Revenue Bonds (Jd)

Front 1

The official paper w the notice of the allegations in a dependency case

Back 1

Petition

Front 2

Arraignment

Back 2

A formal process by which a child is charged w a delinquent act. Charges, answer, pleas. After a parent receives the charges, there is a ct hearing called an arraignment. These hearings must be held wi 28 days of a shelter hearing. Here, the parent:
(1) Enters a response to the petition-usually an admission or denial; and
(2) is given an atty if one has not already been appointed.
Failure to attend an arraignment is deemed a consent to the dependency.

Front 3

Discovery

Back 3

(1) Like any ct process, the parties have a right to get info from other parties so they can be better prepared for adjudication
(2) There is a general obligation to turn over a list of potential witnesses, statements from witnesses, reports of experts and documents to be used in an adjudication.

Front 4

Adjudication

Back 4

Judge only trial-no right to a jury trial. Evidence must be proven by a preponderance of the evidence.

Front 5

Conclusions of the ct

Back 5

(1) Child not dependent-If the petitioner has not proven the case by a preponderance, the ct dismisses the case.
(2) Adjudication withheld, child not dependent but order services. IF the petitioner has proven the case by a preponderance of the evidence but a child can safely be placed in the home where the allegations arose, the ct can withhold adj. and order services in the home.
(3) Child is dependent-If the petitioner has proven the case. THe ct can find the child dependent and will then have to decide on placement for the child.

Front 6

Case plan definition

Back 6

A document that lists why a child is dependent, what services the state will offer the parent and child to help fix the problem or get the child a permanent home, and what obligations the parent and all [arties have to help accomplish the goals of the plan.

Front 7

Case plan process

Back 7

(1) Should be designed in a meeting w all the key players. At a minimum, you have to have parent, guardian ad litem, custodian, case manager, if appropriate, the child.
(2) Concurrent planning

Front 8

Case plan content

Back 8

(1) Problem being addressed
(2) permanency
(3) services;
(4) obligations of the parent
(5) Timelines
(6) Signatures
(7) Approval by the ct

Front 9

Permanency

Back 9

This is the ultimate goal of the whole dependency process. The q is where the child should live for the rest of his childhood. These are the options in order of preference:

(1) Reunification
(2) Adoption
(3) Permanent guardianship
(4) Permanent placement w a fit and willing relative, or
(5) placement in another planned permanent living arrangement

Front 10

Timelines

Back 10

(1) Each service or obligation will have a timeline
(2) The overall plan will expire no later than 12 months after the date child was removed from home or adjudication of dependency, whichever occurred 1st

Front 11

Disposition

Back 11

After adjudication, the ct must hold a disposition hearing to decide the placement, services and permanency goals for the case. The major task at the ct approval case plan which meets these tasks. The parties may present evidence to challenge the case plan or any other proposed order for placement, services or the goal.

Front 12

Judicial Reviews

Back 12

Unlike other ct cases, after an adjudication and disposition, a dependency case is not over. There are mandated reviews on the status of the case. These must be held at least every 6 months but can be held more often. Before each judicial review, the Dept must provide all parties and file w the ct a judicial review.

Front 13

At the judicial review hearing, the primary task is to review the case plan and decide:

Back 13

(1) Has the Dept provided reasonable effort toward the goals of the case plan
(2) have the parents substantially complied w the case plan
(3) where the child should continue to be placed
(4) whether to change the goals
(5) what additional services or obligations need to be added to the case plan

Front 14

At the judicial review hearing, any of the parties can file motions to address:

Back 14

(1) Placement
(2) Visitation
(3) Services
(4) Change of goals

Front 15

Citizen review panels

Back 15

Rather than appear before a judge, it's possible to have the case reviewed by a group of citizens who will make recommendations to the judge wo a formal ct hearing. This process must be approved by the parties.

Front 16

17 yr old review

Back 16

If a child is in foster care when he or she is 17, there must be a special hearing conducted just on his needs. THe purpose is to make sure that the system is doing what it's obligated to do to help the child transition to adulthood.

Front 17

Permanency hearing

Back 17

After a child has been in care 12 months, there must be a hearing to decide whether the case is making progress, If not, the ct must order the case move toward termination of parental rights so a child can have a permanent home and not languish in foster care.

