What Happens in Juvenile Delinquency Court?

Juvenile courts commonly handle delinquency and dependency matters involving minors younger than 18. Most juvenile cases will be heard in state court. Because each state has different laws and court rules, juvenile court jurisdiction can vary. But, generally speaking, juvenile laws acknowledge that children should be treated differently than adults in court.

This article primarily covers juvenile delinquency courts—in other words, criminal court for kids. To learn more about dependency matters (such as neglect and abuse cases), check out our article on Juvenile and Child Dependency Proceedings.

What Is Juvenile Delinquency Court?

Juvenile delinquency courts hear cases involving children accused of violating the law—either a crime or a status offense. Juvenile delinquency can include everything from an 8th grader skipping school or shoplifting to a 16-year-old committing assault or murder.

What Are Juvenile Crimes and Status Offenses?

When a minor is accused of committing a crime, the law refers to it as an "act of delinquency." It's the same violation an adult commits, whether that's assault, property damage, or drug possession (for example). But, due to the offender's age, the law seeks to handle the matter differently in hopes of reforming the minor.

Status offenses may also end up in juvenile delinquency court. Status offenses are violations of the law that can only be committed by a juvenile. The same act by an adult is not a crime. Examples of status offenses include truancy, running away, incorrigibility, curfew violations, and underage possession of alcohol or tobacco.

Juvenile Courts Have Different Rules Than Adult Courts

Juvenile courts, and the rules that guide them, focus more on rehabilitation and less on punishment—making them different from adult criminal court. Generally, the rules of procedure followed in juvenile court are more informal than in adult court. Judges can also order a wider range of consequences (called dispositions) for juveniles—some might even impose conditions on the parents or guardians of the juvenile.

Is Juvenile Court State or Federal?

Just like adults, juveniles can violate state or federal law. But most delinquency cases end up in state court—even for a violation of federal law. How so? A federal law called the Juvenile Delinquency Act (JDA).

The JDA allows—and prefers—referral of federal juvenile cases to state court. Most federal and state crimes overlap, so state prosecutors can typically take over the case. State and local courts often have a dedicated juvenile justice or family court or division, plus local resources, whereas the federal system does not. Federal authorities might keep a juvenile case if a state court refuses or can't take jurisdiction of the case, the crime is strictly federal (for instance, occurring in Indian country), or the case involves a serious offense (such as drug trafficking or a crime of violence).

What Is the Age Limit for Juvenile Delinquency Court?

Most states set the maximum age limit for juvenile delinquency court at 17. So minors who commit crimes when they are younger than 18 will start in juvenile court in these states. Vermont has a higher age limit of 19, while Georgia, Texas, and Wisconsin set the age limit at 16 (meaning 17-year-olds go to adult court in these states).

Some states have minimum age limits, as well. Of the states with minimum age limits, most set it at age 10. A few states set the age younger and a few older. States with minimum age limits have decided that children younger than a certain age can't legally commit crimes. Instead, the law will commonly place these young children in dependency court to evaluate the need for services.

Can Juveniles End Up in Adult Court?

Yes, it's possible for a juvenile to be tried as an adult and receive adult punishment.

Juvenile Age for Transfer to Adult Court

State laws vary as to the age at which a child can be tried as an adult—setting the minimum "transfer age" anywhere from 12 to 15. In most states, children age 14 to 17 can be tried in adult court.

However, some states only permit transfers of younger children when they are accused of felonies or violent crimes (as opposed to misdemeanors or property offenses). For example, a state law might permit the transfer of 14- and 15-year-olds to adult court only when accused of a felony but place no offense-level restrictions on the transfer of 16- and 17-year-olds.

Mandatory vs. Discretionary Transfers

States have both mandatory and discretionary transfer laws. Mandatory transfer laws often apply to murder and other serious charges when the accused juvenile is 15 or older. When it's a discretionary transfer, the judge will decide if it's in the best interest of the juvenile and public safety to go to adult or juvenile court. Often, it's in the child's best interest to stay in juvenile court, where punishments are usually less severe and records are more likely to remain private. However, in some cases, adult court may be preferable because adults have greater constitutional protections than juveniles.

What Are the Steps in a Juvenile Delinquency Case?

Many juvenile delinquency cases are resolved without formal charges ever being filed against the child. Informal resolution of a case might look like a referral to community-based programs or services, diversion, or supervision by a probation officer. Formal charges are most likely to be filed when:

• the offense is serious (such as violent crimes against persons)
• the minor is older
• the minor has a history of behavioral problems
• the minor has previously been in juvenile court, or
• the child's parents or guardians are not able to control the child.

The formal juvenile delinquency process resembles the adult criminal process but uses different terms, such as petition, adjudication, and disposition.

Petition. To bring formal charges against a child, the prosecutor files a delinquency petition. The petition outlines what offense(s) the child is accused of committing. (In adult court, this is called the criminal complaint, charges, or indictment.) In serious cases, the prosecutor might include a request to transfer the case to adult court.

Adjudication. Delinquency cases that stay in juvenile court go through an adjudication process, similar to a criminal trial in an adult case. Juveniles don't have a right to a jury trial, so it's the judge deciding whether to "adjudicate" the juvenile delinquent. (In adult criminal court, a finding of guilty leads to a "conviction.")

Disposition. Upon entering an adjudication of delinquency, the judge will then order a disposition. The disposition outlines a juvenile's punishment. (In adult court, the judge hands down a "sentence.")

What Type of Punishment Can Juveniles Face?

Most juveniles adjudicated delinquent will be ordered to probation. A probation officer will monitor the juvenile's probation plan, such as completion of required counseling, community services, anger management class, or substance abuse treatment.

Juvenile court judges can also get more creative, say by ordering a juvenile to give speeches at the local schools about the consequences of drug use. Other common dispositions include revoking the juvenile's driving privileges, ordering payment of restitution to the victim, or imposing a curfew and family counseling.

In serious cases, where a judge doesn't think the juvenile will respond to probation conditions, the judge might order residential placement in a juvenile corrections facility. This option is most like prison for adults. Federal law prohibits states from housing juveniles alongside adults.

What Constitutional Rights Do Juveniles Have in Delinquency Cases?

Children don't enjoy all the same constitutional rights as adults. But they do have:

• the right to legal representation in delinquency proceedings (and the state must provide lawyers to children who cannot afford them)
• the right to remain silent
• the right to confront and cross-examine witnesses, and
• the right to have the state prove the charges beyond a reasonable doubt.

In most states, juveniles don't have a right to a jury trial or bail in delinquency cases.

Are Juvenile Delinquency Records Confidential?

Compared to adult criminal records, juvenile records are less likely to be available publicly and are often easier to seal or expunge. But, contrary to popular belief, not all juvenile records are confidential. State law makes this determination, and many states make juvenile records available to schools, victims, law enforcement, and child protection agencies. A state law might also make certain juvenile records publicly available, such as those involving older teens who commit violent offenses.

Juvenile records—even those that are sealed—can often be used later in life if the person gets in more trouble. For instance, a person facing criminal charges as an adult might get a harsher sentence based on their prior juvenile record.

Obtaining Legal Assistance

It's always a good idea to talk to a criminal defense attorney or public defender who specializes in, or at least regularly handles, juvenile delinquency cases if your child has been arrested or faces a delinquency petition. Even if law enforcement or the prosecutor offers to handle the case informally, it can be helpful to have the advice of an attorney.