ITS A DIFFERENT WORLD Judge Rita W. Gruber STRUCTURE Twenty-One - - PowerPoint PPT Presentation

JUVENILE LAW: IT’S A DIFFERENT WORLD

Judge Rita W. Gruber

STRUCTURE

Twenty-One Judicial Districts in Arkansas Sixth Judicial District Circuit Courts

Pulaski and Perry Counties Seventeen Courts Three assigned to juvenile jurisdiction cases

PHILOSOPHY

Probation is a privilege REHABILITATION Least restrictive alternative Maintain the family unity

DEFINI NITIONS TIONS

DELINQ NQUEN UENT: T:

Any juvenile ten ( 10) years old or older who has committed an act other than a traffic or game and fish violation which, if such act had been committed by an adult, would subject such adult to prosecution for a felony, misdemeanor, or violation.

JUVENI NILE: LE: Any in indiv ivid idual l who:

is under the age of eighteen (18) years, whether married or single; is adjudicated delinquent, a member of a family in need of services (FINS), or dependent/neglected by the juvenile division

• f circuit court prior to eighteen (18) years

and for whom the juvenile division of circuit court retains jurisdiction

DISPOSI OSITIO TION

Sentence

ADJUDIC ICAT ATIO ION

Trial

PLEA

Admit or deny the petition guilty or not guilty

PARTY Y DEFENDANT: NT:

The juvenile who committed the delinquent act or is the subject of a dependent/neglect action or a FINS petition. The parent(s) or legal custodians of a juvenile involved in a juvenile division case. Party Defendants are also under the jurisdiction of the Court.

TRUANT NT:

Any individual, under compulsory school age, who has absented himself/herself from school without justification Each school district shall adopt its own attendance policy and sets its own number of absences required to be considered truant

FELON ONY: Y:

Any offense for which an adult can be sentenced to the Arkansas Department of Corrections upon finding of guilt. Penitentiary Offense

MIS ISDEME EMEAN ANOR: OR:

Any offense which could result in incarceration in the County Jail for up to one (1) year or fine of up to $1,000.00. Non-Penitentiary Offense

AGE RANGES

Juveniles age 14 and 15:

Can be charged as an adult when he/she engages in conduct that, if committed by an adult would be:

• Capital Murder
• Murder in the first degree
• Kidnapping
• Aggravated Robbery
• Rape
• Battery in the first degree
• Terroristic Act

Juveniles age 16:

Can be charged as an adult when he/she engages in conduct that, if committed by an adult would be any felony.

DELI LINQUEN NQUENCY CY DI DISP SPOSIT OSITIONAL IONAL ALT LTERN RNATIV ATIVES ES

Transfer legal custody to any licensed agency responsible for the care of delinquent juveniles/or to a relative/other individual Commit juvenile to Division of Youth Services for an indeterminate period not to exceed the juvenile’s twenty-first birthday Order juvenile/members of family to submit to physical, psychiatric or psychological evaluations

Place juvenile on Probation, which may include requiring the juvenile to attend school or make satisfactory progress towards a GED certificate.

The Court has the right to revoke probation if the juvenile fails to regularly attend school or if satisfactory progress towards a GED certificate is not being made.

Order Probation Fee, not to exceed twenty dollars ($20.00) per month Assess court cost not to exceed thirty-five dollars ($35.00) Order restitution to be paid by the juvenile, a parent, both parents, the guardian or custodian (Up to $10,000.00 without jury trial)

Order fine of not more than five hundred dollars ($500.00) Order juvenile/parent(s)/guardian to perform community service not to exceed one hundred sixty (160) hours Order parent(s)/guardian to attend parental responsibility training program

FAILU LURE RE TO COMPL PLY COULD D RESULT LT IN CONTEM EMPT PT OF COURT SANCTIONS TIONS

Detain juvenile up to ninety (90) days in a juvenile detention facility Place juvenile on electronic monitoring Order parent to pay for the cost of electronic monitoring or detention Order the Department of Finance and Administration to suspend the driving privileges

• f any juvenile adjudicated delinquent

Order juvenile to complete Civilian Student Training Program (CSTP) DNA Testing (See Ark. Code Ann. 9-27-356)

FAMILY IN NEED OF SERVICES (FINS)

Any family whose juvenile evidences behavior which includes, but is not limited to, the following:

being habitually and without justification absent from school while subject to compulsory school attendance.

• When a student exceeds the number of

excessive unexcused absences provided for in the school’s attendance policy, the school district or adult education program shall notify the prosecuting authority, and the student’s parents or guardians shall be subject to a civil penalty thourgh a family in need of services (FINS) action.

– Ark. Code Ann. 6-18-222 (a)(5(A)

Being habitually disobedient to the reasonable and lawful commands of his/her parents, guardians, or custodians. Having absented himself/herself from home without sufficient cause, permission,

• r justification.

DISPOSITIONAL ALTERNATIVES FOR FINS

Order family services Transfer custody to the Department of Human Services or other licensed agency, relative, or individual

Custody can only be transferred after a complete home evaluation has been completed by the Department of Human Services resulting in the recommendation that change of custody is in the best interest of the juvenile.

Order parent/guardian to attend court- approved parenting training

Place juvenile on electronic monitoring Order juvenile/parent/guardian to complete up to one hundred sixty (160) hours of community service Place juvenile on supervision terms, including:

Requiring the juvenile to attend school or make satisfactory progress toward a GED certification Requiring the juvenile to observe a curfew Prohibiting the juvenile from possessing or using any alcohol or illegal drugs

Order fine not to exceed five hundred dollars ($500.00)to be paid by the juvenile, parent(s), or guardian(s) when the juvenile exceeds the number of excessive unexcused absences provided in the student attendance policy of the district or the State Board of Workforce Education and Career Opportunities

Order court costs not to exceed thirty-five dollars ($35.00) Order juvenile service fee not to exceed twenty dollars ($20.00) per month.

• VIOLATION OF THE COURT’S ORDERS MAY SUBJECT

THE E JU JUVENIL ILE, , PARENT(S), T(S), AND/OR OR GUARDIANS IANS TO CONTEM TEMPT PT SANCTIONS. TIONS.