the order a requirement to notify county and municipal law enforcement agencies having jurisdiction over the school in which the child will be enrolled;
    9. When the principal of a school is notified, the principal of the child's school, or the principal's designee, shall convene a meeting to develop a plan within five (5) days of the notification. Reasonable notice shall be given of the date and time of the meeting. The child, the department of children's services if the child is in state custody, the child's parent/guardian/legal caretaker if not in state custody, and other appropriate parties identified by the child, the department of children's services or parent/guardian/legal caretaker shall be invited to the meeting. The plan shall set out a list of goals to provide the child an opportunity to succeed in school and provide for school safety, a schedule for completion of the goals and the personnel who will be responsible for working with the child to complete the goals;
    10. The information shall be shared only with the employees of the school having responsibility for classroom instruction of the child and the school counselor, social worker or psychologist who is involved in developing a plan for the child while in the school, and with the school resource officer, and any other person notified pursuant to this section. The information is otherwise confidential and shall not be shared by school personnel with any other person or agency, except as may otherwise be required by law. Notification in writing of the nature of the offense committed by the child and any probation requirements and the plan shall not become a part of the child's student record;
    11. In no event shall a child be delayed from attending school for more than five (5) school days from the date of notice;
    12. Notwithstanding any other state law to the contrary, the department of children's services shall develop a written policy consistent with federal law detailing the information to be shared by the department with the school for children in its legal custody when notification is required;
    13. Upon the subsequent enrollment of any such student in any other LEA, the parents or custodians of the student, and the administrator of any school having previously received the same or similar notice pursuant to this section, shall notify the school in the manner specified in § 49-6-3051;
    14. A violation of the confidentiality provisions of subdivision (a)(2)(F) is a Class C misdemeanor;
    15. If the court does not place the child in state custody, but orders the child to complete an inpatient mental health treatment program at a hospital or treatment resource as defined in § 33-1-101, upon leaving that hospital or treatment resource, the principal of the child's school shall be notified and the principal of the child's school or the principal's designee shall convene a meeting to develop a transition plan within five (5) days of the notification. Reasonable notice shall be given of the date and time of the meeting. The child, child's parent/guardian/legal caretaker, other relevant service providers, and other appropriate parties identified by the child and parent/guardian/legal caretaker shall be invited to the meeting;
      1. If an information release is executed in compliance with § 33-3-109 that provides the principal or other designated school personnel access to certain information concerning the child, the principal or other designated school personnel may work with the child's mental health provider to develop this plan. The transition plan shall set out a list of goals to provide the child an opportunity to succeed in school and provide for school safety, a schedule for completion of the goals and the personnel who will be responsible for working with the child to complete the goals. The information shall be shared only with employees of the school having responsibility for classroom instruction of the child, but the information is otherwise confidential and shall not be shared by school personnel with any other person or agency, except as may be otherwise required by law. The notification in writing of the nature of the offense committed by the child, any probation requirements, and the transition plan developed pursuant to this subdivision (a)(2)(K)(ii) shall not become a part of the child's student record;
      1. In no event shall a child be delayed from attending school for more than five (5) school days;
      2. A violation of the confidentiality provisions of subdivision (a)(2)(K)(ii) is a Class C misdemeanor;

A validated risk and needs assessment shall be used in all delinquent cases post disposition in making decisions and recommendations regarding programming and treatment.

The department may make available a validated tool for use by any juvenile court; however, any juvenile court may instead choose to use a different validated tool.

Any risk and needs assessment tool that is adopted by a juvenile court or the department must periodically undergo a validation study to ensure that the risk and needs assessment is predictive of the risk of reoffending of the population on which the tool is being administered.

Each delinquent child ordered to probation supervision under § 37-1-131 or committed to the custody of the department shall undergo a validated risk and needs assessment within seven (7) days of the court's disposition, excluding nonjudicial days, to inform supervision level, referrals to programs and services, and case planning.

In delinquent cases, the court may order that a risk and needs assessment be conducted prior to disposition if there is written agreement from the child, the child's parent, guardian, or legal custodian, and, if applicable, the child's attorney. A child may undergo such a risk and needs assessment prior to disposition to identify specific factors that predict a child's likelihood of reoffending and, when appropriately addressed, may reduce the likelihood of reoffending, and the results of the risk and needs assessment shall be provided to the court prior to or at the time of the disposition of the child.

Terms of Probation

If a child alleged to be delinquent or unruly enters a plea of guilty or no contest, or after an adjudicatory hearing, the court may defer further proceedings and place the child on judicial diversion and probation subject to reasonable conditions, which may include completion of substance abuse and mental health treatment services where appropriate, without entering a judgment of guilty and with the consent of the child. For delinquent offenses, such reasonable conditions must be consistent with a validated risk and needs assessment. Probation conditions must not include a period of detention or placing the child in custody of the department, but may include a transfer or grant pursuant to § 37-1-131(a)(1). A child must not be placed on judicial diversion if the delinquent act alleged is an offense described in § 37-1-153(b)(2), if the child has previously been adjudicated delinquent for such an offense, or if the matter is dismissed after a hearing on the merits.

A judicial diversion agreement shall remain in force for a maximum of six (6) months unless the child is discharged sooner by the court, subject to this subdivision (a)(2). Before expiration of the six-month period, and after notice and a hearing, the court may extend judicial diversion for an additional period not to exceed six (6) months, but only if the court finds and issues a written order that:

  1. States that it is in the best interest of the child that a condition or conditions of judicial diversion remain in effect; and
  2. Specifies the condition or conditions that shall remain in effect and why that continued effectiveness is in the best interest of the child.

If the supervising authority finds that the child has violated the terms or conditions of judicial diversion, the supervising authority may file a petition alleging a violation of the terms or conditions of judicial diversion with the court; provided, that the court, in its discretion, may direct the supervising authority that, in some or all circumstances, such a petition should be filed only if the supervising authority makes and documents attempts to address the noncompliant behavior and determines and documents the reasons for which court intervention is needed to address the noncompliance.

If a violation of any of the terms of judicial diversion probation is alleged, the child shall be given notice of the violation and an opportunity to be heard concerning the alleged violation. If, after a hearing, the court determines that a violation has occurred, the court may enter an adjudication of guilty and proceed to a dispositional hearing. If no violation is found, the court may continue the period of probation or may dismiss the petition.

If, during the period of probation, the child does not violate any of the conditions of the probation, then upon expiration of the period, the court shall discharge the child and dismiss the proceedings against the child.

An individualized case plan shall be developed by the department or supervising authority for every child adjudicated for a delinquent or unruly offense. The case plan shall be updated as appropriate and, in the case of a delinquent offense, shall be informed by the results of a validated risk and needs assessment.

For any child ordered to probation supervision pursuant to § 37-1-131 or § 37-1-132, the supervising authority shall develop and implement an individualized case plan in consultation with the child's parents, guardian, or legal custodian, the child's school, and other appropriate parties, and, for delinquent offenses, such plan shall be based upon the results of a validated risk and needs assessment conducted within seven (7) days of the court's disposition, excluding nonjudicial days.

The person or persons supervising probation shall work with the child and the child's parents, guardian, or legal custodian, and other appropriate parties to implement the case plan following disposition.

At a minimum, the case plan shall:

  1. Identify the actions to be taken by the child and, if appropriate, the child's parents, guardian, or legal custodian, and other appropriate parties to ensure future lawful conduct and compliance with the court's order of disposition; and
  2. Identify the services to be offered and provided to the child and, if appropriate, the child's parents, guardian, or legal custodian, and other appropriate parties, including, where appropriate:
    1. Mental health and substance abuse services;
    2. Education services;
    3. Individual, group, and family counseling services;
    4. Victim or community restitution; and
    5. Services to address other relevant concerns identified by the supervising authority.

For any child committed to the department for a delinquent offense, the department shall ensure, in conjunction with any service provider, that it develops and implements an individualized case plan based upon the recommendations of the child, the child's parents, guardian, or custodian, and other appropriate parties and the results of the validated risk and needs assessment. The case plan shall cover the child's period of commitment to the department as well as home placement supervision.

The department shall work with the child, the child's parents, guardian, or legal custodian, other appropriate parties, and the child's service provider to implement the case plan.

At a minimum, the case plan shall:

  1. Specify treatment goals and the actions to be taken by the child in order to demonstrate satisfactory attainment of each goal;
  2. Specify the services to be offered and provided by the department and any service provider; and
  3. Ensure appropriate reintegration of the child to the child's parents, guardian, or legal custodian, other appropriate parties, the child's school, and the community following the satisfactory completion of the case plan treatment goals, with a protocol and timeline for engaging the child's parents, guardian, or legal custodian prior to the release of the child.

The department and each juvenile court providing supervision services shall adopt a behavior response system that incorporates the following principles:

  1. Behavior responses to children on all types of supervision should be swift, certain, and proportionate and provide for a continuum of options to address violations of the terms and conditions of supervision as well as incentivize positive behaviors on supervision; and
  2. Behavior responses should be targeted to the child's risk and needs and to the severity of the violation of the terms and conditions of supervision.

The behavior response system shall be utilized by all supervising authorities involved in the juvenile justice system and in administering behavior responses on probation, home placement supervision, diversion, or any other type of supervision. The supervising authorities shall use the least restrictive behavior responses, and all violations and positive behaviors shall be documented in the child's individual case plan within three (3) days of occurrence, excluding nonjudicial days, including the type of violation or positive behavior, the response, and the results of the response.

If an unemancipated child commits a delinquent or unruly act that brings the child within the jurisdiction of the juvenile court and if the child's parent or legal guardian, who is not the victim of the act that brings the child within the jurisdiction of the juvenile court, did not take reasonable steps to control such delinquent or unruly conduct, then the court may order the parent or legal guardian to do one (1) or more of the following:

  1. Participate in the child's program of treatment and rehabilitation;
  2. Seek assistance from school officials, social service officials or other appropriate public or private resources and authorities to provide treatment and rehabilitation for the child;
  3. Complete community service work individually or jointly with the child; or
  4. Provide supervision to ensure that the child complies with any and all conditions and requirements that the court has ordered the child to follow.

If the parent or legal guardian violates or refuses to comply with the order of the juvenile court, then the parent or legal guardian may be held in contempt pursuant to § 37-1-158; and the juvenile court may fine the parent or legal guardian up to fifty dollars ($50.00), may incarcerate the parent or legal guardian in the county jail for up to ten (10) days or may impose both fine and incarceration. However, prior to holding any such parent or guardian in contempt, the parent or legal guardian shall be served with notice and shall be given a reasonable opportunity to be heard by the court.

This section shall not apply to the department of children's services acting in its capacity as custodian or guardian of any child.

Probation Officers

Juvenile Justice Family Service Worker

Each county with a population of more than twenty thousand (20,000), according to the 1980 federal census or any subsequent federal census, may establish a full-time youth services officer to assist the court sitting as a juvenile court in relation to cases coming before the court. Counties with a population of twenty thousand (20,000) or less, according to the 1980 federal census or any subsequent federal census, may establish a part-time youth services officer.

The youth services officer shall be paid by the county in which the officer serves and the officer's duties include, but are not limited to, the following:

  1. Intake duties including receiving and examining complaints and allegations of delinquency and unruly behavior for the purpose of conducting a preliminary inquiry;
  2. Counseling;
  3. Record keeping and transmitting information as required by this part or by law to the commission on children and youth or the office of the executive secretary of the Tennessee council of juvenile and family court judges;
  4. Make investigations, reports and recommendations to the judge having juvenile jurisdiction;
  5. Make appropriate referrals to other public or private agencies;
  6. Make predisposition studies and submit reports and recommendations to the court as required; and
  7. Perform other functions as directed by the court or by law including, but not limited to, those set out in § 37-1-105.

After July 1, 1989, any person employed as a youth service officer by the department of children's services shall:

  1. Be at least eighteen (18) years of age;
  2. Be a citizen of the United States;
  3. Have such person's fingerprints on file with the Tennessee bureau of investigation for criminal identification;
  4. Have passed a physical examination by a licensed physician;
  5. Have a good moral character as determined by investigation; and
  6. Have been certified by a Tennessee licensed health care provider qualified in the psychiatric or psychological field as being free from any impairment, as set forth in the current edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM) of the American Psychiatric Association at the time of the examination, that would, in the professional judgment of the examiner, affect the applicant's ability to perform an essential function of the job, with or without a reasonable accommodation.

The judge has authority to appoint one (1) or more probation officers who shall receive such salary as shall be fixed by the county legislative body or as otherwise provided by law.

For the purpose of carrying out the objectives and purposes of this part and subject to the limitations of this part or imposed by the court, a probation officer, or other designated officers of the court, shall:

  1. Make investigations, reports and recommendations to the juvenile court;
  2. Receive and examine complaints and charges of delinquency or unruly conduct and conduct a preliminary inquiry;
  3. Receive and examine complaints of dependency and neglect of a child for the purpose of considering the commencement of proceedings under this part;
  4. Supervise and assist a child placed on probation or in such probation officer's protective supervision or care by order of the court or other authority of law;
  5. Make appropriate referrals to other public or private agencies of the community if their assistance appears to be needed or desirable;
  6. Take into custody and detain a child who is under such probation officer's supervision or care as a delinquent, unruly, or dependent and neglected child if the probation officer, or other designated officers of the court, have reasonable cause to believe that the child's health or safety is in imminent danger, or that such child may abscond or be removed from the jurisdiction of the court, or when ordered by the court pursuant to this part. Such child may be placed in detention or shelter care only if authorized by and in accordance with §§ 37-1-114 and 37-1-115. Except as provided by this part, a probation officer, or other designated officer of the court, does not have the powers of a law enforcement officer. Such probation officer, or other designated officer of the court, shall not conduct accusatory proceedings under this part against a child who is or may be under such officer's care or supervision; and
  7. Perform all other functions designated by this part or by order of the court pursuant thereto.

Any of the functions in subsection (b) may be performed in another state if authorized by the court of this state and permitted by the laws of the other state.

If a child has been placed on probation or protective supervision by a juvenile court of another state and the child is in this state with or without the permission of that court, the probation officer of that court or other person designated by that court to supervise or take custody of the child has all the powers and privileges in this state with respect to the child as given by this part to like officers or persons of this state, including the right of visitation, counseling, control and direction, taking into custody and returning to that state.

Funding

The department, through its commissioner, shall have the authority to receive, administer, allocate, disburse and supervise any grants and funds from whatever sources, including, but not limited to, the federal, state, county and municipal governments on a state, regional, county or any other basis, with respect to any programs or responsibilities outlined in this chapter or assigned to the department by law, regulation or order. Exercise of this authority shall not be inconsistent with laws or regulations governing the appropriation and disbursement of funds as administered by the department of finance and administration.

