FAQs (Frequently Asked Questions)
- Who Is a Juvenile Delinquent?
- How Does the Family Court Case Begin?
- Does the Child Need a Lawyer?
- What Types of Hearings Are Held?
- What Happens at the Fact-finding Hearing?
- What Happens at the Dispositional Hearing?
- What Happens if the Respondent Disobeys the Dispositional Order?
Who Is a Juvenile Delinquent?
Starting at age seven, children can be brought to court if they are accused of committing a crime. Where the case is handled and how the child is treated depends on several factors including the child’s age, intent, and past record. Youth who are accused of committing crimes fall into three categories: Juvenile Delinquent, Juvenile Offender, and Adolescent Offender.
A Juvenile Delinquent is a child over 12, but under 18 years of age, who commits an act that would be a crime if it had been committed by an adult. Children over 7 but less than 12 years of age, who commit specific serious or violent acts listed in Family Court Act Section 301.2(1)(a)(iii), may also be juvenile delinquents.
Cases involving Juvenile Delinquents are handled in Family Court. Juvenile Delinquents do not go to adult jails. Instead, the court decides if they need supervision, treatment, or placement through the local department of social services or the New York State Office of Children and Family Services. Juvenile Delinquents do not have criminal records. Family Court proceedings are confidential and in some instances the cases can be sealed.
Juvenile Offenders, who are 13, 14, and 15 years of age, are charged with committing serious or violent felony offenses listed in Penal Law Section 10.00 (18). Juvenile Offenders are not considered Juvenile Delinquents. Juvenile Offender cases are heard in the Youth Part of Supreme Court. Juvenile Offenders who are convicted will have permanent criminal records unless the Court grants Youth Offender status. Juvenile Offender cases can be transferred to Family Court if the Court determines that the transfer would be in the best interests of justice. Upon transfer to Family Court, the youth is then considered a Juvenile Delinquent.
Adolescent Offenders are youth 16 or 17-years old who commit a felony offense. The case is originally heard in the Youth Part of Supreme Court. However, the case may be transferred to Family Court, where the youth will be considered a juvenile delinquent and will be eligible to receive all services and programs available to juvenile delinquents.
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How Does the Family Court Case Begin?
A prosecuting attorney from the New York City Law Department, called an "Assistant Corporation Counsel", presents the juvenile delinquency case. An Assistant District Attorney presents cases involving juvenile offenders, and some juvenile delinquency cases involving certain serious crimes (called "designated felonies"). The presentment agency (prosecutor) prepares a petition against the child containing a description of the acts he or she is accused of committing. The accused child is called the "respondent". The victim in the case is called the "complainant".
A child who has been arrested and held may be brought directly to Family Court by the police, or, when court is not in session, may be held overnight in a detention center until the next court day. In the alternative, a child may be arrested and released after being given an "appearance ticket" directing him or her to appear in court on a certain date. In court, the child and his parent or guardian are given a copy of the petition.
There are no filing fees in Family Court.
Does the Child Need a Lawyer?
The child must have a lawyer representing him or her. If the parent or guardian cannot afford to hire a lawyer, the court will assign a lawyer to represent the child free of cost.
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What Types of Hearings Are Held?
In a juvenile delinquency case, the trial is called a "fact-finding hearing". A fact-finding hearing is the same as a criminal trial, but without a jury. The judge decides whether the child committed the acts described in the petition. If the court decides that the child must be held in detention ("remanded") while waiting for the fact-finding hearing, a "probable cause" hearing may be held to determine whether there is good cause to hold the child in detention. There is no bail set in juvenile delinquency cases in Family Court.
Other hearings which may be scheduled concern the evidence which the presentment agency may wish to use in the fact-finding hearing. The presentment agency must give certain police reports and other documents to the respondent's lawyer so that the respondent can prepare his or her defense.
What Happens at the Fact-finding Hearing?
At the fact-finding hearing, the presentment agency must prove its case through witnesses and other evidence. The respondent's attorney may cross-examine the witnesses and may present witnesses and evidence for the respondent. If the presentment agency proves the case beyond a reasonable doubt, the judge makes a "finding" that the respondent committed some or all of the acts described in the petition. If the case has not been proven, the judge will dismiss the petition.
If a finding is made, the judge will schedule a "dispositional hearing" and order the Probation Department to investigate the respondent's home and school behavior. The judge may order an evaluation by the city's Mental Health Services. The court may either "remand" the respondent to a detention facility or "parole" (release) the child to the custody of his or her parent or guardian until the dispositional hearing.
What Happens at the Dispositional Hearing?
At the dispositional hearing, the judge decides whether the respondent is a "juvenile delinquent" in need of supervision, treatment or confinement (placement). During the hearing, the judge hears testimony from the probation officer about the respondent's previous behavior in school and at home, and any previous court cases involving the respondent. The respondent's parents or guardians and other persons with information helpful to the court may testify.
The probation officer may recommend that the respondent be permitted to live at home without court supervision, but with certain conditions set by the court (a "conditional discharge"); or that he or she be supervised by the Probation Department while living at home (an "order of probation"); or that the court place the respondent in a facility away from home, such as a group home or secure facility. The respondent may also be ordered to pay for damage to the complainant's property and/or unreimbursed medical expenses incurred by the complainant as a result of the respondents actions
The judge decides which disposition would meet the needs of the respondent and signs a dispositional order. Even if there is a finding that the respondent committed the acts described in the petition, if the judge finds that the respondent is not in need of supervision, treatment or confinement, the petition must be dismissed. The petition may also be dismissed after the court has ordered an adjournment in contemplation of dismissal ("ACD"). An ACD is where the case is on hold for up to 6 months to decide whether it should be dismissed.
What Happens if the Respondent Disobeys the Dispositional Order?
If the respondent does not obey the conditions of his or her dispositional order, the probation officer or placement agency may file a violation petition, and a new dispositional hearing may be held. If the violation is proven, the judge can order a different disposition.