Front 18

Termination of parental rights (timing)

Back 18

A petition to terminate parental rights can be filed at any time. Most cases start w a dependency petition and go through a case plan process. However, the Dept must file a petition if:
(1) The child has not returned to the parents 12 mths after being sheltered or adjudicated
(2) The child has been out of the home 12 of the most recent 22 months
(3) the parent has been convicted of some serious offenses including murder of another parent or another child of the parent
(4) the ct decides that reunification efforts are not required

Front 19

Termination of parental rights (procedural protections)

Back 19

like at the dependency phase, parents have a right to an atty, notice of the charges, discovery, and a trial w an ability to cross-examine witnesses, call witnesses and present other evidence.

Front 20

Grounds-Parental rights can be terminated if the following grounds are proven:

Back 20

(1) Parent has voluntarily surrendered their rights.
(2) Child has been abandoned and the parents cannot be located wi 60 days.
(3) Parent's conduct demonstrates continuing involvement would threaten life, safety, well-being or health of the child, irrespective of provision of services
(4) Child has been adjudicated dependent, case plan has been materially breached by the parent and there has been 12 months
(5) the parent subjected the child or another child to:
(i) aggravated child abuse
(ii) sexual battery
(iii) sexual abuse or
(iv) chronic abuse

Front 21

Bifurcated findings for termination of parental rights

Back 21

The ct must determine:
(1) Have the allegations been proved; and
(2) Manifest Best Interest-If the grounds have been proven, the ct must consider whether is is in the manifest best interest to terminate. There are circumstances in which the grounds have been proven but there may be no place for the child to get permanency.

Front 22

Adoption (Dependency: terminating parental rights)

Back 22

The ultimate goal of terminating parental rights is to have the child adopted. A child cannot be adopted until parental rights have been terminated. All other permanency options are available wo a termination.

Front 23

Delinquency proceedings-Jurisdiction

Back 23

Juvenile ct has jurisdiction over children charged w delinquent acts. Children are defined as under the age of 18 when the commit the offense. Once a child is charged w a delinquent act, the ct can retain jurisdiction until a child turns 19 except for those children committed to the most restrictive levels of treatment. Then, the ct generally has jurisdiction until the child turns 21 or in the rarest of cases, 22.

Front 24

Delinquency proceedings-DP

Back 24

Children don't benefit directly from the Bill of Rights that apply to criminal proceedings. However, their liberty is at risk. Children don't get jury trials or right to bail/bond. Primary goal is rehabilitation. This is reinforced by confidentiality of the records. If a child is rehabilitated for their mistakes as a child, they shouldn't take that history into adulthood.

Front 25

Criminal procedure q involving a child

Back 25

analysis is the same. However, children may interpret custody different from adults, and therefore a 5th incrimination challenge may have a different result. School officials need only reasonable suspicion to do searches.

Front 26

Diversion

Back 26

(1) Recommended by juvenile officers-who work for DJJ
(2) Approved by SAO
(3) Usually community based programs
(4) If successful, case never filed-or if filed, dismissed-not charged w a delinquent act

Other option is civil citation (Misdemeanors, referred to Community Resources)

Front 27

Juvenile ct or adult ct

Back 27

(1) Prosecutorial discretion whether to file or not any case in juvenile ct
(2) only some cases go to adult ct. The assumption under the law is that children are in delinquency ct if the offense was committed before they were 18. However, in these circumstance, the case can be tried in adult ct:
(1) Child chooses
(2) Child under 14, SAO can petition juvenile ct to transfer the child
(3) SAO mandatory request for transfer
(4) SAO discretionary filings
(5) SAO mandatory filings
(6) Any age for adult ct for what would be a crime punishable by death and life wo parole.
(7) Once tried in adult ct and convicted, a child will be considered an adult for any future criminal activity.

Front 28

SAO must request a transfer to adult ct (unless written reasons are provided) if:

Back 28

(i) child is 14+ and prev. adjudicated for serious violent offenses
(ii) Child is 14+ and had 4+ prior adj.s for felonies, whether violent or not

Front 29

SAO has discretion to file against:

Back 29

(1) Any 14 or 15 yr old w certain violent offenses
(2) Any 16 or 17 yr old charged w a felony
(3) If the child is charged a misdemeanor-can still be charged as an adult if prev. adjudicated for 2 offenses, 1 of which must be a felony

Front 30

State must file in adult ct if:

Back 30

(1) 16 or 17 years old-prev. adjudicated serious violent offense and now charged again
(2) 16 or 17 yrs old-prev. adjudicated for 3 felonies-each 45 days apart and now charged w a forcible felony
(3) No matter what age-if charged w grand theft of a motor vehicle and caused serious injury or death. All willing passengers must be transferred to adult ct.