As used in this section, unless the context otherwise requires:

  1. “Evidence-based” means policies, procedures, programs, and practices demonstrated by scientific research to reliably produce reductions in recidivism or has been rated as effective by a standardized program evaluation tool;
  2. “Pilot program” means a temporary research-based or theory-based program or project that is eligible for funding from any source to determine whether or not evidence supports its continuation beyond the fixed evaluation period. A pilot program shall provide for and include:
    1. Development of a program manual or protocol that specifies the nature, quality, and amount of service that constitutes the program; and
    2. Scientific research using methods that meet high scientific standards for evaluating the effects of such programs must demonstrate on at least an annual basis whether or not the program improves client outcomes central to the purpose of the program;
  3. “Research-based” means a program or practice that has some research demonstrating effectiveness, but that does not yet meet the standard of evidence-based; and
  4. “Theory-based” means a program or practice that has general support among treatment providers and experts, based on experience or professional literature, may have anecdotal or case-study support, and has potential for becoming a research-based program or practice.

The department of children's services, and any other state agency that administers funds related to the prevention, treatment or care of delinquent juveniles, shall not expend state funds on any juvenile justice program or program related to the prevention, treatment or care of delinquent juveniles, including any service model or delivery system in any form or by any name, unless the program is evidence-based. The department shall continue the ongoing research and evaluation of sound, theory-based and research-based programs with the goal of identifying and expanding the number and type of available evidence-based programs, and to that end the department may engage in and fund pilot programs as defined in this section.

Implementation of programs shall be accompanied by monitoring and quality control procedures designed to ensure that they are delivered as prescribed in the applicable program manual or protocol and that corrective action shall be taken when those standards are not met.

The department shall include in any contract with a provider of services related to prevention, treatment or care of delinquent juveniles a provision affirming that the provider shall provide only evidence-based services, except for services that are being provided pursuant to a pilot program as defined in this section, and that the services shall be accompanied by monitoring and quality control procedures that ensure that they are delivered according to the applicable standards. The department may use performance requirements or incentives in determining the amounts payable in contracts or grants.

In order to prevent undue disturbance to existing department programs, the department shall ensure that twenty-five percent (25%) of the funds expended for delinquent juveniles meet the requirements of this section during fiscal year 2009-2010, that fifty percent (50%) of such funds meet the requirements of this section during fiscal year 2010-2011, that seventy-five percent (75%) of such funds meet the requirements of this section during fiscal year 2011-2012, and that one hundred percent (100%) of such funds meet the requirements of this section during fiscal year 2012-2013 and each fiscal year thereafter.

The commissioner is authorized to promulgate rules and regulations to effectuate the purposes of this section. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Fees

Not prescribed in statute.

Additional Resources

Department of Children’s Services: Probation

Department of Children’s Services: Office of Juvenile Justice

Tennessee State Courts: Juvenile & Family Courts

Data Collection

Department of Children’s Services: Juvenile Justice Annual Reports

Tennessee State Courts: Juvenile & Family Courts: Statistics

Citations

Tennessee Rules of Juvenile Procedure, Rule 101 et seq. (Tennessee Rules of Juvenile Practice and Procedure)

T.C.A. § 37-1-101 et seq. (Juvenile Courts and Proceedings)

T.C.A. § 37-5-101 et seq. (Department of Children’s Services)

T.C.A. § 37-4-101 et seq. (Interstate Compact for Juveniles)

 Texas

TX flag

Responsible Branch

Executive

Organization

Probation services are provided by local departments. Resources are available for local departments through the Texas Juvenile Justice Department, Division of Probation Services.

County juvenile probation departments handle most of the sanctions and therapeutic interventions the courts may impose.

State law requires each county to have a juvenile board that oversees the operation of the juvenile probation system in that county. Some of these boards govern multiple counties. The board’s duties include designating juvenile judges, appointing the chief juvenile probation officer and setting the policy and budget for the juvenile probation department.

Purpose

(Juvenile Justice Code)

This title shall be construed to effectuate the following public purposes:

  1. to provide for the protection of the public and public safety;
  2. consistent with the protection of the public and public safety:
    1. to promote the concept of punishment for criminal acts;
    2. to remove, where appropriate, the taint of criminality from children committing certain unlawful acts; and
    3. to provide treatment, training, and rehabilitation that emphasizes the accountability and responsibility of both the parent and the child for the child's conduct;
  3. to provide for the care, the protection, and the wholesome moral, mental, and physical development of children coming within its provisions;
  4. to protect the welfare of the community and to control the commission of unlawful acts by children;
  5. to achieve the foregoing purposes in a family environment whenever possible, separating the child from the child's parents only when necessary for the child's welfare or in the interest of public safety and when a child is removed from the child's family, to give the child the care that should be provided by parents; and
  6. to provide a simple judicial procedure through which the provisions of this title are executed and enforced and in which the parties are assured a fair hearing and their constitutional and other legal rights recognized and enforced.

(Progressive Sanctions Model)

The purposes of the progressive sanctions model are to:

  1. ensure that juvenile offenders face uniform and consistent consequences and punishments that correspond to the seriousness of each offender's current offense, prior delinquent history, special treatment or training needs, and effectiveness of prior interventions;
  2. balance public protection and rehabilitation while holding juvenile offenders accountable;
  3. permit flexibility in the decisions made in relation to the juvenile offender to the extent allowed by law;
  4. consider the juvenile offender's circumstances;
  5. recognize that departure of a disposition from this model is not necessarily undesirable and in some cases is highly desirable; and
  6. improve juvenile justice planning and resource allocation by ensuring uniform and consistent reporting of disposition decisions at all levels.

(Texas Juvenile Justice Department)

This title shall be construed to have the following public purposes:

  1. creating a unified state juvenile justice agency that works in partnership with local county governments, the courts, and communities to promote public safety by providing a full continuum of effective supports and services to youth from initial contact through termination of supervision; and
  2. creating a juvenile justice system that produces positive outcomes for youth, families, and communities by:
    1. assuring accountability, quality, consistency, and transparency through effective monitoring and the use of systemwide performance measures;
    2. promoting the use of program and service designs and interventions proven to be most effective in rehabilitating youth;
    3. prioritizing the use of community-based or family-based programs and services for youth over the placement or commitment of youth to a secure facility;
    4. operating the state facilities to effectively house and rehabilitate the youthful offenders that cannot be safely served in another setting; and
    5. protecting and enhancing the cooperative agreements between state and local county governments.

Interstate Compact Participant

Yes

Process

A juvenile court may defer adjudication proceedings under Section 54.03 for not more than 180 days if the child:

  1. is alleged to have engaged in conduct indicating a need for supervision that violated a penal law of this state of the grade of misdemeanor that is punishable by fine only or a penal ordinance of a political subdivision of this state;
  2. waives, under Section 51.09, the privilege against self-incrimination and testifies under oath that the allegations are true;
  3. presents to the court an oral or written request to attend a teen court program; and
  4. has not successfully completed a teen court program in the two years preceding the date that the alleged conduct occurred.

The teen court program must be approved by the court.

A child for whom adjudication proceedings are deferred under Subsection (a) shall complete the teen court program not later than the 90th day after the date the teen court hearing to determine punishment is held or the last day of the deferral period, whichever date is earlier. The court shall dismiss the case with prejudice at the time the child presents satisfactory evidence that the child has successfully completed the teen court program.

A case dismissed under this section may not be part of the child's records for any purpose.

The court may require a child who requests a teen court program to pay a reimbursement fee not to exceed $10 that is set by the court to cover the costs of administering this section. The court shall deposit the fee in the county treasury of the county in which the court is located. A child who requests a teen court program and does not complete the program is not entitled to a refund of the fee.

A court may transfer a case in which proceedings have been deferred as provided by this section to a court in another county if the court to which the case is transferred consents. A case may not be transferred unless it is within the jurisdiction of the court to which it is transferred.

In addition to the reimbursement fee authorized by Subsection (e), the court may require a child who requests a teen court program to pay a $10 reimbursement fee to cover the cost to the teen court for performing its duties under this section. The court shall pay the fee to the teen court program, and the teen court program must account to the court for the receipt and disbursal of the fee. A child who pays a fee under this subsection is not entitled to a refund of the fee, regardless of whether the child successfully completes the teen court program.

Notwithstanding Subsection (e) or (g), a juvenile court that is located in the Texas-Louisiana border region, as defined by Section 2056.002, Government Code, may charge a reimbursement fee of $20 under those subsections.

In this section:

  1. “Dating violence” has the meaning assigned by Section 70021.
  2. “Family violence” has the meaning assigned by Section 71.004.
  3. “Teen dating violence court program” means a program that includes:
    1. a 12-week program designed to educate children who engage in dating violence and encourage them to refrain from engaging in that conduct;
    2. a dedicated teen victim advocate who assists teen victims by offering referrals to additional services, providing counseling and safety planning, and explaining the juvenile justice system;
    3. a court-employed resource coordinator to monitor children's compliance with the 12-week program;
    4. one judge who presides over all of the cases in the jurisdiction that qualify for the program; and
    5. an attorney in the district attorney's office or the county attorney's office who is assigned to the program.

On the recommendation of the prosecuting attorney, the juvenile court may defer adjudication proceedings under Section 54.03 for not more than 180 days if the child is a first offender who is alleged to have engaged in conduct:

  1. that violated a penal law of this state of the grade of misdemeanor; and
  2. involving dating violence.

For the purposes of Subsection (b), a first offender is a child who has not previously been referred to juvenile court for allegedly engaging in conduct constituting dating violence, family violence, or an assault.

Before implementation, the teen dating violence court program must be approved by:

  1. the court; and
  2. the commissioners court of the county.

A child for whom adjudication proceedings are deferred under Subsection (b) shall:

  1. complete the teen dating violence court program not later than the last day of the deferral period; and
  2. appear in court once a month for monitoring purposes.

The court shall dismiss the case with prejudice at the time the child presents satisfactory evidence that the child has successfully completed the teen dating violence court program.

The court may require a child who participates in a teen dating violence court program to pay a fee not to exceed $10 that is set by the court to cover the costs of administering this section. The court shall deposit the fee in the county treasury of the county in which the court is located.

In addition to the fee authorized by Subsection (g), the court may require a child who participates in a teen dating violence court program to pay a fee of $10 to cover the cost to the teen dating violence court program for performing its duties under this section. The court shall pay the fee to the teen dating violence court program, and the teen dating violence court program must account to the court for the receipt and disbursal of the fee.

The court shall track the number of children ordered to participate in the teen dating violence court program, the percentage of victims meeting with the teen victim advocate, and the compliance rate of the children ordered to participate in the program.

This section applies to a juvenile court or to an alternative juvenile court exercising simultaneous jurisdiction over proceedings under this title and Subtitle E, Title 5, in the manner authorized by Section 51.0413.

A juvenile court may defer adjudication proceedings under Section 54.03 until the child's 18th birthday and require a child to participate in a program established under Section 152.0017, Human Resources Code, if the child:

  1. is alleged to have engaged in delinquent conduct or conduct indicating a need for supervision and may be a victim of conduct that constitutes an offense under Section 20A.02, Penal Code; and
  2. presents to the court an oral or written request to participate in the program.

Following a child's completion of the program, the court shall dismiss the case with prejudice at the time the child presents satisfactory evidence that the child successfully completed the program.

the court or jury may, in addition to any order required or authorized under Section 54.041 or 54.042, place the child on probation on such reasonable and lawful terms as the court may determine:

  1. in the child's own home or in the custody of a relative or other fit person; or
  2. subject to the finding under Subsection (c) on the placement of the child outside the child's home, in:
    1. a suitable foster home;
    2. a suitable public or private residential treatment facility licensed by a state governmental entity or exempted from licensure by state law, except a facility operated by the Texas Juvenile Justice Department; or
    3. a suitable public or private post-adjudication secure correctional facility that meets the requirements of Section 51.125, except a facility operated by the Texas Juvenile Justice Department;

The probation department may assign a sanction level of one to a child referred to the probation department under Section 53.012.

The probation department may assign a sanction level of two to a child for whom deferred prosecution is authorized under Section 53.03.

Subject to Subsection (e), after a child's first commission of delinquent conduct or conduct indicating a need for supervision, the probation department or prosecuting attorney may, or the juvenile court may, in a disposition hearing under Section 54.04 or a modification hearing under Section 54.05, assign a child one of the following sanction levels according to the child's conduct:

  1. for conduct indicating a need for supervision, other than conduct described in Section 503(b)(3) or (4) or a Class A or B misdemeanor, the sanction level is one;
  2. for conduct indicating a need for supervision under Section 51.03(b)(3) or (4) or a Class A or B misdemeanor, other than a misdemeanor involving the use or possession of a firearm, or for delinquent conduct under Section 51.03(a)(2), the sanction level is two;
  3. for a misdemeanor involving the use or possession of a firearm or for a state jail felony or a felony of the third degree, the sanction level is three;
  4. for a felony of the second degree, the sanction level is four;
  5. for a felony of the first degree, other than a felony involving the use of a deadly weapon or causing serious bodily injury, the sanction level is five;
  6. for a felony of the first degree involving the use of a deadly weapon or causing serious bodily injury, for an aggravated controlled substance felony, or for a capital felony, the sanction level is six; or
  7. for a felony of the first degree involving the use of a deadly weapon or causing serious bodily injury, for an aggravated controlled substance felony, or for a capital felony, if the petition has been approved by a grand jury under Section 53.045, or if a petition to transfer the child to criminal court has been filed under Section 54.02, the sanction level is seven.

Subject to Subsection (e), if the child subsequently is found to have engaged in delinquent conduct in an adjudication hearing under Section 54.03 or a hearing to modify a disposition under Section 54.05 on two separate occasions and each involves a violation of a penal law of a classification that is less than the classification of the child's previous conduct, the juvenile court may assign the child a sanction level that is one level higher than the previously assigned sanction level, unless the child's previously assigned sanction level is six.

Subject to Subsection (e), if the child's subsequent commission of delinquent conduct or conduct indicating a need for supervision involves a violation of a penal law of a classification that is the same as or greater than the classification of the child's previous conduct, the juvenile court may assign the child a sanction level authorized by law that is one level higher than the previously assigned sanction level.

Subject to Subsection (e), if the child's previously assigned sanction level is four or five and the child's subsequent commission of delinquent conduct is of the grade of felony, the juvenile court may assign the child a sanction level that is one level higher than the previously assigned sanction level.

The probation department may, in accordance with Section 54.05, request the extension of a period of probation specified under sanction levels one through five if the circumstances of the child warrant the extension.

Before the court assigns the child a sanction level that involves the revocation of the child's probation and the commitment of the child to the Texas Juvenile Justice Department, the court shall hold a hearing to modify the disposition as required by Section 54.05.

A juvenile board shall establish policies that prioritize:

  1. the diversion of children younger than 12 years of age from referral to a prosecuting attorney under Chapter 53, Family Code; and
  2. the limitation of detention of children younger than 12 years of age to circumstances of last resort.

Terms of Probation

Except as provided by Subsection (q), a court or jury may place a child on probation under Subsection (d)(1) for any period, except that probation may not continue on or after the child's 18th birthday. Except as provided by Subsection (q), the court may, before the period of probation ends, extend the probation for any period, except that the probation may not extend to or after the child's 18th birthday.

