Juvenile Justice - Frequently Asked Questions
Juvenile Justice - Frequently Asked Questions
What is juvenile court?
What if a child commits an offense while under age 18 but isn’t charged until after becoming and adult?
What is always the main issue in juvenile court?
What should I do if my child is being investigated?
What happens during an interrogation of my child?
What should I do if my child is arrested?
What is diversion (immediate intervention)?
What is "Youth Court?"
Do I need a lawyer?
What happens at a "First Appearance?"
How do I prepare for trial?
What are the possible punishments?
What is JJA custody?
What is a "youth center?"
Is a juvenile record expungable?
What is juvenile court?
Juvenile court has jurisdiction over offenses committed by children from age 10 to 17. Prior to age 10, children are not tried as juvenile offenders, but instead as children in need of care. After age 17, offenses are tried in adult criminal court.
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What if a child commits an offense while under age 18 but isn’t charged until after becoming and adult?
An offense committed by someone while they were under the age of 18 will be charged in juvenile court even if the person turns 18 before the charges are filed or the case is tried.
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What is the main issue in juvenile court?
In juvenile court, the main issue always is who should raise your child. Obviously, if your child is not guilty then the government should not interfere in your custody. However, even if your child is guilty, the issue remains how much the government should interfere in your parenting of your chid.
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What should I do if my child is being investigated?
Never lie to an investigating officer. Instead, your child should tell the officer that your child intends to cooperate, but first your child must speak to her parents and her/his lawyer.
Your child has significant legal rights during an investigation. Those rights include the right to remain silent, the right to a lawyer, and the right to be free from unreasonable searches and seizures. Your child should not waive those rights without consulting a lawyer.
Parents must be present at interrogations of children up through age 13.
Read Kansas Statute number 38-1624 with reference to (3), (A) and (B)
After a child turns 14, officers could interrogate your child without a parent’s presence, permission, or knowledge.
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What happens during an interrogation of my child?
Investigators are trained to use a number of techniques to coerce or trick your child into waiving his rights. The officer might tell your child that they will be nicer to him if he cooperates. Your child might be told that the investigator already knows all the facts anyway, and that they just want to hear your child’s side of the story. The officer might threaten to arrest your child unless he cooperates. Regardless of the style of interrogation, your child’s response is always the same: "I intend to cooperate, but first I must speak to my parents and my lawyer."
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What should I do if my child is arrested?
Your child will be taken to the Juvenile Intake and Assessment Center (JIAC). The personnel at JIAC will assess whether to release your child to you, or remand the child to the Juvenile Detention Center (JDC).
At JIAC, your child might be interrogated both about the alleged offense and about the child’s social history. The purpose of this investigation is to determine if your child should be released to your home, lodged in JDC or be referred to other services.
Important: Your child does not have to answer any questions at JIAC!
If your child is lodged at JDC, you will be notified of the detention hearing. The court must hold a detention hearing within 48 hours, not counting weekends and holidays. Notice of the detention hearing shall be given at least 24 hours prior to the hearing.
Read Kansas Statute number 38-1632
At the detention hearing, your child must be released to you unless your child is a danger to himself or others, or your child is at risk of not returning to court. The court could impose a bond for the release of your child.
Read Kansas Statute number 38-1632 with reference to (e)
If you want your child released to you, then your child’s lawyer should come prepared to show that your child has never harmed herself or others. Your lawyer should also show that your child has never run away. If possible, your lawyer should show the court that your child is involved in school and other activities that make it unlikely that she will run away.
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What is diversion (immediate intervention)?
"Diversion" or "immediate intervention" means that instead of prosecuting the charges against your child, the prosecutor or court will give your child an opportunity to prove that he should not be involved in the juvenile system.
Your child will be given a diversion contract. If your child completes all of the terms of the contract, the case will be dismissed. If your child fails diversion, your child will be adjudicated on the original offense without a trial.
The diversion contract will require your child to commit no further offenses during the term of the diversion. The diversion contract might also require your child to pass drug screens, attend special classes, obey a curfew, and perform community service. Other provisions vary with each judge and case.
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What is "Youth Court?"
"Youth Court" is another form of "immediate intervention." At Youth Court, other teens serve as prosecutors, defenders, and judges. Some youth courts permit your child to plead not guilty and request a trial. Others require your chid to plead guilty.
