With the exception of
certain traffic, alcohol, tobacco, and watercraft violations,
persons under the age of 18 years who violate any
federal, state, local law or municipal ordinance are processed under the
Juvenile Corrections Act. Juvenile cases are
customarily handled in the magistrate division of the district court.
As a rule, neither the juvenile court nor any of its
officers are allowed to initiate action to bring a juvenile before the court. Usually such action begins with law
enforcement. When an officer believes that a
juvenile has broken the law, he or she files a
report concerning the alleged offense. If
further action is desirable, a report requesting
that a petition be filed with the juvenile court is
submitted to the prosecuting attorney.
The prosecuting attorney reviews the case and determines
if there is sufficient evidence to bring the matter
before the juvenile court. If the prosecutor believes
there is sufficient evidence, the petition is filed with the court.
A petition is the
formal document that sets forth the specific act with which the juvenile is
charged. Unless such a petition is filed, the
juvenile may not be brought before the court, except to be released from
detention.
A petition is the
formal document that sets forth the specific act with which the juvenile is
charged. Unless such a petition is filed, the
juvenile may not be brought before the court, except to be released from
detention.
If the probation officer concludes that formal court
action would not serve the best interests of the juvenile or the public, he
or she may recommend to the court that the case be dismissed or that
the juvenile diverted into a community program such as a youth court. The
judge may accept or reject the recommendation.
Present at the court hearings are the judge, the in-court
clerk, a probation officer, the juvenile, his or her
parents, and attorneys if desired. Other
persons may attend if the court opens the proceedings pursuant to court rules.
Typically, such persons as school counselors
and police officers may attend.
At the start of the court hearing, the judge reviews the
petition to determine if the juvenile and his or her
parents understand the charge. If copies of
the petitions have not been served, they are delivered to the juvenile and his
or her parents at the hearing.
Before the facts of the petition are discussed, the judge
reviews the constitutional and legal rights of all parties. The
court then determines whether or not the facts as contained in the petition
are true. If the juvenile denies the charge,
the case is set for hearing.