Sexual Offense Probation

If a court or jury makes a disposition under Section 54.04 in which a child described by Subsection (b) is placed on probation, the court:

  1. may require as a condition of probation that the child:
    1. attend psychological counseling sessions for sex offenders as provided by Subsection (e); and
    2. submit to a polygraph examination as provided by Subsection (f) for purposes of evaluating the child's treatment progress; and
  2. shall require as a condition of probation that the child:
    1. register under Chapter 62, Code of Criminal Procedure; and
    2. submit a blood sample or other specimen to the Department of Public Safety under Subchapter G, Chapter 411, Government Code,1 for the purpose of creating a DNA record of the child, unless the child has already submitted the required specimen under other state law.

This section applies to a child placed on probation for conduct constituting an offense for which the child is required to register as a sex offender under Chapter 62, Code of Criminal Procedure.

Psychological counseling required as a condition of probation under Subsection (a) must be with an individual or organization that:

  1. provides sex offender treatment or counseling;
  2. is specified by the local juvenile probation department supervising the child; and
  3. meets minimum standards of counseling established by the local juvenile probation department.

A polygraph examination required as a condition of probation under Subsection (a) must be administered by an individual who is:

  1. specified by the local juvenile probation department supervising the child; and
  2. licensed as a polygraph examiner under Chapter 1703, Occupations Code.

A local juvenile probation department that specifies a sex offender treatment provider under Subsection (c) to provide counseling to a child shall:

  1. establish with the cooperation of the treatment provider the date, time, and place of the first counseling session between the child and the treatment provider;
  2. notify the child and the treatment provider, not later than the 21st day after the date the order making the disposition placing the child on probation under Section 54.04 becomes final, of the date, time, and place of the first counseling session between the child and the treatment provider; and
  3. require the treatment provider to notify the department immediately if the child fails to attend any scheduled counseling session.

A local juvenile probation department that specifies a polygraph examiner under Subsection (d) to administer a polygraph examination to a child shall arrange for a polygraph examination to be administered to the child:

  1. not later than the 60th day after the date the child attends the first counseling session established under Subsection (e); and
  2. after the initial polygraph examination, as required by Subdivision (1), on the request of the treatment provider specified under Subsection (c).

A court that requires as a condition of probation that a child attend psychological counseling under Subsection (a) may order the parent or guardian of the child to:

  1. attend four sessions of instruction with an individual or organization specified by the court relating to:
    1. sexual offenses;
    2. family communication skills;
    3. sex offender treatment;
    4. victims' rights;
    5. parental supervision; and
    6. appropriate sexual behavior; and
  2. during the period the child attends psychological counseling, participate in monthly treatment groups conducted by the child's treatment provider relating to the child's psychological counseling.

A court that orders a parent or guardian of a child to attend instructional sessions and participate in treatment groups under Subsection (g) shall require:

  1. the individual or organization specified by the court under Subsection (g) to notify the court immediately if the parent or guardian fails to attend any scheduled instructional session; and
  2. the child's treatment provider specified under Subsection (c) to notify the court immediately if the parent or guardian fails to attend a session in which the parent or guardian is required to participate in a scheduled treatment group.

A court that requires as a condition of probation that a child attend psychological counseling under Subsection (a) may, before the date the probation period ends, extend the probation for any additional period necessary to complete the required counseling as determined by the treatment provider, except that the probation may not be extended to a date after the date of the child's 18th birthday, or 19th birthday if the child is placed on determinate sentence probation under Section 54.04(q).

Handgun Probation

If a court or jury places a child on probation under Section 54.04(d) for conduct that violates a penal law that includes as an element of the offense the possession, carrying, using, or exhibiting of a handgun, as defined by Section 46.01, Penal Code, and if at the adjudication hearing the court or jury affirmatively finds that the child personally possessed, carried, used, or exhibited the handgun, the court shall require as a condition of probation that the child, not later than the 30th day after the date the court places the child on probation, notify the juvenile probation officer who is supervising the child of the manner in which the child acquired the handgun, including the date and place of and any person involved in the acquisition.

On receipt of information described by Subsection (a), a juvenile probation officer shall promptly notify the appropriate local law enforcement agency of the information.

Information provided by a child to a juvenile probation officer as required by Subsection (a) and any other information derived from that information may not be used as evidence against the child in any juvenile or criminal proceeding.

Divers License

A juvenile court, in a disposition hearing under Section 54.04, shall:

  1. order the Department of Public Safety to suspend a child's driver's license or permit, or if the child does not have a license or permit, to deny the issuance of a license or permit to the child if the court finds that the child has engaged in conduct that:
    1. violates a law of this state enumerated in Section 521.342(a), Transportation Code; or
    2. violates a penal law of this state or the United States, an element or elements of which involve a severe form of trafficking in persons, as defined by 22 U.S.C. Section 7102; or
  2. notify the Department of Public Safety of the adjudication, if the court finds that the child has engaged in conduct that violates a law of this state enumerated in Section 521.372(a), Transportation Code.

A juvenile court, in a disposition hearing under Section 54.04, may order the Department of Public Safety to suspend a child's driver's license or permit or, if the child does not have a license or permit, to deny the issuance of a license or permit to the child, if the court finds that the child has engaged in conduct that violates Section 28.08, Penal Code.

The order under Subsection (a)(1) shall specify a period of suspension or denial of 365 days.

The order under Subsection (b) shall specify a period of suspension or denial:

  1. not to exceed 365 days; or
  2. of 365 days if the court finds the child has been previously adjudicated as having engaged in conduct violating Section 28.08, Penal Code.

A child whose driver's license or permit has been suspended or denied pursuant to this section may, if the child is otherwise eligible for, and fulfills the requirements for issuance of, a provisional driver's license or permit under Chapter 521, Transportation Code, apply for and receive an occupational license in accordance with the provisions of Subchapter L of that chapter.1

A juvenile court, in a disposition hearing under Section 54.04, may order the Department of Public Safety to suspend a child's driver's license or permit or, if the child does not have a license or permit, to deny the issuance of a license or permit to the child for a period not to exceed 12 months if the court finds that the child has engaged in conduct in need of supervision or delinquent conduct other than the conduct described by Subsection (a).

A juvenile court that places a child on probation under Section 54.04 may require as a reasonable condition of the probation that if the child violates the probation, the court may order the Department of Public Safety to suspend the child's driver's license or permit or, if the child does not have a license or permit, to deny the issuance of a license or permit to the child for a period not to exceed 12 months. The court may make this order if a child that is on probation under this condition violates the probation. A suspension under this subsection is cumulative of any other suspension under this section.

If a child is adjudicated for conduct that violates Section 49.04, 49.07, or 49.08, Penal Code, and if any conduct on which that adjudication is based is a ground for a driver's license suspension under Chapter 524 or 724, Transportation Code, each of the suspensions shall be imposed. The court imposing a driver's license suspension under this section shall credit a period of suspension imposed under Chapter 524 or 724, Transportation Code, toward the period of suspension required under this section, except that if the child was previously adjudicated for conduct that violates Section 49.04, 49.07, or 49.08, Penal Code, credit may not be given.

Graffiti Probation

If a juvenile court places on probation under Section 54.04(d) a child adjudicated as having engaged in conduct in violation of Section 28.08, Penal Code, in addition to other conditions of probation, the court:

  1. shall order the child to:
    1. reimburse the owner of the property for the cost of restoring the property; or
    2. with consent of the owner of the property, restore the property by removing or painting over any markings made by the child on the property; and
  2. if the child made markings on public property, a street sign, or an official traffic-control device in violation of Section 28.08, Penal Code, shall order the child to:
    1. make to the political subdivision that owns the public property or erected the street sign or official traffic-control device restitution in an amount equal to the lesser of the cost to the political subdivision of replacing or restoring the public property, street sign, or official traffic-control device; or
    2. with the consent of the political subdivision, restore the public property, street sign, or official traffic-control device by removing or painting over any markings made by the child on the property, sign, or device.

For purposes of Subsection (a), “official traffic-control device” has the meaning assigned by Section 541.304, Transportation Code.

In addition to a condition imposed under Subsection (a), the court may require the child as a condition of probation to attend a class with instruction in self-responsibility and empathy for a victim of an offense conducted by a local juvenile probation department.

If a juvenile court orders a child to make restitution under Subsection (a) and the child, child's parent, or other person responsible for the child's support is financially unable to make the restitution, the court may order the child to perform a specific number of hours of community service, in addition to the hours required under Subsection (d), to satisfy the restitution.

If a juvenile court places on probation under Section 54.04(d) a child adjudicated as having engaged in conduct in violation of Section 28.08, Penal Code, in addition to other conditions of probation, the court shall order the child to perform:

  1. at least 15 hours of community service if the amount of pecuniary loss resulting from the conduct is $50 or more but less than $500; or
  2. at least 30 hours of community service if the amount of pecuniary loss resulting from the conduct is $500 or more.

The juvenile court shall direct a child ordered to make restitution under this section to deliver the amount or property due as restitution to a juvenile probation department for transfer to the owner. The juvenile probation department shall notify the juvenile court when the child has delivered the full amount of restitution ordered.

Desecrating a Cemetery or Abusing a Corpse Probation

If a juvenile court places on probation under Section 54.04(d) a child adjudicated to have engaged in conduct in violation of Section 28.03(f), Penal Code, involving damage or destruction inflicted on a place of human burial or under Section 42.08, Penal Code, in addition to other conditions of probation, the court shall order the child to make restitution to a cemetery organization operating a cemetery affected by the conduct in an amount equal to the cost to the cemetery of repairing any damage caused by the conduct.

If a juvenile court orders a child to make restitution under Subsection (a) and the child is financially unable to make the restitution, the court may order:

  1. the child to perform a specific number of hours of community service to satisfy the restitution; or
  2. a parent or other person responsible for the child's support to make the restitution in the amount described by Subsection (a).

In this section, “cemetery” and “cemetery organization” have the meanings assigned by Section 711.001, Health and Safety Code.

Sanction Levels

For a child at sanction level one, the juvenile court or probation department may:

  1. require counseling for the child regarding the child's conduct;
  2. inform the child of the progressive sanctions that may be imposed on the child if the child continues to engage in delinquent conduct or conduct indicating a need for supervision;
  3. inform the child's parents or guardians of the parents' or guardians' responsibility to impose reasonable restrictions on the child to prevent the conduct from recurring;
  4. provide information or other assistance to the child or the child's parents or guardians in securing needed social services;
  5. require the child or the child's parents or guardians to participate in a program for services under Section 264.302, if a program under Section 264.302 is available to the child or the child's parents or guardians;
  6. refer the child to a community-based citizen intervention program approved by the juvenile court;
  7. release the child to the child's parents or guardians; and
  8. require the child to attend and successfully complete an educational program described by Section 37.218, Education Code, or another equivalent educational program.

The probation department shall discharge the child from the custody of the probation department after the provisions of this section are met.

For a child at sanction level two, the juvenile court, the prosecuting attorney, or the probation department may, as provided by Section 53.03:

  1. place the child on deferred prosecution for not less than three months or more than six months;
  2. require the child to make restitution to the victim of the child's conduct or perform community service restitution appropriate to the nature and degree of harm caused and according to the child's ability;
  3. require the child's parents or guardians to identify restrictions the parents or guardians will impose on the child's activities and requirements the parents or guardians will set for the child's behavior;
  4. provide the information required under Sections 59.004(a)(2) and (4);
  5. require the child or the child's parents or guardians to participate in a program for services under Section 264.302, if a program under Section 264.302 is available to the child or the child's parents or guardians;
  6. refer the child to a community-based citizen intervention program approved by the juvenile court; and
  7. if appropriate, impose additional conditions of probation.

The juvenile court or the probation department shall discharge the child from the custody of the probation department on the date the provisions of this section are met or on the child's 18th birthday, whichever is earlier.

For a child at sanction level three, the juvenile court may:

  1. place the child on probation for not less than six months;
  2. require the child to make restitution to the victim of the child's conduct or perform community service restitution appropriate to the nature and degree of harm caused and according to the child's ability;
  3. impose specific restrictions on the child's activities and requirements for the child's behavior as conditions of probation;
  4. require a probation officer to closely monitor the child's activities and behavior;
  5. require the child or the child's parents or guardians to participate in programs or services designated by the court or probation officer; and
  6. if appropriate, impose additional conditions of probation.

The juvenile court shall discharge the child from the custody of the probation department on the date the provisions of this section are met or on the child's 18th birthday, whichever is earlier.

For a child at sanction level four, the juvenile court may:

  1. require the child to participate as a condition of probation for not less than three months or more than 12 months in an intensive services probation program that emphasizes frequent contact and reporting with a probation officer, discipline, intensive supervision services, social responsibility, and productive work;
  2. after release from the program described by Subdivision (1), continue the child on probation supervision;
  3. require the child to make restitution to the victim of the child's conduct or perform community service restitution appropriate to the nature and degree of harm caused and according to the child's ability;
  4. impose highly structured restrictions on the child's activities and requirements for behavior of the child as conditions of probation;
  5. require a probation officer to closely monitor the child;
  6. require the child or the child's parents or guardians to participate in programs or services designed to address their particular needs and circumstances; and
  7. if appropriate, impose additional sanctions.

The juvenile court shall discharge the child from the custody of the probation department on the date the provisions of this section are met or on the child's 18th birthday, whichever is earlier.

For a child at sanction level five, the juvenile court may:

  1. as a condition of probation, place the child for not less than six months or more than 12 months in a post-adjudication secure correctional facility;
  2. after release from the program described by Subdivision (1), continue the child on probation supervision;
  3. require the child to make restitution to the victim of the child's conduct or perform community service restitution appropriate to the nature and degree of harm caused and according to the child's ability;
  4. impose highly structured restrictions on the child's activities and requirements for behavior of the child as conditions of probation;
  5. require a probation officer to closely monitor the child;
  6. require the child or the child's parents or guardians to participate in programs or services designed to address their particular needs and circumstances; and
  7. if appropriate, impose additional sanctions.

The juvenile court shall discharge the child from the custody of the probation department on the date the provisions of this section are met or on the child's 18th birthday, whichever is earlier.

For a child at sanction level six, the juvenile court may commit the child to the custody of the Texas Juvenile Justice Department or a post-adjudication secure correctional facility under Section 54.04011(c)(1). The department, juvenile board, or local juvenile probation department, as applicable, may:

  1. require the child to participate in a highly structured residential program that emphasizes discipline, accountability, fitness, training, and productive work for not less than nine months or more than 24 months unless the department, board, or probation department extends the period and the reason for an extension is documented;
  2. require the child to make restitution to the victim of the child's conduct or perform community service restitution appropriate to the nature and degree of the harm caused and according to the child's ability, if there is a victim of the child's conduct;
  3. require the child and the child's parents or guardians to participate in programs and services for their particular needs and circumstances; and
  4. if appropriate, impose additional sanctions.