The Youth Court has authority to impose consequences similar to a diversion contract. Possible sentences include community service, letters of apology, and restitution.
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Do I need a lawyer?
All children must be represented by counsel in juvenile proceedings. The court will automatically appoint a lawyer for your child when the charges are filed.
You do not have to accept the court’s appointed lawyer. You may retain your own attorney at any time.
To determine if you need retained counsel, ask your court appointed lawyer the following questions:
Where and when did you graduate from law school?
How many juvenile proceedings do you handle in a year?
What is the main issue in a juvenile offender proceeding? (Correct answer: The issue is always who will raise my child.)
Have you ever represented a child with the unique needs of my child?
How much do you charge your retained clients? (A low regular rate indicates that the lawyer might not be in demand.)
Will you meet with me and my child prior to the first appearance?
Does the court appointed lawyer return my phone calls?
Does the court appointed lawyer demonstrate a sincere willingness to take my child’s case to heart?
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What happens at a "First Appearance?"
At the first appearance, your child will plead "guilty" or "not guilty" to the alleged offense. Your child could also request diversion or a continuance, or plead no contest.
The offenses alleged in the petition are presumed to be false until the state proves them beyond a reasonable doubt. "Guilty" is a technical legal term. It does not mean that your child committed the offense. It means only that the state has proved its allegations beyond a reasonable doubt.
"Not guilty" does not mean "innocent." It means only that you challenge the state to prove its case beyond a reasonable doubt. The court will not determine if your child is "innocent," but only whether the state has proven its allegations beyond a reasonable doubt.
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How do I prepare for trial?
Your lawyer has a wide array of tools available to prepare your case for trial. At a minimum, your lawyer should immediately discover all of the evidence that the state intends to use against your child. For example, your lawyer should demand to view or copy the police investigations leading to the charges. You might not be permitted to copy the reports for yourself, but your lawyer should be willing to discuss them with you.
Your lawyer should then subpoena any witnesses who can testify in your favor. You can help prepare your defense by listing the names, addresses, and phone numbers of any witness who might be helpful to your case. You could also briefly describe the testimony that each witness might provide.
Any documentary evidence should be carefully examined to determine if it will be admissible in court. Documents provided by third parties who will not be present in court should be certified with a business records affidavit.
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What are the possible punishments?
The court has wide discretion in sentencing your child. The sentence should depend on the seriousness of the offense the child’s needs, and the protection of the community.
Most non-serious first time offenders will be placed on probation. "Probation" means something different in juvenile court than in criminal court. Adults in criminal court receive a jail or prison sentence which they do not have to serve if they successfully comply with probation. In contrast, juveniles do not have an underlying jail sentence. Instead, their "probation" really consists of intrusions by the state into the custody of the parents.
Most probation terms require behaviors that parents would support anyway. For example, a probation plan might require the juvenile to obey the reasonable and lawful commands of parents and others in authority. The juvenile might be required to obey all laws, and to attend and prepare for school. The juvenile might be prevented from spending the night with friends or associating with others known to be involved in illegal activity.
As the name implies, Intensive Supervision Probation monitors your child more closely than regular probation. A child on "ISP" might be required to meet more often with a probation officer, and might have more restrictions on curfews and travel.
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What is JJA custody?
Children who are placed in the custody of the State of Kansas have their custody managed by the Juvenile Justice Authority, an agency of the state. The Juvenile Justice Authority (known as "JJA") will evaluate your child’s needs and the safety of the community to determine where your child will reside. Your child might reside with you, or in a group home, a mental hospital or other institution, or at a juvenile correctional facility (commonly known as a "youth center").
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What is a "youth center?"
The Juvenile Justice Code establishes "juvenile correctional facilities." These facilities are used to be called "youth centers," and that name is still in common use.
Commitment to a youth center is the most extreme intrusion on the custody of a parent and the liberty of a juvenile. The duration of a stay at a youth center is determined by the juvenile placement matrix.
Read Kansas Statute number 38-16,129
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Is a juvenile record expungable?
Expungement means that your child’s juvenile record no longer exists.
Read Kansas Statute number 38-1610 with reference to (e)
Your child may honestly answer job and college applications that he has no juvenile record. However, even an expunged juvenile record will be used within the court system to determine sentencing for adult crimes.