Front 31

Restrictions on detaining children

Back 31

(1) To allow a parent to avoid her legal responsibility
(2) To permit more convenient administrative access to a child
(3) To facilitate further interrogation or investigation
(4) Due to lack of more appropriate facilities

Front 32

Children can only be detained for __days before the adjudication

Back 32

21

Front 33

If not detained, children must be brought to trial within ___ days of being taken into custody or served a summons.

Back 33

90

Front 34

After being found delinquent, detention timeline

Back 34

Unless committed to the highest security levels, children can only be held in detention for 5 days after being found delinquent-they have to be moved to a treatment facility.

Front 35

Charges

Back 35

Petition w charges must be served on a child by summons. Summons must also be served on parents, legal custodian and guardian ad litem, all of whom must also appear in ct.

Front 36

Answer

Back 36

There are no default judgments in delinquency proceedings. Children can write an answer admitting the charge but must make it clear that they have waived their rights. Can waive arraignment.

Front 37

Pleas

Back 37

Ct must find:
(1) A factual basis for the plea
(2) Has an atty or has had a meaningful opp. to consult one and waives one
(3) Knowingly and intelligently waives his rights to a trial and appeal

Front 38

Procedural protections in adjudications

Back 38

(1) Discovery
(2) Open hearings-public trial
(3) Right to confront witnesses
(4) Right to subpoena witnesses
(5) Right against self-incrimination
(6) Proof beyond a reasonable doubt
Also, after adjudication, child or parent has right to appeal

Front 39

Discovery

Back 39

Constitutionally and by rule, the state must provide exculpatory evidence to a child. Once a child begins discovery by asking the state for it, he must turn over some evidence he plans on using in trial as well.

Front 40

Dispositions-Assessments

Back 40

(1) Purpose of rehabilitation-should have comprehensive assessments
(2) Staffing-After an assessment is done and a draft of a written report is completed, there is a meeting to discuss what Dept of Juvenile Justice will recommend. (commitment staffings).

Front 41

Options for the Ct if a child is found to have committed a delinquent act

Back 41

Two big ones: (1) Probation (2) Commit to DJJ
(1) The ct must follow the DJJ recommendation or state reasons for ordering placement in a diff level
(2) Any sentence whether probation or commitment cannot be longer than what an adult could've been sentenced to for the same offense.

Front 42

Commitment

Back 42

Aways for an indeterminate time but cannot exceed what an adult would have received.
(1) Purpose is rehabilitation and the child should stay in the program until rehabilitated.
(2) Ct can consider a child's request to end commitment early
(3) Child cannot be released by the Dept wo the judge's consent.
(4) After commitment, child may remain under supervision in a post-commitement supervision-like probation
(5) If committed to DJJ, child can be detained after adjudication pending disposition if committed to a program

Front 43

Parents' liability

Back 43

(1) Ct can order parent to go to counseling, parenting classes or receive services. If purpose is rehabilitation and the child can't be rehabilitated wo family getting rehabilitated, parent should get services.
(2) Community service-Parent can only be ordered to participate in community services if they did not make an effort to prevent a child from engaging in a delinquent act
(3) Damage-Unlike in a civil suit, in which there must be some negligent supervision of a child for a parent to be liable financially, in a delinquency proceeding, the parent can be held responsible for the damages and provide restitution to the victim.
(4) Cost of Case-Parent can be ordered to pay for cost of probation or commitment.
(5) RIght to be heard-At a disposition in which a parent will face one of these consequences, they have a right to be heard. This is the only time they are treated as a "party" although technically they are not one.

Front 44

Sentencing alternatives in adult ct

Back 44

Ct can order DJJ services rather than adult prison or in addition to adult prison.

Front 45

Arraignment

Back 45

A formal process by which a child is charged w a delinquent act. Charges, answer, pleas. After a parent receives the charges, there is a ct hearing called an arraignment. These hearings must be held wi 28 days of a shelter hearing. Here, the parent:
(1) Enters a response to the petition-usually an admission or denial; and
(2) is given an atty if one has not already been appointed.
Failure to attend an arraignment is deemed a consent to the dependency.