On release of the child under supervision, the Texas Juvenile Justice Department parole programs or the juvenile board or local juvenile probation department operating parole programs under Section 152.0016(c)(2), Human Resources Code, may:

  1. impose highly structured restrictions on the child's activities and requirements for behavior of the child as conditions of release under supervision;
  2. require a parole officer to closely monitor the child for not less than six months; and
  3. if appropriate, impose any other conditions of supervision.

The Texas Juvenile Justice Department, juvenile board, or local juvenile probation department may discharge the child from the custody of the department, board, or probation department, as applicable, on the date the provisions of this section are met or on the child's 19th birthday, whichever is earlier.

For a child at sanction level seven, the juvenile court may certify and transfer the child under Section 54.02 or sentence the child to commitment to the Texas Juvenile Justice Department under Section 54.04(d)(3), 54.04(m), or 54.05(f) or to a post-adjudication secure correctional facility under Section 54.04011(c)(2). The department, juvenile board, or local juvenile probation department, as applicable, may:

  1. require the child to participate in a highly structured residential program that emphasizes discipline, accountability, fitness, training, and productive work for not less than 12 months or more than 10 years unless the department, board, or probation department extends the period and the reason for the extension is documented;
  2. require the child to make restitution to the victim of the child's conduct or perform community service restitution appropriate to the nature and degree of harm caused and according to the child's ability, if there is a victim of the child's conduct;
  3. require the child and the child's parents or guardians to participate in programs and services for their particular needs and circumstances; and
  4. impose any other appropriate sanction.

On release of the child under supervision, the Texas Juvenile Justice Department parole programs or the juvenile board or local juvenile probation department parole programs under Section 152.0016(c)(2), Human Resources Code, may:

  1. impose highly structured restrictions on the child's activities and requirements for behavior of the child as conditions of release under supervision;
  2. require a parole officer to monitor the child closely for not less than 12 months; and
  3. impose any other appropriate condition of supervision.

A juvenile board shall require the juvenile probation department to report progressive sanction data electronically to the Texas Juvenile Justice Department in the format and time frames specified by the Texas Juvenile Justice Department.

Probation Officers

A juvenile probation officer or an employee of a juvenile probation community service restitution program is not liable for damages arising from an act or failure to act in connection with manual labor performed by a child who has been placed on informal adjustment or who has been adjudicated a delinquent child or a child in need of supervision and the labor was performed as a condition to probation ordered under Section 54.04(d)(1), Family Code, and the act or failure to act was not intentional, wilfully or wantonly negligent, or performed with conscious indifference or reckless disregard for the safety of others.

Juvenile probation personnel employed by a political subdivision of the state are state employees for the purposes of Chapter 104, Civil Practice and Remedies Code.

A juvenile probation officer or an employee of a juvenile probation community service restitution program is not liable for damages arising from an act or failure to act by a juvenile probation officer or an employee of a juvenile probation community service restitution program in connection with manual labor performed as a condition of probation ordered under Section 54.04(d)(1), Family Code, if the act or failure to act:

  1. was performed in an official capacity; and
  2. was not intentional, wilfully or wantonly negligent, or performed with conscious indifference or reckless disregard for the safety of others.

Funding

The department shall annually allocate funds for financial assistance to juvenile boards to provide juvenile services according to current estimates of the number of juveniles in each county, a basic probation funding formula for departments that clearly defines what basic probation entails and which services are provided, and other factors the department determines are appropriate.

The legislature may appropriate the amount of state aid necessary to supplement local funds to maintain and improve statewide juvenile services that comply with department standards and to initiate and support the regionalization plan under Section 203.017 so that savings are generated by decreases in the population of department facilities operated under Subtitle C.

The department shall set aside a portion of the funds appropriated to the department for discretionary state aid to fund programs designed to address special needs or projects of local juvenile boards, including projects dedicated to specific target populations based on risk and needs, and with established recidivism reduction goals. The department shall develop discretionary grant funding protocols based on documented, data-driven, and research-based practices.

The department shall reimburse counties for the placement of children in the regional specialized program at a rate that offers a savings to the state in relation to the average cost per day for confining a child in a department facility operated under Subtitle C.

The department may not adversely impact the state aid for a juvenile board or a juvenile probation department that does not enter into a contract to serve youth from other counties, or does not act as a regional facility.

A juvenile board or juvenile probation department may not be required to accept a child for placement in a post-adjudication correctional facility, unless the child is subject to an order issued by a juvenile court served by that board or department.

To receive the full amount of state aid funds for which a juvenile board may be eligible, a juvenile board must demonstrate to the department's satisfaction that the amount of local or county funds budgeted for juvenile services is at least equal to the amount spent, excluding construction and capital outlay expenses, for those services in the 1994 county fiscal year. The department may waive this requirement only if the juvenile board demonstrates to the department that unusual, catastrophic, or exceptional circumstances existed during the relevant year to affect adversely the level of county funding. If the required amount of local funding is not budgeted and the department does not grant a waiver, the department shall reduce the allocation of state aid funds to the juvenile board by the amount equal to the amount that the county funding is below the required funding.

For purposes of Subsection (a), the amount spent on juvenile detention and correctional facilities is included in determining the amount of local or county funds. The amount spent for construction or renovation is not included.

The department must be satisfied at the end of each county fiscal year that the juvenile board actually spent local or county funds for juvenile services in the amount demonstrated to the department at the beginning of the fiscal year.

The department may require a rebate of state aid, or withhold state aid to which the juvenile board would otherwise be entitled, as necessary to satisfy the requirement that a juvenile board spend funds as demonstrated.

Fees

If a disposition hearing is held under Section 54.04 of this code, the juvenile court, after giving the child, parent, or other person responsible for the child's support a reasonable opportunity to be heard, shall order the child, parent, or other person, if financially able to do so, to pay a fee as costs of court of $20.

Orders for the payment of fees under this section may be enforced as provided by Section 54.07 of this code.

An officer collecting costs under this section shall keep separate records of the funds collected as costs under this section and shall deposit the funds in the county treasury.

Each officer collecting court costs under this section shall file the reports required under Article 103.005, Code of Criminal Procedure. If no funds due as costs under this section have been collected in any quarter, the report required for each quarter shall be filed in the regular manner, and the report must state that no funds due under this section were collected.

The custodian of the county treasury may deposit the funds collected under this section in interest-bearing accounts. The custodian shall keep records of the amount of funds on deposit collected under this section and not later than the last day of the month following each calendar quarter shall send to the comptroller of public accounts the funds collected under this section during the preceding quarter. A county may retain 10 percent of the funds as a service fee and may retain the interest accrued on the funds if the custodian of a county treasury keeps records of the amount of funds on deposit collected under this section and remits the funds to the comptroller within the period prescribed under this subsection.

Funds collected are subject to audit by the comptroller and funds expended are subject to audit by the State Auditor.

The comptroller shall deposit the funds in a special fund to be known as the juvenile probation diversion fund.

The legislature shall determine and appropriate the necessary amount from the juvenile probation diversion fund to the Texas Juvenile Justice Department for the purchase of services the department considers necessary for the diversion of any juvenile who is at risk of commitment to the department. The department shall develop guidelines for the use of the fund. The department may not purchase the services if a person responsible for the child's support or a local juvenile probation department is financially able to provide the services.

If a child is adjudicated as having engaged in delinquent conduct that violates Section 28.08, Penal Code, the juvenile court shall order the child, parent, or other person responsible for the child's support to pay to the court a $50 juvenile delinquency prevention fee as a cost of court.

The court shall deposit fees received under this section to the credit of the county juvenile delinquency prevention fund provided for under Article 102.0171, Code of Criminal Procedure.

If the court finds that a child, parent, or other person responsible for the child's support is unable to pay the juvenile delinquency prevention fee required under Subsection (a), the court shall enter into the child's case records a statement of that finding. The court may waive a fee under this section only if the court makes the finding under this subsection.

If a child is placed on probation under Section 54.04(d)(1) of this code, the juvenile court, after giving the child, parent, or other person responsible for the child's support a reasonable opportunity to be heard, shall order the child, parent, or other person, if financially able to do so, to pay to the court a fee of not more than $15 a month during the period that the child continues on probation.

Orders for the payment of fees under this section may be enforced as provided by Section 54.07 of this code.

The court shall deposit the fees received under this section in the county treasury to the credit of a special fund that may be used only for juvenile probation or community-based juvenile corrections services or facilities in which a juvenile may be required to live while under court supervision.

If the court finds that a child, parent, or other person responsible for the child's support is financially unable to pay the probation fee required under Subsection (a), the court shall enter into the records of the child's case a statement of that finding. The court may waive a fee under this section only if the court makes the finding under this subsection.

Additional Resources

Texas Juvenile Justice Department, Division of Probation Services

Texas Juvenile Justice Department

Texas Juvenile Probation Directory

2020 Juvenile Justice Handbook

Data Collection

Not Available.

Citations

V.T.C.A., Government Code § 24.601 et seq. (Family District Courts)

V.T.C.A., Family Code § 51.01 et seq. (Juvenile Justice Code)

V.T.C.A., Human Resources Code § 142.001 et seq. (Juvenile Boards, Juvenile Probation Departments, and Family Services Offices)

V.T.C.A., Human Resources Code § 201.001 et seq. (Texas Juvenile Justice Board and Texas Juvenile Justice Department)

 Utah

UT flag

Responsible Branch

Judicial

Organization

Probation services are provided at the district level by the juvenile court system.

Purpose

The purpose of the court under this chapter is to:

  1. promote public safety and individual accountability by the imposition of appropriate sanctions on persons who have committed acts in violation of law;
  2. order appropriate measures to promote guidance and control, preferably in the minor's own home, as an aid in the prevention of future unlawful conduct and the development of responsible citizenship;
  3. where appropriate, order rehabilitation, reeducation, and treatment for persons who have committed acts bringing them within the court's jurisdiction;
  4. adjudicate matters that relate to minors who are beyond parental or adult control and to establish appropriate authority over these minors by means of placement and control orders;
  5. adjudicate matters that relate to abused, neglected, and dependent children and to provide care and protection for minors by placement, protection, and custody orders;
  6. remove a minor from parental custody only where the minor's safety or welfare, or the public safety, may not otherwise be adequately safeguarded; and
  7. consistent with the ends of justice, act in the best interests of the minor in all cases and preserve and strengthen family ties. (Juvenile Court)

Interstate Compact Participant

Yes

Process

A law enforcement officer or any other person having knowledge of or reason to believe facts that would bring a minor within the court's jurisdiction for delinquency may refer the minor to the court by submitting a written report, on forms prescribed by the court. The report shall indicate whether the alleged offense is a felony, misdemeanor, infraction, or status offense. An intake officer of the probation department shall make a preliminary determination, with the assistance of the prosecuting attorney if necessary, as to whether the minor qualifies for a nonjudicial adjustment. If the referral does not establish that the minor qualifies for a nonjudicial adjustment, the intake officer shall forward the referral to the prosecutor.

If the minor qualifies for a nonjudicial adjustment pursuant to statute, the probation intake officer shall offer a nonjudicial adjustment to the minor.

If a minor does not qualify for a nonjudicial adjustment, the probation intake officer may conduct one or more interviews with the minor, or if a child, then with the child and at least one of the child's parent, guardian or custodian and may invite the referring party and the victim, if any, to attend or otherwise seek further information from them. Attendance at any such interview shall be voluntary and the probation intake officer may not compel the disclosure of any information or the visiting of any place.

In any such interview, the minor, or if a child, then the child and the child's parent, guardian or custodian must be advised that the interview is voluntary, that they have a right to have counsel present to represent the minor, that the minor has the right not to disclose any information, and that any information disclosed that could tend to incriminate the minor cannot be used against the minor in court to prove whether the minor committed the offense alleged in the referral.

If the probation intake officer concludes on the basis of the preliminary inquiry that nonjudicial adjustment is appropriate and is authorized by law, the officer may seek agreement with the minor, or if a child, then with the child and the child's parent, guardian or custodian to a proposed nonjudicial adjustment.

If an agreement is reached and the terms and conditions agreed upon are satisfactorily complied with by the minor, or if a child, then with the child and the child's parent, guardian or custodian, the case shall be closed without petition. Such resolution of the case shall not be deemed an adjudication of jurisdiction of the court and shall not constitute an official record of juvenile court action or disposition. A nonjudicial adjustment may be considered by the probation intake officer in a subsequent preliminary inquiry and by the court for purposes of disposition only following adjudication of a subsequent delinquency involving the same minor.

Attempts to effect nonjudicial adjustment of a case shall not extend beyond 90 days without authorization by the court, and then for no more than an additional 90 days.

A minor may be taken into custody by a peace officer without a court order if the officer has probable cause to believe that:

  1. the minor has committed an offense under municipal, state, or federal law;
  2. the minor has committed an act which if committed by an adult would be a felony;
  3. the minor:

 

      1. is seriously endangered in the minor's surroundings; or
      2. seriously endangers others; and
    1. immediate removal appears to be necessary for the minor's protection or the protection of others;
  1. the minor has run away or escaped from the minor's parents, guardian, or custodian; or
  2. that the minor is:
    1. subject to the state's compulsory education law; and
    2. absent from school without legitimate or valid excuse, subject to Section 53G-6-208.

A private citizen or a probation officer may take a minor into custody if under the circumstances the private citizen or probation officer could make a citizen's arrest if the minor was an adult.

A probation officer may take a minor into custody:

  1. under the same circumstances as a peace officer in Subsection (1);
  2. if the minor has violated the conditions of probation;
  3. if the minor is under the continuing jurisdiction of the juvenile court; or
  4. in emergency situations in which a peace officer is not immediately available.

If an officer or other person takes a minor into temporary custody under Subsection (1) or (2), the officer or person shall, without unnecessary delay, notify the parents, guardian, or custodian.

The minor shall then be released to the care of the minor's parent or other responsible adult, unless the minor's immediate welfare or the protection of the community requires the minor's detention.

If the minor is taken into custody under Subsection (1) or (2) or placed in detention under Subsection (4) for a violent felony, as defined in Section 76-3-203.5, or an offense in violation of Title 76, Chapter 10, Part 5, Weapons, the officer or other law enforcement agent taking the minor into custody shall, as soon as practicable or as established under Subsection 53G-8-402(2), notify the school superintendent of the district in which the minor resides or attends school for the purposes of the minor's supervision and student safety.

The notice shall disclose only:

  1. the name of the minor;
  2. the offense for which the minor was taken into custody or detention; and
  3. if available, the name of the victim, if the victim:
    1. resides in the same school district as the minor; or
    2. attends the same school as the minor.
    3. The notice shall be classified as a protected record under Section 63G-2-305.
    4. All other records disclosures are governed by Title 63G, Chapter 2, Government Records Access and Management Act, and the federal Family Educational Rights and Privacy Act.

Employees of a governmental agency are immune from any criminal liability for providing or failing to provide the information required by this section unless the person acts or fails to act due to malice, gross negligence, or deliberate indifference to the consequences.