Read Kansas Statute number 38-1610 with reference to (e)
A juvenile record may be expunged two years after release from the court’s jurisdiction. So, if your child was on probation for six months, the two years begins counting after the completion of the six month term of probation.
Read Kansas Statute number 38-1610 with reference to (d), (1) and (a)
Expungement is not automatic. Your juvenile record will not be expunged unless you apply for expungement. Even then, the court has discretion whether or not to permit expungement. Often, the court will approve expungement if you have had no further offenses since your release from the court’s jurisdiction.
To apply for expungement, download the application for expungement {http://courts.jocoks.com/forms/JEXPUNGE.PDF} and file it with the court where you were adjudicated as a juvenile offender.
For more information about the process for expungement, see the website for the Johnson County District Attorney, Juvenile Division. http://courts.jocoks.com/da_juv_form.htm
Same sex offenses cannot be expunged:
Read Kansas Statute number 38-1610 with reference to (b)
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Resources for Juvenile Offenders
Inside Juvenile Detention Center (JDC): http://www.jocofamily.net/InsideJDC.html
Video tour of the Johnson County Juvenile Detention Center
Understanding Kansas Truancy Laws– http://www.jocofamily.net/TLaws.html
Video explanations of Kansas Truancy Laws
Application for expungement http://courts.jocoks.com/forms/JEXPUNGE.PDF
Use this form to apply for expungement of juvenile record, at least two years after release from the jurisdiction of the juvenile court (for example, two years after finishing probation). For more information about the process for expungement, see the website for the Johnson County District Attorney, Juvenile Division. http://courts.jocoks.com/da_juv_form.htm
Juvenile Justice Authority (State of Kansas):
http://www.ksjja.org
Official site of the Juvenile Justice Authority
Johnson County Family Net
http://www.jocofamily.net/index.asp
Site created by the Johnson County library for families with children at risk or in the juvenile justice system
ToughLove http://www.toughlove.com
Tough Love is a parent support group for parents of children with behavior problems. (913) 492-1200. Groups are:
KANSAS SITES:
Monday, Holy Trinity Chapel basement,
92nd and Pflumm, Lenexa, 7:30 - 9:00 p.m.
Tuesday, Unity Church,
103rd and Antioch, Overland Park, KS 7:30 p.m.
Wednesday, Kaw Valley Mental Health
759 Vermont, KC, Ks, 7:00 p.m.
Saturday, Crossroads Church
106th Quivira, Overland Park, 10:00 a.m.
MISSOURI SITES:
Tuesday, Christ Church Unity North
1000 NE Barry Rd., KC, Mo, 7:00 p.m.
Tuesday, First Christian Church of Blue Springs
701 NW 15th, Blue Springs, Mo 7:00 p.m.
Wednesday, Longview Methodist Church
7205 Longview, KC, Mo 7:00 p.m.
Thursday, YMCA
10301 E. 350 Highway, Raytown, Mo 7:00 p.m.
Love and Logic http://www.loveandlogic.com/
A technique for keeping parents in control while teaching children and teens to make responsible choices. Love and logic training is available at numerous local community sites throughout the year. Check with your school district, PTA, and churches to find a site near you.
Juvenile Justice Research Project Results
http://www.kci.org/publication/juv_justice_resch/jjrsch.htm
Report of the Koch Crime Institute on Juvenile Justice in Kansas
Johnson County District Attorney– Juvenile Division http://courts.jocoks.com/da_juv.htm
Resources and advocacy to end zero tolerance policies in schools.
http://www.endzerotolerance.com/index.htm
Comprehensive resource for special education advocacy.
http://www.wrightslaw.com
General legal reference page, with links to all courts, statutes, legal news, and self help resources.
http://www.findlaw.com
Find alawyer in another city.