Before the minor is released, the parent or other person to whom the minor is released shall be required to sign a written promise on forms supplied by the court to bring the minor to the court at a time set or to be set by the court.

A child may not be held in temporary custody by law enforcement any longer than is reasonably necessary to obtain the child's name, age, residence, and other necessary information and to contact the child's parents, guardian, or custodian.

If the minor is not released under Subsection (3), the minor shall be taken to a place of detention or shelter without unnecessary delay.

The person who takes a minor to a detention or shelter facility shall promptly file with the detention or shelter facility a written report on a form provided by the division stating:

  1. the details of the presently alleged offense;
  2. the facts that bring the minor within the jurisdiction of the juvenile court;
  3. the reason the minor was not released by law enforcement; and
  4. the eligibility of the minor under the division guidelines for detention admissions established by the Division of Juvenile Justice Services under Section 62A-7-202 if the minor is under consideration for detention.

The designated facility staff person shall immediately review the form and determine, based on the guidelines for detention admissions established by the Division of Juvenile Justice Services under Section 62A-7-202, the results of the detention risk assessment, and the criteria for detention eligibility under Section 78A-6-113, whether to:

  1. admit the minor to secure detention;
  2. admit the minor to home detention;
  3. place the minor in another alternative to detention; or
  4. return the minor home upon written promise to bring the minor to the court at a time set, or without restriction.

If the designated facility staff person determines to admit the minor to home detention, that staff person shall notify the juvenile court of that determination. The court shall order that notice be provided to the designated persons in the local law enforcement agency and the school or transferee school, if applicable, which the minor attends of the home detention. The designated persons may receive the information for purposes of the minor's supervision and student safety.

Any employee of the local law enforcement agency and the school that the minor attends who discloses the notification of home detention is not:

  1. civilly liable except when disclosure constitutes fraud or willful misconduct as provided in Section 63G-7-202; and
  2. civilly or criminally liable except when disclosure constitutes a knowing violation of Section 63G-2-801.

The person who takes a minor to a detention facility or the designated facility staff person may release a minor to a less restrictive alternative even if the minor is eligible for secure detention under this Subsection (5).

A minor may not be admitted to detention unless:

  1. the minor is detainable based on the guidelines; or
  2. the minor has been brought to detention in accordance with:
    1. a judicial order; or
    2. a division warrant in accordance with Section 62A-7-504.

If a minor taken to detention does not qualify for admission under the guidelines established by the division under Section 62A-7-104 or the eligibility criteria under Subsection (4) and this Subsection (5), detention staff shall arrange an appropriate alternative.

If a minor is taken into custody and admitted to a secure detention or shelter facility, facility staff shall:

  1. immediately notify the minor's parents, guardian, or custodian; and
  2. promptly notify the court of the placement.

If the minor is admitted to a secure detention or shelter facility outside the county of the minor's residence and it is determined in the hearing held under Subsection 78A-6-113(3) that detention shall continue, the judge or commissioner shall direct the sheriff of the county of the minor's residence to transport the minor to a detention or shelter facility as provided in this section.

An individual may be taken into custody by a peace officer without a court order:

  1. if the individual is in apparent violation of a protective order; or
  2. if there is reason to believe that a child is being abused by the individual and any of the situations described in Section 77-7-2 exist.

As used in this section, “referral” means a formal referral, a referral to the court under Section 53G-8-211 or Subsection 78A-6-601 (2)(b), or a citation issued to a minor for which the court receives notice under Section 78A-6-603.

A peace officer, or a public official of the state, a county, city, or town charged with the enforcement of the laws of the state or local jurisdiction, shall file a formal referral with the court within 10 days of a minor's arrest.

If the arrested minor is taken to a detention facility, the peace officer, or public official, shall file the formal referral with the court within 24 hours.

A peace officer, public official, school district, or school may only make a referral to the court under Section 53G-8-211 for an offense that is subject to referral under Section 53G-8-211.

If the court receives a referral for a minor who is, or appears to be, within the court's jurisdiction, the court's probation department shall make a preliminary inquiry in accordance with Subsections (5), (6), and (7) to determine whether the minor is eligible to enter into a nonjudicial adjustment.

If a minor is referred to the court for multiple offenses arising from a single criminal episode, and the minor is eligible under this section for a nonjudicial adjustment, the court's probation department shall offer the minor one nonjudicial adjustment for all offenses arising from the single criminal episode.

The court's probation department may:

  1. conduct a validated risk and needs assessment; and
  2. request that a prosecuting attorney review a referral in accordance with Subsection (11) if:
    1. the results of the validated risk and needs assessment indicate the minor is high risk; or
    2. the results of the validated risk and needs assessment indicate the minor is moderate risk and the referral is for a class A misdemeanor violation under Title 76, Chapter 5, Offenses Against the Person, or Title 76, Chapter 9, Part 7, Miscellaneous Provisions.

If a minor violates Section 41-6a-502, the minor shall:

  1. undergo a drug and alcohol screening;
  2. if found appropriate by the screening, participate in an assessment; and
  3. if warranted by the screening and assessment, follow the recommendations of the assessment.

Except as provided in Subsection (7)(b), the probation department shall request that a prosecuting attorney review a referral in accordance with Subsection (11) if:

  1. the referral involves:
    1. a felony offense; or
    2. a violation of:
      1. Section 41-6a-502, driving under the influence;
      2. Section 76-5-112, reckless endangerment creating a substantial risk of death or serious bodily injury;
      3. Section 76-5-206, negligent homicide;
      4. Section 76-9-702.1, sexual battery;
      5. Section 76-10-505.5, possession of a dangerous weapon, firearm, or short barreled shotgun on or about school premises; or
      6. Section 76-10-509, possession of a dangerous weapon by minor, but only if the dangerous weapon is a firearm;
  2. the minor has a current suspended order for custody under Subsection 78A-6-117(5)(a); or
  3. the referral involves an offense alleged to have occurred before an individual was 12 years old and the offense is a felony violation of:
    1. Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
    2. Section 76-5-202, aggravated murder or attempted aggravated murder;
    3. Section 76-5-203, murder or attempted murder;
    4. Section 76-5-302, aggravated kidnapping;
    5. Section 76-5-405, aggravated sexual assault;
    6. Section 76-6-103, aggravated arson;
    7. Section 76-6-203, aggravated burglary;
    8. Section 76-6-302, aggravated robbery; or
    9. Section 76-10-508.1, felony discharge of a firearm.

Except as provided in Subsections (5) and (6), the court's probation department shall offer a nonjudicial adjustment to a minor if the minor:

  1. is referred for an offense that is a misdemeanor, infraction, or status offense;
  2. has no more than two prior adjudications; and
  3. has no more than three prior unsuccessful nonjudicial adjustment attempts.

If the court receives a referral for an offense that is alleged to have occurred before an individual was 12 years old, the court's probation department shall offer a nonjudicial adjustment to the individual, unless the referral includes an offense described in Subsection (6)(c).

For purposes of determining a minor's eligibility for a nonjudicial adjustment under this Subsection (7), the court's probation department shall treat all offenses arising out of a single criminal episode that resulted in a nonjudicial adjustment as one prior nonjudicial adjustment.

For purposes of determining a minor's eligibility for a nonjudicial adjustment under this Subsection (7), the court's probation department shall treat all offenses arising out of a single criminal episode that resulted in one or more prior adjudications as a single adjudication.

Except as provided in Subsection (6), the court's probation department may offer a nonjudicial adjustment to a minor who does not meet the criteria provided in Subsection (7)(a).

For a nonjudicial adjustment, the court's probation department may require a minor to:

  1. pay a financial penalty of no more than $250 to the juvenile court, subject to the terms established under Subsection (10)(c);
  2. pay restitution to any victim;
  3. complete community or compensatory service;
  4. attend counseling or treatment with an appropriate provider;
  5. attend substance abuse treatment or counseling;
  6. comply with specified restrictions on activities or associations;
  7. attend victim-offender mediation if requested by the victim; and
  8. comply with any other reasonable action that is in the interest of the minor, the community, or the victim.

Within seven days of receiving a referral that appears to be eligible for a nonjudicial adjustment in accordance with Subsection (7), the court's probation department shall provide an initial notice to reasonably identifiable and locatable victims of the offense contained in the referral.

The victim shall be responsible to provide to the probation department upon request:

  1. invoices, bills, receipts, and any other evidence of injury, loss of earnings, and out-of-pocket loss;
  2. documentation and evidence of compensation or reimbursement from an insurance company or an agency of the state, any other state, or the federal government received as a direct result of the crime for injury, loss of earnings, or out-of-pocket loss; and
  3. proof of identification, including home and work address and telephone numbers.

The inability, failure, or refusal of the victim to provide all or part of the requested information shall result in the probation department determining restitution based on the best information available.

The court's probation department may not predicate acceptance of an offer of a nonjudicial adjustment on an admission of guilt.

The court's probation department may not deny a minor an offer of a nonjudicial adjustment due to a minor's inability to pay a financial penalty under Subsection (8).

The court's probation department shall base a fee, fine, or the restitution for a nonjudicial adjustment under Subsection (8) upon the ability of the minor's family to pay as determined by a statewide sliding scale developed in accordance with Section 63M-7-208 on or after July 1, 2018.

A nonjudicial adjustment may not extend for more than 90 days, unless a juvenile court judge extends the nonjudicial adjustment for an additional 90 days.

Notwithstanding Subsection (10)(d), a juvenile court judge may extend a nonjudicial adjustment beyond the 180 days permitted under Subsection (10)(d) for a minor who is offered a nonjudicial adjustment under Subsection (7)(b) for a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses, or is referred under Subsection (11)(b)(ii) for a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses, that the minor committed before the minor was 12 years old, if the judge determines that:

  1. the nonjudicial adjustment requires specific treatment for the sexual offense;
  2. the treatment cannot be completed within 180 days after the day on which the minor entered into the nonjudicial adjustment; and
  3. the treatment is necessary based on a clinical assessment that is developmentally appropriate for the minor.

If a juvenile court judge extends a minor's nonjudicial adjustment under Subsection (10)(e)(i), the judge may extend the nonjudicial adjustment until the minor completes the treatment under this Subsection (10)(e), but the judge may only grant each extension for 90 days at a time.

If a minor violates Section 76-10-105, the minor may be required to pay a fine or penalty and participate in a court-approved tobacco education program with a participation fee.

If a prosecuting attorney is requested to review a referral in accordance with Subsection (5) or (6), a minor fails to substantially comply with a condition agreed upon as part of the nonjudicial adjustment, or a minor is not offered or declines a nonjudicial adjustment in accordance with Subsection (7), the prosecuting attorney shall:

  1. review the case; and
    1. dismiss the case;
    2. refer the case back to the probation department for a new attempt at nonjudicial adjustment; or
    3. except as provided in Subsections (12)(b), (13), and 78A-6-602.5(2), file a petition with the court.

A prosecuting attorney may file a petition only upon reasonable belief that:

  1. the charges are supported by probable cause;
  2. admissible evidence will be sufficient to support adjudication beyond a reasonable doubt; and
  3. the decision to charge is in the interests of justice.

Failure to pay a fine or fee may not serve as a basis for filing of a petition under Subsection (11)(b)(iii) if the minor has substantially complied with the other conditions agreed upon in accordance with Subsection (8) or conditions imposed through any other court diversion program.

A prosecuting attorney may not file a petition against a minor unless:

  1. the prosecuting attorney has statutory authority to file the petition under Section 78A-6-602.5; and
    1. the minor does not qualify for a nonjudicial adjustment under Subsection (7);
    2. the minor declines a nonjudicial adjustment;
    3. the minor fails to substantially comply with the conditions agreed upon as part of the nonjudicial adjustment;
    4. the minor fails to respond to the probation department's inquiry regarding eligibility for or an offer of a nonjudicial adjustment after being provided with notice for preliminary inquiry; or
    5. the prosecuting attorney is acting under Subsection (11).

If the prosecuting attorney files a petition in court or a proceeding is commenced against a minor under Section 78A-6-603, the court may refer the case to the probation department for another offer of nonjudicial adjustment.

A prosecuting attorney shall file a petition to commence a proceeding against a minor for an adjudication of an alleged offense, except as provided in:

  1. Subsection (2);
  2. Section 78A-6-603;
  3. Section 78A-6-702; and
  4. Section 78A-6-703.3.

A prosecuting attorney may not file a petition under Subsection (1) against an individual for an offense alleged to have occurred before the individual was 12 years old, unless:

  1. the individual is alleged to have committed a felony violation of:
    1. Section 76-5-103, aggravated assault resulting in serious bodily injury to another;
    2. Section 76-5-202, aggravated murder or attempted aggravated murder;
    3. Section 76-5-203, murder or attempted murder;
    4. Section 76-5-302, aggravated kidnapping;
    5. Section 76-5-405, aggravated sexual assault;
    6. Section 76-6-103, aggravated arson;
    7. Section 76-6-203, aggravated burglary;
    8. Section 76-6-302, aggravated robbery; or
    9. Section 76-10-508.1, felony discharge of a firearm; or
  2. an offer for a nonjudicial adjustment is made under Section 78A-6-602 and the minor:
    1. declines to accept the offer for the nonjudicial adjustment; or
    2. fails to substantially comply with the conditions agreed upon as part of the nonjudicial adjustment.

The probation department or other agency designated by the court shall make a dispositional report in writing in all minor's cases in which a petition has been filed, except that the court may dispense with the study and report in cases involving violations of traffic laws or ordinances, violations of wildlife laws, boating laws, and other minor cases.

When preparing a dispositional report and recommendation in a delinquency action, the probation department or other agency designated by the court shall consider the juvenile sentencing guidelines developed in accordance with Section 63M-7-404 and any aggravating or mitigating circumstances.

Where the allegations of a petition filed under Subsection 78A-6-103(1) are denied, the investigation may not be made until the court has made an adjudication.

Youth court is a diversion program that provides an alternative disposition for cases involving juvenile offenders in which youth participants, under the supervision of an adult coordinator, may serve in various capacities within the courtroom, acting in the role of jurors, lawyers, bailiffs, clerks, and judges.

Youth who appear before youth courts have been identified by law enforcement personnel, school officials, a prosecuting attorney, or the juvenile court as having committed acts which indicate a need for intervention to prevent further development toward juvenile delinquency, but which appear to be acts that can be appropriately addressed outside the juvenile court process.

Youth courts may only hear cases as provided for in this part.

Youth court is a diversion program and not a court established under the Utah Constitution, Article VIII.

A youth court may not accept referrals from law enforcement, schools, prosecuting attorneys, or a juvenile court unless the youth court is certified by the Utah Youth Court Board.

Any person may refer youth to a youth court for minor offenses or for any other eligible offense under Section 53G-8-211. Once a referral is made, the case shall be screened by an adult coordinator to determine whether it qualifies as a youth court case.

Youth courts have authority over youth:

  1. referred for one or more minor offenses or who are referred for other eligible offenses under Section 53G-8-211, or who are granted permission for referral under this part;
  2. who, along with a parent, guardian, or legal custodian, voluntarily and in writing, request youth court involvement; and
  3. who, along with a parent, guardian, or legal custodian, agree to follow the youth court disposition of the case.

Except with permission granted under Subsection (6), or pursuant to Section 53G-8-211, youth courts may not exercise authority over youth who are under the continuing jurisdiction of the juvenile court for law violations, including any youth who may have a matter pending which has not yet been adjudicated. Youth courts may, however, exercise authority over youth who are under the continuing jurisdiction of the juvenile court as set forth in this Subsection (5) if the offense before the youth court is not a law violation, and the referring agency has notified the juvenile court of the referral.

Youth courts may exercise authority over youth described in Subsection (5), and over any other offense with the permission of the juvenile court and the prosecuting attorney in the county or district that would have jurisdiction if the matter were referred to juvenile court.

Permission of the juvenile court may be granted by a probation officer of the court in the district that would have jurisdiction over the offense being referred to youth court.

Youth courts may decline to accept a youth for youth court disposition for any reason and may terminate a youth from youth court participation at any time.

A youth or the youth's parent, guardian, or legal custodian may withdraw from the youth court process at any time. The youth court shall immediately notify the referring source of the withdrawal.

The youth court may transfer a case back to the referring source for alternative handling at any time.

Referral of a case to youth court may not, if otherwise eligible, prohibit the subsequent referral of the case to any court.

Proceedings and dispositions of a youth court may only be shared with the referring agency, juvenile court, and victim.

When a person does not complete the terms ordered by a youth court, and if the case is referred to a juvenile court, the youth court shall provide the case file to the juvenile court.

Youth court dispositional options include:

  1. compensatory service;
  2. participation in law-related educational classes, appropriate counseling, treatment, or other educational programs;
  3. providing periodic reports to the youth court;
  4. participating in mentoring programs;
  5. participation by the youth as a member of a youth court;
  6. letters of apology;
  7. essays; and
  8. any other disposition considered appropriate by the youth court and adult coordinator.

Youth courts may not impose a term of imprisonment or detention and may not impose fines.

Youth court dispositions shall be completed within 180 days from the date of referral.

Youth court dispositions shall be reduced to writing and signed by the youth and a parent, guardian, or legal custodian indicating their acceptance of the disposition terms.

Youth court shall notify the referring source if a participant fails to successfully complete the youth court disposition. The referring source may then take any action it considers appropriate.

Youth courts may require that the youth pay a reasonable fee, not to exceed $50, to participate in youth court. This fee may be reduced or waived by the youth court in exigent circumstances. This fee shall be paid to and accounted for by the sponsoring entity. The fees collected shall be used for supplies and any training requirements.

Youth court participants are responsible for the all expenses of any classes, counseling, treatment, or other educational programs that are the disposition of the youth court.

Terms of Probation

At the time of disposition in any case wherein a minor is placed on probation, under protective supervision or in the legal custody of an individual or agency, the court shall also order that the individual supervising the minor or the placement, submit a written report to the court at a future date and appear personally, if directed by the court, for the purpose of a court review of the case. If a date certain is not scheduled at the time of disposition, notice by mail of such review shall be given by the petitioner, if the review is a mandatory review, or by the party requesting the review to the supervising agency not less than 5 days prior to the review. Such notice shall also be given to the guardian ad litem, if one was appointed.

No modification of a prior dispositional order shall be made at a paper review that would have the effect of further restricting the rights of the parent, guardian, custodian or minor, unless the affected parent, guardian custodian or minor waives the right to a hearing and stipulates to the modification. If a guardian ad litem is representing the minor, the court shall give a copy of the submitted documents to the guardian ad litem prior to the paper review.

Review Hearings.

Any party in a case subject to review may request a review hearing. The request must be in writing and the request shall set forth the facts believed by the requesting party to warrant a review by the court. If the court determines that the alleged facts, if true, would justify a modification of the dispositional order, a review hearing shall be scheduled with notice, including a copy of the request, to all other parties. The court may schedule a review hearing on its own motion.

The court may modify a prior dispositional order in a review hearing upon the stipulation of all parties and upon a finding by the court that such modification would not be contrary to the best interest of the minor and the public.

The court shall not modify a prior order in a review hearing that would further restrict the rights of the parent, guardian, custodian or minor if any party objects to the modification. Upon objection, the court shall schedule the matter for a motion hearing and require that a motion be filed with notice to all parties. A party requesting an evidentiary hearing shall state the request in the motion to modify the prior order or the response to the motion.

All cases which require periodic review hearings under Title 78A Chapter 6 shall be scheduled for court review not less than once every six months from the date of disposition.

Disposition Reviews. Upon the written request of any agency, individual or institution vested with legal custody or guardianship by prior court order, the court shall conduct a review hearing to determine if the prior order should remain in effect. Notice of the hearing, along with a copy of the written request, must be provided to all parties not less than 5 days prior to the hearing, unless the hearing is expedited.

Review of a case involving abuse, neglect, or dependency of a minor shall be conducted also in accordance with Section 78A-6-117, Section 78A-6-314 and Section 78A-6-315.

Intervention Plans. Intervention plans are plans prepared by the probation department or agencies assuming custody of the minor designed to assist the minor and/or the parent, guardian or custodian to address or correct issues that caused the court to be involved with the minor and his or her family.

In all cases where the disposition order places temporary legal custody or guardianship of the minor with an individual, agency, or institution, a proposed intervention plan shall be submitted by the probation department when probation has been ordered; by the agency having custody or guardianship; or by the agency providing protective supervision, within 30 days following the date of disposition. This intervention plan shall be updated whenever a substantial change in conditions or circumstances arises.

In cases where both parents have been permanently deprived of parental rights, the intervention plan shall identify efforts made by the child placing agency to secure the adoption of the minor and subsequent review hearings shall be held until the minor has been adopted or permanently placed.

Progress Reports.

A written progress report relating to the intervention plan shall be submitted to the court and all parties by the agency, which prepared the intervention plan at least two working days prior to the review hearing date.

The progress report shall contain the following:

  1. A review of the original conditions, which invoked the court's jurisdiction.
  2. Any significant changes in these conditions.
  3. The number and types of contacts made with each family member or other person related to the case.
  4. A statement of progress toward resolving the problems identified in the intervention plan.
  5. A report on the family's cooperation in resolving the problems.
  6. A recommendation for further order by the court.

In substantiation proceedings, a party may file a motion to set aside a default judgment or dismissal of a substantiation petition for failure to appear, within thirty days after the entry of the default judgment or dismissal. On motion and upon such terms as are just, the court may in the furtherance of justice relieve a party from a default judgment or dismissal if the court finds good cause for the party's failure to appear. The filing of a motion under this Subdivision does not affect the finality of a judgment or suspend its operation.

A judgment, order, or decree of the juvenile court is no longer in effect after a minor is 21 years old, except:

  1. for an order of commitment to the Utah State Developmental Center or to the custody of the Division of Substance Abuse and Mental Health;
  2. for an adoption under Subsection 78A-6-103(1);
  3. for an order permanently terminating the rights of a parent, guardian, or custodian;
  4. for a permanent order of custody and guardianship; and
  5. as provided in Subsection (2).

If the juvenile court enters a judgment or order for a minor for whom the court has extended continuing jurisdiction over the minor's case until the minor is 25 years old under Section 78A-6-703.4, the juvenile court's judgment or order is no longer in effect after the minor is 25 years old.

This section applies to a minor who is at least the age eligible for a driver license under Section 53-3-204 when found by the court to be within its jurisdiction by the commission of an offense under:

  1. Section 32B-4-409;
  2. Section 32B-4-410;
  3. Section 32B-4-411;
  4. Section 58-37-8;
  5. Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
  6. Title 58, Chapter 37b, Imitation Controlled Substances Act; or
  7. Subsection 76-9-701(1).

This section only applies when the minor is found by the court to be in actual physical control of a motor vehicle during the commission of one of the offenses under Subsection (1).

If the court hearing the case determines that the minor committed an offense under Section 58-37-8 or Title 58, Chapter 37a, Utah Drug Paraphernalia Act, or Chapter 37b, Imitation Controlled Substances Act, the court may prepare and send to the Driver License Division of the Department of Public Safety an order to suspend that minor's driving privileges.

The court hearing the case may suspend the minor's driving privileges if the minor violated Section 32B-4-409, Section 32B-4-410, or Subsection 76-9-701(1).

The court may reduce a suspension period imposed under Section 53-3-219 if:

  1. the violation is the minor's first violation of:
    1. Section 32B-4-409;
    2. Section 32B-4-410;
    3. Section 58-37-8;
    4. Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
    5. Title 58, Chapter 37b, Imitation Controlled Substances Act; or
    6. Subsection 76-9-701(1); and
  2. the minor completes an educational series as defined in Section 41-6a-501; or
    1. the minor demonstrates substantial progress in substance use disorder treatment.

The court may reduce the suspension period required under Section 53-3-219 if:

  1. the violation is the minor's second or subsequent violation of:
    1. Section 32B-4-409;
    2. Section 32B-4-410;
    3. Section 58-37-8;
    4. Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
    5. Title 58, Chapter 37b, Imitation Controlled Substances Act; or
    6. Subsection 76-9-701(1);
  2. the minor has completed an educational series as defined in Section 41-6a-501 or demonstrated substantial progress in substance use disorder treatment; and
  3. the person is 18 years of age or older and provides a sworn statement to the court that the person has not unlawfully consumed alcohol or drugs for at least a one-year consecutive period during the suspension period imposed under Subsection (4)(a); or
    1. the person is under 18 years of age and has the person's parent or legal guardian provide an affidavit or sworn statement to the court certifying that to the parent or legal guardian's knowledge the person has not unlawfully consumed alcohol or drugs for at least a one-year consecutive period during the suspension period imposed under Subsection (4)(a).

If a minor commits a proof of age violation, as defined in Section 32B-4-411:

  1. the court may forward a record of adjudication to the Department of Public Safety for a first or subsequent violation; and
  2. the minor's driving privileges will be suspended:
    1. for a period of at least one year under Section 53-3-220 for a first conviction for a violation of Section 32B-4-411; or
    2. for a period of two years for a second or subsequent conviction for a violation of Section 32B-4-411.

The court may reduce the suspension period imposed under Subsection (4)(d)(ii)(A) if:

  1. the violation is the minor's first violation of Section 32B-4-411; and
  2. the minor completes an educational series as defined in Section 41-6a-501; or
    1. the minor demonstrates substantial progress in substance use disorder treatment.

The court may reduce the suspension period imposed under Subsection (4)(d)(ii)(B) if:

  1. the violation is the minor's second or subsequent violation of Section 32B-4-411;
  2. the minor has completed an educational series as defined in Section 41-6a-501 or demonstrated substantial progress in substance use disorder treatment; and
  3. the person is 18 years of age or older and provides a sworn statement to the court that the person has not unlawfully consumed alcohol or drugs for at least a one-year consecutive period during the suspension period imposed under Subsection (4)(d)(ii)(B); or
    1. the person is under 18 years of age and has the person's parent or legal guardian provide an affidavit or sworn statement to the court certifying that to the parent or legal guardian's knowledge the person has not unlawfully consumed alcohol or drugs for at least a one-year consecutive period during the suspension period imposed under Subsection (4)(d)(ii)(B).

A minor's license shall be suspended under Section 53-3-219 when a court issues an order suspending the minor's driving privileges in accordance with Subsection (2) for a violation of:

  1. Section 32B-4-409;
  2. Section 32B-4-410;
  3. Section 58-37-8;
  4. Title 58, Chapter 37a, Utah Drug Paraphernalia Act, or Chapter 37b, Imitation Controlled Substances Act; or
  5. Subsection 76-9-701(1).

When the Department of Public Safety receives the arrest or conviction record of a person for a driving offense committed while the person's license is suspended under this section, the Department of Public Safety shall extend the suspension for a like period of time.

A person who willfully violates or refuses to obey any order of the court may be proceeded against for contempt of court.

A person 18 years of age or older found in contempt of court may be punished in accordance with Section 78B-6-310.

A person younger than 18 years of age found in contempt of court may be punished by disposition permitted under Section 78A-6-117, except the court may only order a disposition that changes the custody of the minor, including community placement or commitment to a secure facility, if the disposition is commitment to a secure detention pursuant to Subsection 78A-6-117(2)(h) for no longer than 72 hours, excluding weekends and legal holidays.

A court may not suspend all or part of the punishment upon compliance with conditions imposed by the court.

In accordance with Section 78A-6-117, the court may enforce orders of fines, fees, or restitution through garnishments, wage withholdings, supplementary proceedings, or executions. An order described in this Subsection (4) may not be enforced through an order of detention, community placement, or commitment to a secure facility.

Probation Officers

All employees except judges and commissioners shall be selected, promoted, and discharged through the state courts personnel system for the juvenile court, under the direction and rules of the Board of Juvenile Court Judges and the Judicial Council.

An employee under the state courts personnel system may not be discharged except for cause and after a hearing before the appointing authority, with appeal as provided by the state courts personnel system. An employee may be suspended pending the hearing and appeal.

Funding

There is created within the General Fund a restricted account known as the “Nonjudicial Adjustment Account.”

The account shall be funded from the financial penalty established under Subsection 78A-6-602(8)(a).

The court shall deposit all money collected as a result of penalties assessed as part of the nonjudicial adjustment of a case in the account.

The account shall be used to pay the expenses of juvenile compensatory service, victim restitution, and diversion programs.

Except under Subsection (3)(b) or (4) and as otherwise provided by law, all fines, fees, penalties, and forfeitures imposed and collected by the juvenile court shall be paid to the state treasurer for deposit into the General Fund.

Not more than 50% of any fine or forfeiture collected may be paid to a state rehabilitative employment program for delinquent minors that provides for employment of the minor in the county of the minor's residence if:

  1. reimbursement for the minor's labor is paid to the victim of the minor's delinquent behavior;
  2. the amount earned and paid is set by court order;
  3. the minor is not paid more than the hourly minimum wage; and
  4. no payments to victims are made without the minor's involvement in a rehabilitative work program.

Fines withheld under Subsection (3)(b) and any private contributions to the rehabilitative employment program are accounted for separately and are subject to audit at any time by the state auditor.

Funds withheld under Subsection (3)(b) and private contributions are nonlapsing. The Board of Juvenile Court Judges shall establish policies for the use of the funds described in this subsection.

For fines and forfeitures collected by the court for a violation of Section 41-6a-1302 in instances where evidence of the violation was obtained by an automated traffic enforcement safety device as described in Section 41-6a-1310, the court shall allocate 20% to the school district or private school that owns or contracts for the use of the bus, and the state treasurer shall allocate 80% to the General Fund.

No fee may be charged by any state or local public officer for the service of process in any proceedings initiated by a public agency.

Fees

Not prescribed in statute.