http://www.lawyers.com
http://www.martindale.com
Read the Law: Juvenile Offenses
Read the Law –
Enter the statute number in the on-line Kansas Legislature Statute Directory. Go to: http://www.kslegislature.org/cgi-bin/statutes/index.cgi
Statute numbers are provided below for:
Kansas Juvenile Justice Code
Chapter 38, Article 16
Statute number and description
38-1601 Citation; goals of the code; policy development
38-1 602 Definitions
38-1602a History
38-1602b History
38-1603 Time limitations
38-1604 Jurisdiction; placement with department of social and rehabilitation services or juvenile justice authority, costs
38-1605 Venue
38-1606 Right to an attorney
38-1606a Appointment of court-appointed special advocate
38-1607 Court records; disclosure; preservation of record
38-1607a History
38-1608 Records of law enforcement officers and agencies and municipal courts concerning certain juveniles; disclosure
38-1609 Records of diagnostic, treatment or medical facilities concerning juvenile offenders
38-1610 Expungement of records
38-1611 Fingerprints and photographs
38-1612 Duties of county or district attorney
38-1613 Docket fee and expenses
38-1614 Health services
38-1615 Age of juvenile, presumption
38-1616 Expense of care and custody of juvenile
38-1617 Juvenile offender information system; definitions
38-1618 Same; establishment and maintenance
38-1619 Reserved
38-1620 Reserved
38-1621 Commencement of proceedings
38-1622 Pleadings
38-1623 Notice of defense of alibi or mental disease or defect
38-1624 Juvenile taken into custody, when; procedure; release
38-1625 Proceedings upon filing of complaint
38-1626 Summons; persons upon whom served; form
38-1627 Service of process
38-1628 Proof of service
38-1629 Service of other pleadings
38-1630 Subpoenas and witness fees
38-1631 Issuance of warrant
38-1632 Detention hearing; waiver; notice; procedure; removal from custody of parent; audio-video communications
38-1633 Pretrial hearings
38-1634 Nolo contendere
38-1635 Immediate intervention programs
38-1636 Prosecution as an adult; extended jurisdiction juvenile prosecution; burden of proof; authorization
38-1637 Proceedings to determine competency
38-1638 Same; commitment of incompetent
38-1639 Same; procedure when respondent not civilly committed
38-1640 Criteria for detention of juvenile in detention facility
38-1641 Duty of parents and others to appear at all proceedings involving juvenile offender; failure, contempt
38-1642 Reserved
38-1643 Reserved
38-1644 Reserved
38-1645 Reserved
38-1646 Reserved
38-1647 Reserved
38-1648 Reserved
38-1649 Reserved
38-1650 Reserved
38-1651 Time of hearing
38-1652 Hearings; open to the public; restrictions
38-1653 Rules of evidence
38-1654 Degree of proof
38-1655 Adjudication
38-1656 Jury trials in certain cases
38-1657 Recorded statement of child victim admissible in certain cases; limitations
38-1658 Videotape of testimony of child victim admissible in certain cases; limitations; objections; restrictions
38-1659 Reserved
38-1660 Reserved
38-1661 Presentencing; investigation, report and hearing; sentencing risk assessment tool
38-1662 Evaluation of development or needs
38-1663 Sentencing alternatives
38-1663a History
38-1663b History
38-1664 Juvenile offenders placed in custody of commissioner, considerations by court; notification of court; reports by commissioner and foster parents; permanency hearing.
38-1665 Modification of sentence
38-1666 Violation of condition of probation or placement
38-1667 Termination of jurisdiction
38-1668 Duty of parents and others to aid in enforcement of court orders; failure, contempt
38-1669 Reserved
38-1670 Reserved.
38-1671 Commitment to juvenile correctional facility; duties at time of commitment; transfers
38-1672 History
38-1673 Same; conditional release; procedure; supervision; notification of county or district attorney and victim, local law enforcement agency and school district; aftercare services; notifications required upon release
38-1674 Same; conditional release; failure to obey; authorized dispositions
38-1675 Same; discharge from commitment; notification to county or district attorney, victims and local law enforcement agency
38-1676 Release of juvenile offenders for acts committed before July 1, 1999; notice to county or district attorney, victim, local law enforcement agency and school district; hearings
38-1677 Juvenile offenders, release or discharge; school district involvement, policies
38-1678 Reserved
38-1679 Reserved
38-1680 Reserved
38-1681 Orders appealable by juvenile; appeal of departure sentence, procedure
38-1682 Appeals by prosecution
38-1683 Appeals; procedure.
38-1684 Temporary orders pending appeal; status of orders appealed from
38-1685 Fees and expenses
38-1686 Reserved
38-1687 Reserved
38-1688 Reserved
38-1689 Reserved
38-1690 Reserved
38-1691 Prohibiting placement or detainment of juvenile in jail; exceptions; review of records and determination of compliance by juvenile justice authority