Additional Resources

Utah Juvenile Courts

Second District Juvenile Court

Third District Juvenile Court

Fourth District Juvenile Court

Fifth District Juvenile Court

Data Collection

Not Available.

Citations

Utah R. Juv. P. Rule 1 et seq. (Rules of Juvenile Procedure)

U.C.A. 1953 § 78A-6-101 (Juvenile Court Act)

U.C.A. 1953 § 62A-7-101 et seq. (Juvenile Justice Services)

U.C.A. 1953 § 55-12-100 et seq. (Interstate Compact for Juveniles)

 Vermont

VT flag

Responsible Branch

Executive

Organization

Probation services are provided throughout the state by the Department for Children & Families, Family Services Division within the Agency of Human Services.

The Commissioner shall be charged with the following powers and responsibilities regarding the administration of juvenile probation:

  1. to maintain supervision of juveniles placed on probation;
  2. to supervise the administration of juvenile probation services, including the authority to enter into contracts with community-based agencies to provide probation services which may include restitution and community service programs and to establish policies and standards and adopt rules regarding juvenile probation investigation, supervision, casework and caseloads, record-keeping, and the qualification of juvenile probation officers;
  3. to prescribe rules, consistent with any orders of the Court, governing the conduct of juveniles on probation.

A Juvenile Justice Unit is created in the Family Services Division of the Department. The Unit shall be headed by a Juvenile Justice Director.

The Juvenile Justice Director shall have the responsibility and authority to monitor and coordinate all State and participating regional and local programs that deal with juvenile justice issues, including prevention, education, enforcement, adjudication, and rehabilitation.

The Juvenile Justice Director shall ensure that the following occur:

  1. development of a comprehensive plan for a coordinated and sustained statewide program to reduce the number of juvenile offenders, involving State, regional, and local officials in the areas of health, education, prevention, law enforcement, corrections, teen activities, and community wellness;
  2. cooperation among State, regional, and local officials, court personnel, service providers, and law enforcement agencies in the formulation and execution of a coordinated statewide juvenile justice program;
  3. cooperation among appropriate departments, including the Department; the Agency of Education; the Departments of Corrections, Labor, Mental Health, Public Safety, and Disabilities, Aging, and Independent Living; and the Division of Alcohol and Drug Abuse Programs;
  4. a study of issues relating to juvenile justice and development of recommendations regarding changes in law and rules, as deemed advisable;
  5. compilation of data on issues relating to juvenile justice and analysis, study, and organization of such data for use by educators, researchers, policy advocates, administrators, legislators, and the Governor.

Purpose

The juvenile judicial proceedings chapters shall be construed in accordance with the following purposes:

  1. to provide for the care, protection, education, and healthy mental, physical, and social development of children coming within the provisions of the juvenile judicial proceedings chapters;
  2. to remove from children committing delinquent acts the taint of criminality and the consequences of criminal behavior and to provide supervision, care, and rehabilitation which ensure:
    1. balanced attention to the protection of the community;
    2. accountability to victims and the community for offenses; and
    3. the development of competencies to enable children to become responsible and productive members of the community;
  3. to preserve the family and to separate a child from his or her parents only when necessary to protect the child from serious harm or in the interests of public safety;
  4. to ensure that safety and timely permanency for children are the paramount concerns in the administration and conduct of proceedings under the juvenile judicial proceedings chapters;
  5. to achieve the foregoing purposes, whenever possible, in a family environment, recognizing the importance of positive parent-child relationships to the well-being and development of children;
  6. to provide judicial proceedings through which the provisions of the juvenile judicial proceedings chapters are executed and enforced and in which the parties are ensured a fair hearing, and that their constitutional and other legal rights are recognized and enforced.

The provisions of the juvenile judicial proceedings chapters shall be construed as superseding the provisions of the criminal law of this State to the extent the same are inconsistent with this chapter. (Juvenile Proceedings)

Interstate Compact Participant

Yes

Process

If a child was over 16 years of age and under 19 years of age at the time the offense was alleged to have been committed and the offense is not specified in subsection (b) of this section, law enforcement shall cite the child to the Family Division of the Superior Court.

If, after the child is cited to the Family Division, the State's Attorney chooses to file the charge in the Criminal Division of the Superior Court, the State's Attorney shall state in the information the reason why filing in the Criminal Division is in the interest of justice.

Offenses for which a law enforcement officer is not required to cite a child to the Family Division of the Superior Court shall include:

  1. 23 V.S.A. §§ 674 (driving while license suspended or revoked); 1128 (accidents-duty to stop); and 1133 (eluding a police officer).
  2. Fish and wildlife offenses that are not minor violations as defined by 10 V.S.A. § 457
  3. An offense listed in subsection 5204(a) of this title.

Citation. If an officer has probable cause to believe that a child has committed or is committing a delinquent act and the circumstances do not warrant taking the child into custody pursuant to subchapter 3 of this chapter, the officer may issue a citation to appear before a judicial officer in lieu of arrest.

Filing of case plan. Following the finding by the court that a child is delinquent, the Department shall file a disposition case plan not later than seven business days before the scheduled disposition hearing. The disposition case plan shall not be used or referred to as evidence prior to a finding that a child is delinquent.

Content of case plan. A disposition case plan shall include, as appropriate:

  1. An assessment of the child's medical, psychological, social, educational, and vocational needs.
  2. An assessment of the impact of the delinquent act on the victim and the community, including, whenever possible, a statement from the victim.
  3. A description of the child's home, school, community, and current living situation.
  4. An assessment of the child's and family's strengths and risk factors.
  5. Proposed conditions of probation which address the identified risks and provide for, to the extent possible, repair of the harm to victims and the community. Proposed conditions may include a recommendation as to the term of probation.
  6. The plan of services shall describe the responsibilities of the child, the parent, guardian, or custodian, the Department, other family members, and treatment providers, including a description of the services required to achieve successful completion of the goals of probation and, if the child has been placed in the custody of the Department, the permanency goal.

Case plan for child in custody. If a child is in the custody of the Commissioner at the time of disposition or if a transfer of custody is requested, the case plan shall include the following additional information:

  1. A permanency goal if the child is in custody. The long-term goal for a child found to be delinquent and placed in the custody of the Department is a safe and permanent home. A disposition case plan shall include a permanency goal and an estimated date for achieving the permanency goal. The plan shall specify whether permanency will be achieved through reunification with a parent, custodian, or guardian; adoption; permanent guardianship; or other permanent placement. In addition to a primary permanency goal, the plan may identify a concurrent permanency goal.
  2. A recommendation with respect to custody for the child and a recommendation for parent-child contact if appropriate.
  3. A request for child support if the child has been placed in the custody of the Department or the Department recommends a transfer of custody.

If a child is found to be a delinquent child, the court shall make such orders at disposition as may provide for:

  1. the child's supervision, care, and rehabilitation;
  2. the protection of the community;
  3. accountability to victims and the community for offenses committed; and
  4. the development of competencies to enable the child to become a responsible and productive member of the community.

In carrying out the purposes outlined in subsection (a) of this section, the court may:

  1. Place the child on probation subject to the supervision of the Commissioner, upon such conditions as the court may prescribe. The length of probation shall be as prescribed by the court or until further order of the court.
  2. Order custody of the child be given to the custodial parent, guardian, or custodian. For a fixed period of time following disposition, the court may order that custody be subject to such conditions and limitations as the court may deem necessary and sufficient to provide for the safety of the child and the community. Conditions may include protective supervision for up to six months following the disposition order unless further extended by court order. The court shall hold review hearings pursuant to section 5320 of this title to determine whether the conditions continue to be necessary.
  3. Transfer custody of the child to a noncustodial parent, relative, or person with a significant connection to the child. The court may order that custody be subject to such conditions and limitations as the court may deem necessary and sufficient to provide for the safety of the child and community, including protective supervision, for up to six months unless further extended by court order. The court shall hold review hearings pursuant to section 5320 of this title to determine whether the conditions continue to be necessary.
  4. Transfer custody of the child to the Commissioner.
  5. Terminate parental rights and transfer custody and guardianship to the Department without limitation as to adoption.
  6. Issue an order of permanent guardianship pursuant to 14 V.S.A. § 2664.
  7. Refer a child directly to a youth-appropriate community-based provider that has been approved by the Department, which may include a community justice center or a balanced and restorative justice program. Referral to a community-based provider pursuant to this subdivision shall not require the court to place the child on probation. If the community-based provider does not accept the case or if the child fails to complete the program in a manner deemed satisfactory and timely by the provider, the child shall return to the court for disposition.

If the court orders the transfer of custody of the child pursuant to subdivisions (b)(4) and (5) of this section, the court shall establish a permanency goal for the child and adopt a case plan prepared by the Department designed to achieve the permanency goal. If the court determines that the plan proposed by the Department does not adequately support the permanency goal for the child, the court may reject the plan proposed by the Department and order the Department to prepare and submit a revised plan for court approval.

When a juvenile is placed on probation, the Court shall issue a written juvenile probation certificate setting forth:

  1. the name of the juvenile;
  2. the nature of the delinquent act committed by the juvenile;
  3. the date and place of the juvenile delinquency hearing;
  4. the order of the Court placing the juvenile on probation; and
  5. the conditions of the juvenile's probation.

The juvenile probation certificate shall be furnished to and signed by the juvenile and a custodial parent, guardian, or custodian of the child, if other than parent. It shall be fully explained to them, and they shall be informed about the consequences of violating the conditions of probation, including the possibility of revocation of probation. A copy of the juvenile probation certificate shall also be furnished to the Commissioner. The probation certificate is not invalidated if it is not signed as required by this subsection.

The signature of a custodial parent, guardian, or custodian on a probation certificate shall constitute verification that the parent, guardian, or custodian understands the terms of juvenile probation and agrees to facilitate and support the child's compliance with such terms and to attend treatment programs with the child as recommended by the treatment provider.

The juvenile probation certificate shall be full authority for the exercise by the Commissioner of all the rights and powers over and in relation to the juvenile prescribed by law and by the order of the Court.

Terms of Probation

The conditions of probation shall be such as the Court in its discretion deems necessary to ensure to the greatest extent reasonably possible that the juvenile will be provided a program of treatment, training, and rehabilitation consistent with the protection of the public interest. The Court shall provide as an explicit condition of every juvenile probation certificate that if the juvenile is adjudicated a delinquent or is convicted of an adult crime while on probation, then the Court may find the juvenile in violation of the conditions of probation.

The Court may, as a condition of probation, require that the juvenile:

  1. Work faithfully for a prescribed number of hours at a community service activity acceptable to the Court or, if so ordered by the Court, at a community service activity acceptable to a probation officer.
  2. Make restitution or reparation to the victim of the juvenile's conduct for the damage or injury which was sustained. When restitution or reparation is a condition of probation, the Court shall fix the amount thereof. The Court shall further determine the amount the juvenile can or will be able to pay and fix the manner of performance. In the alternative, the Court may refer the determination of the amount, the ability to pay, and the manner of performance to a restorative justice panel.
  3. Participate in programs designed to develop competencies to enable the child to become a responsible and productive member of the community.
  4. Refrain from purchasing or possessing a firearm or ammunition, any destructive device, or any dangerous weapon unless granted written permission by the Court or juvenile probation officer.
  5. Report to a juvenile probation officer at reasonable times as directed by the Court or the probation officer.
  6. Permit the juvenile probation officer to visit the juvenile at reasonable times at home or elsewhere.
  7. Remain within the jurisdiction of the Court unless granted permission to leave by the Court or the probation officer.
  8. Answer all reasonable inquiries by the juvenile probation officer and promptly notify the probation officer of any change in address or employment.
  9. Satisfy any other conditions reasonably related to the juvenile's rehabilitation.
  10. Reside at home or other location specified by the Court.
  11. Attend or reside at an educational or vocational facility or a facility established for the instruction, recreation, or residence of persons on probation.
  12. Work faithfully at suitable employment or faithfully pursue a course of study or of vocational training that will equip the juvenile for suitable employment.
  13. Undergo available medical treatment, participate in psychiatric treatment or mental health counseling, and participate in alcohol or drug abuse assessment or treatment on an outpatient or inpatient basis.

During the period of probation, the Court, on application of a juvenile probation officer, the State's Attorney, the juvenile, or on its own motion may modify the requirements imposed upon the juvenile or add further requirements authorized by section 5262 of this title. A juvenile may request modification of a restitution issue determined by a restorative panel.

Whenever the Court proposes any modification of the conditions of probation, the juvenile probationer shall have a reasonable opportunity to contest the modification prior to its imposition.

If the juvenile fails to comply with conditions of probation, the State's Attorney, a juvenile probation officer, or the Court on its own motion may initiate a proceeding to establish that the juvenile is in violation of probation conditions.

A juvenile probationer shall not be found in violation of conditions of probation unless the juvenile probationer is found to have violated a condition of probation, is again adjudicated a delinquent, or is convicted of a crime.

At any time before the discharge of a juvenile probationer or the termination of the period of probation:

  1. The Court may summon the juvenile to appear before it or may issue an order for the juvenile's apprehension and placement in a detention or treatment facility.
  2. Any juvenile probation officer may apprehend a juvenile probationer or may authorize any officer to do so by giving the officer a written statement setting forth that the juvenile has, in the judgment of the juvenile probation officer, violated a condition of probation. The written statement delivered with the juvenile by the apprehending officer to the supervisor of the juvenile detention or treatment facility or residential program to which the juvenile is brought for prehearing placement shall be sufficient authority for maintaining the juvenile in the facility or residential program.
  3. Any juvenile probationer apprehended or placed in accordance with the provisions of this chapter shall have no right of action against the juvenile probation officer or any other person because of such apprehension or placement.

Whenever a juvenile probationer is apprehended and placed on the grounds that the juvenile has violated a condition of probation, the juvenile shall be given a hearing before a judicial officer prior to the close of business on the next court business day in order to determine whether there is probable cause to hold the juvenile for a violation hearing. The juvenile and the adult who signed the probation certificate shall be given:

  1. notice of the previolation hearing and its purpose and the allegations of violations of conditions of probation; and
  2. notice of the juvenile's right to be represented by counsel and right to be assigned counsel if the juvenile is unable to obtain counsel.

At the previolation hearing the juvenile shall be given:

  1. an opportunity to appear at the hearing and present evidence on his or her own behalf; and
  2. upon request, the opportunity to question witnesses against him or her unless, for good cause, the judicial officer decides that justice does not require the appearance of the witness.

If probable cause is found to exist, the juvenile shall be held for a hearing to determine if the juvenile violated the conditions of probation. If probable cause is not found to exist, the proceedings shall be dismissed.

A juvenile held under this section pursuant to a request to find the juvenile in violation of probation may be released by a judicial officer pending hearing or appeal.

If a violation of conditions of probation is established, the Court may, in its discretion, modify the conditions of probation or order any of the disposition alternatives provided for in section 5232 of this title.

Probation Officers

Not prescribed in statute.

Funding

Not prescribed in statute.

Fees

Not prescribed in statute.

Additional Resources

Vermont Judiciary: Juvenile Court

              Juvenile Probation Certificate

Department for Children & Families: Youth on Juvenile Probation

Department for Children & Families, Family Services Division: Policies

Data Collection

Department for Children & Families: Publications

Citations

Vermont Family Proceedings Rule 1 et seq. (Rules for Family Proceedings)

33 V.S.A. § 5101 et seq. (Juvenile Proceedings)

 Virginia

VA flag

Responsible Branch

Executive

Organization

Probation services are provided on the local level by court service units within the department of Juvenile Justice.

Within funds appropriated for the purpose, it shall be a function of the Department to develop and operate, except as hereinafter provided, probation, parole and other court services for juvenile and domestic relations district courts in order that all children coming within the jurisdiction of such courts throughout the Commonwealth shall receive the fullest protection of the court. To this end the Director may establish court services units in the Department. The Director shall appoint such employees as he may find to be necessary to carry out properly the responsibilities of the Department relative to the development, supervision and operation of probation, parole and other court services throughout the Commonwealth as set forth in this chapter.

The salaries of the persons employed pursuant to this section shall be paid out of funds appropriated for such purpose to the Department of Juvenile Justice. The Director and such employees as he may find necessary to carry out properly the responsibilities of the Department pursuant to subsection A of this section shall have access to all probation offices, other social services and to their records.

The State Board shall establish minimum standards for court service staffs and related supportive personnel and promulgate regulations pertaining to their appointment and function to the end that uniform services, insofar as is practical, will be available to juvenile and domestic relations district courts throughout the Commonwealth. In counties or cities now served by regional juvenile and domestic relations courts or where specialized court service units are not provided, and in any county or city which provided specialized services on June 30, 1973, that requests the development of a court service unit, appointment to positions in such units shall be based on merit as provided in the Virginia Personnel Act (§ 2.2-2900 et seq.).

No person shall be assigned to or discharged from the state-operated court service staff of a juvenile and domestic relations district court except as provided in the Virginia Personnel Act (§ 2.2-2900 et seq.). The Director shall have the authority, for good cause, after consulting with the judge or judges of that juvenile and domestic relations district court and after due notice and opportunity to be heard, to order the transfer, demotion or separation of any person from the court service staff subject only to the limitations of the Virginia Personnel Act.

Probation, parole and related court services shall be provided through the following means:

  1. State court service units.--The Department shall develop and operate probation, parole and related court services in counties or cities heretofore served by regional juvenile and domestic relations district courts and where specialized probation, parole and related court services were not provided as of July 1, 1973, and make such services available to juvenile and domestic relations district courts, as required by this chapter and by regulations established by the Board. All other counties or cities may request the development of a state-operated court service unit with the approval of their governing bodies after consultation with the chief judge of the juvenile and domestic relations district court of such jurisdiction.
  2. Local units.--In counties and cities providing specialized court services as of July 1, 1973, who do not request the development of a state-operated court service unit, the governing body or bodies of the district shall appoint one or more suitable persons as probation and parole officers and related court service personnel in accordance with established qualifications and regulations and shall develop and operate probation, parole, detention and related court services. The transfer, demotion, or separation of probation officers and related court service personnel appointed pursuant to this subsection shall be under the authority of the governing body or bodies of the district and shall be only for good cause shown, after consulting with the judge or judges of that juvenile and domestic relations district court, in accordance with the Virginia Personnel Act (§ 2-2900 et seq.) and after due notice and opportunity to be heard.
  3. A county or city that is providing court services through a state-operated court services unit, with the approval of its governing body after consultation with the chief judge of the juvenile and domestic relations district court of the jurisdiction, may cease providing services through a state-operated court services unit and commence operation as a local unit, subject to all laws, regulations, policies and procedures applicable to a local unit.

The chief judge may make arrangements for a replacement intake officer from another court service unit to ensure the capability of a prompt response in matters under § 16.1-255 or 16.1-260 during hours the court is closed. The replacement intake officer shall have all the authority and power of an intake officer of that district when authorized in writing by the appointing authority and by the chief judge of that district.

Purpose

This law shall be construed liberally and as remedial in character, and the powers hereby conferred are intended to be general to effect the beneficial purposes herein set forth. It is the intention of this law that in all proceedings the welfare of the child and the family, the safety of the community and the protection of the rights of victims are the paramount concerns of the Commonwealth and to the end that these purposes may be attained, the judge shall possess all necessary and incidental powers and authority, whether legal or equitable in their nature.

This law shall be interpreted and construed so as to effectuate the following purposes:

  1. To divert from or within the juvenile justice system, to the extent possible, consistent with the protection of the public safety, those children who can be cared for or treated through alternative programs;
  2. To provide judicial procedures through which the provisions of this law are executed and enforced and in which the parties are assured a fair hearing and their constitutional and other rights are recognized and enforced;
  3. To separate a child from such child's parents, guardian, legal custodian or other person standing in loco parentis only when the child's welfare is endangered or it is in the interest of public safety and then only after consideration of alternatives to out-of-home placement which afford effective protection to the child, his family, and the community; and
  4. To protect the community against those acts of its citizens, both juveniles and adults, which are harmful to others and to reduce the incidence of delinquent behavior and to hold offenders accountable for their behavior. (Juvenile and Domestic Relations District Courts)

Interstate Compact Participant

Yes

Process

All matters alleged to be within the jurisdiction of the court shall be commenced by the filing of a petition, except as provided in subsection H and in § 16.1-259. The form and content of the petition shall be as provided in § 16.1-262. No individual shall be required to obtain support services from the Department of Social Services prior to filing a petition seeking support for a child. Complaints, requests, and the processing of petitions to initiate a case shall be the responsibility of the intake officer. However, (i) the attorney for the Commonwealth of the city or county may file a petition on his own motion with the clerk; (ii) designated nonattorney employees of the Department of Social Services may complete, sign, and file petitions and motions relating to the establishment, modification, or enforcement of support on forms approved by the Supreme Court of Virginia with the clerk; (iii) designated nonattorney employees of a local department of social services may complete, sign, and file with the clerk, on forms approved by the Supreme Court of Virginia, petitions for foster care review, petitions for permanency planning hearings, petitions to establish paternity, motions to establish or modify support, motions to amend or review an order, and motions for a rule to show cause; and (iv) any attorney may file petitions on behalf of his client with the clerk except petitions alleging that the subject of the petition is a child alleged to be in need of services, in need of supervision, or delinquent. Complaints alleging abuse or neglect of a child shall be referred initially to the local department of social services in accordance with the provisions of Chapter 15 (§ 63.2-1500 et seq.) of Title 63.2. Motions and other subsequent pleadings in a case shall be filed directly with the clerk. The intake officer or clerk with whom the petition or motion is filed shall inquire whether the petitioner is receiving child support services or public assistance. No individual who is receiving support services or public assistance shall be denied the right to file a petition or motion to establish, modify, or enforce an order for support of a child. If the petitioner is seeking or receiving child support services or public assistance, the clerk, upon issuance of process, shall forward a copy of the petition or motion, together with notice of the court date, to the Division of Child Support Enforcement.

The appearance of a child before an intake officer may be by (i) personal appearance before the intake officer or (ii) use of two-way electronic video and audio communication. If two-way electronic video and audio communication is used, an intake officer may exercise all powers conferred by law. All communications and proceedings shall be conducted in the same manner as if the appearance were in person, and any documents filed may be transmitted by facsimile process. The facsimile may be served or executed by the officer or person to whom sent, and returned in the same manner, and with the same force, effect, authority, and liability as an original document. All signatures thereon shall be treated as original signatures. Any two-way electronic video and audio communication system used for an appearance shall meet the standards as set forth in subsection B of § 19.2-3.1.

When the court service unit of any court receives a complaint alleging facts which may be sufficient to invoke the jurisdiction of the court pursuant to § 16.1-241, the unit, through an intake officer, may proceed informally to make such adjustment as is practicable without the filing of a petition or may authorize a petition to be filed by any complainant having sufficient knowledge of the matter to establish probable cause for the issuance of the petition.

An intake officer may proceed informally on a complaint alleging a child is in need of services, in need of supervision, or delinquent only if the juvenile (a) is not alleged to have committed a violent juvenile felony or (b) has not previously been proceeded against informally or adjudicated delinquent for an offense that would be a felony if committed by an adult. A petition alleging that a juvenile committed a violent juvenile felony shall be filed with the court. A petition alleging that a juvenile is delinquent for an offense that would be a felony if committed by an adult shall be filed with the court if the juvenile had previously been proceeded against informally by intake or had been adjudicated delinquent for an offense that would be a felony if committed by an adult.

If a juvenile is alleged to be a truant pursuant to a complaint filed in accordance with § 22.1-258 and the attendance officer has provided documentation to the intake officer that the relevant school division has complied with the provisions of § 22.1-258, then the intake officer shall file a petition with the court. The intake officer may defer filing the petition and proceed informally by developing a truancy plan, provided that (1) the juvenile has not previously been proceeded against informally or adjudicated in need of supervision on more than two occasions for failure to comply with compulsory school attendance as provided in § 22.1-254 and (2) the immediately previous informal action or adjudication occurred at least three calendar years prior to the current complaint. The juvenile and his parent or parents, guardian, or other person standing in loco parentis must agree, in writing, for the development of a truancy plan. The truancy plan may include requirements that the juvenile and his parent or parents, guardian, or other person standing in loco parentis participate in such programs, cooperate in such treatment, or be subject to such conditions and limitations as necessary to ensure the juvenile's compliance with compulsory school attendance as provided in § 22.1-254. The intake officer may refer the juvenile to the appropriate public agency for the purpose of developing a truancy plan using an interagency interdisciplinary team approach. The team may include qualified personnel who are reasonably available from the appropriate department of social services, community services board, local school division, court service unit, and other appropriate and available public and private agencies and may be the family assessment and planning team established pursuant to § 2.2-5207. If at the end of the deferral period the juvenile has not successfully completed the truancy plan or the truancy program, then the intake officer shall file the petition.

Whenever informal action is taken as provided in this subsection on a complaint alleging that a child is in need of services, in need of supervision, or delinquent, the intake officer shall (A) develop a plan for the juvenile, which may include restitution and the performance of community service, based upon community resources and the circumstances which resulted in the complaint, (B) create an official record of the action taken by the intake officer and file such record in the juvenile's case file, and (C) advise the juvenile and the juvenile's parent, guardian, or other person standing in loco parentis and the complainant that any subsequent complaint alleging that the child is in need of supervision or delinquent based upon facts which may be sufficient to invoke the jurisdiction of the court pursuant to § 16.1-241 may result in the filing of a petition with the court.

The intake officer shall accept and file a petition in which it is alleged that (i) the custody, visitation, or support of a child is the subject of controversy or requires determination, (ii) a person has deserted, abandoned, or failed to provide support for any person in violation of law, (iii) a child or such child's parent, guardian, legal custodian, or other person standing in loco parentis is entitled to treatment, rehabilitation, or other services which are required by law, (iv) family abuse has occurred and a protective order is being sought pursuant to § 16.1-253.1, 16.1-253.4, or 16.1-279.1, or (v) an act of violence, force, or threat has occurred, a protective order is being sought pursuant to § 19.2-152.8, 19.2-152.9, or 19.2-152.10, and either the alleged victim or the respondent is a juvenile. If any such complainant does not file a petition, the intake officer may file it. In cases in which a child is alleged to be abused, neglected, in need of services, in need of supervision, or delinquent, if the intake officer believes that probable cause does not exist, or that the authorization of a petition will not be in the best interest of the family or juvenile or that the matter may be effectively dealt with by some agency other than the court, he may refuse to authorize the filing of a petition. The intake officer shall provide to a person seeking a protective order pursuant to § 16.1-253.1, 16.1-253.4, or 16.1-279.1 a written explanation of the conditions, procedures and time limits applicable to the issuance of protective orders pursuant to § 16.1-253.1, 16.1-253.4, or 16.1-279.1. If the person is seeking a protective order pursuant to § 19.2-152.8, 19.2-152.9, or 19.2-152.10, the intake officer shall provide a written explanation of the conditions, procedures, and time limits applicable to the issuance of protective orders pursuant to § 19.2-152.8, 19.2-152.9, or 19.2-152.10.

Prior to the filing of any petition alleging that a child is in need of supervision, the matter shall be reviewed by an intake officer who shall determine whether the petitioner and the child alleged to be in need of supervision have utilized or attempted to utilize treatment and services available in the community and have exhausted all appropriate nonjudicial remedies which are available to them. When the intake officer determines that the parties have not attempted to utilize available treatment or services or have not exhausted all appropriate nonjudicial remedies which are available, he shall refer the petitioner and the child alleged to be in need of supervision to the appropriate agency, treatment facility, or individual to receive treatment or services, and a petition shall not be filed. Only after the intake officer determines that the parties have made a reasonable effort to utilize available community treatment or services may he permit the petition to be filed.

If the intake officer refuses to authorize a petition relating to an offense that if committed by an adult would be punishable as a Class 1 misdemeanor or as a felony, the complainant shall be notified in writing at that time of the complainant's right to apply to a magistrate for a warrant. If a magistrate determines that probable cause exists, he shall issue a warrant returnable to the juvenile and domestic relations district court. The warrant shall be delivered forthwith to the juvenile court, and the intake officer shall accept and file a petition founded upon the warrant. If the court is closed and the magistrate finds that the criteria for detention or shelter care set forth in § 16.1-248.1 have been satisfied, the juvenile may be detained pursuant to the warrant issued in accordance with this subsection. If the intake officer refuses to authorize a petition relating to a child in need of services or in need of supervision, a status offense, or a misdemeanor other than Class 1, his decision is final.

Upon delivery to the juvenile court of a warrant issued pursuant to subdivision 2 of § 16.1-256, the intake officer shall accept and file a petition founded upon the warrant.

The intake officer shall notify the attorney for the Commonwealth of the filing of any petition which alleges facts of an offense which would be a felony if committed by an adult.

Notwithstanding the provisions of Article 12 (§ 16.1-299 et seq.), the intake officer shall file a report with the division superintendent of the school division in which any student who is the subject of a petition alleging that such student who is a juvenile has committed an act, wherever committed, which would be a crime if committed by an adult, or that such student who is an adult has committed a crime and is alleged to be within the jurisdiction of the court. The report shall notify the division superintendent of the filing of the petition and the nature of the offense, if the violation involves:

  1. A firearm offense pursuant to Article 4 (§ 18.2-279 et seq.), 5 (§ 18.2-288 et seq.), 6 (§ 18.2-299 et seq.), 6.1 (§ 18.2-307.1 et seq.), or 7 (§ 18.2-308.1 et seq.) of Chapter 7 of Title 18.2;
  2. Homicide, pursuant to Article 1 (§ 18.2-30 et seq.) of Chapter 4 of Title 18.2;
  3. Felonious assault and bodily wounding, pursuant to Article 4 (§ 18.2-51 et seq.) of Chapter 4 of Title 18.2;
  4. Criminal