Partners In Justice
A Guide to the Juvenile Justice
System
This project is supported by The Arc of North Carolina and the
NC Council on Developmental Disabilities and the funds it receives through P.L. 106-402, the
Developmental Disabilities Assistance and Bill of Rights Act of 2000.
Introduction
 “DJJDP(‘s)
. . . comprehensive strategy .
. . focuses to strengthen families,
promote delinquency prevention,
support core social institutions,
intervene immediately and effectively
when delinquent behavior occurs, and
identify and control the small group of
serious, violent, and chronic juvenile
offenders in the local communities.”
(NCDJJDP website overview)
Complaint:
An allegation by a citizen or law
enforcement officer that a juvenile is:

Undisciplined – runaway, truant from
school, beyond the disciplinary
control of parents or

Delinquent – has committed an
offense that would be a crime if
committed by an adult
Complaint (cont.)
Undisciplined
 Youth at least six years of age and less than
16 who are:
 truant from school,
 runaway for more than 24 hours, or
 beyond the control of their parents.
 Youth
who are 16 and 17 who are runaway or
beyond the control of their parents.
Delinquent
 Youth at least six years of age and less than
16 who commit a crime.
Law Enforcement Investigation
A
youth under the age of 14 must have a
parent or guardian present at
questioning.
 For
youth who are age 14 and older, the
youth can waive the right to have parent
or guardian present.
Law Enforcement Investigation
May lead to
 Temporary custody of the juvenile
 Diversion of the juvenile
- Release to parent or guardian
- Referral to a community resource
 Referral to juvenile court intake
 Secure or non-secure custody
Temporary Custody
G.S. 7B-1900, 7B-1901
Officer may assume temporary
custody without a court order if:
 Grounds
would exist for arrest of an adult, or
 There are reasonable grounds to believe the
juvenile:
 is undisciplined
 has escaped from a detention facility or
any residential facility operated by the
Department of Juvenile Justice and
Delinquency Prevention
Fingerprints and Photographs
An officer must fingerprint and photograph
a juvenile if:




The juvenile is in physical custody of law
enforcement or DJJDP;
The juvenile allegedly committed a nondivertible offense;
The juvenile is at least 10 years old, and
A complaint has been prepared for filing as a
petition
Non-divertible Offenses
G.S. 7B-1701








Murder
Rape
Sexual offense
Arson
Felony drug offense
First degree burglary
Crime against nature
A felony involving infliction of serious
injury or committed with a deadly weapon
Fingerprints and Photographs
Must be Destroyed if:

No probable cause is found and the charge is
dismissed, or

Juvenile is not adjudicated delinquent for
any offense.
Fingerprints and photographs are not
destroyed if:
 Juvenile is adjudicated delinquent.

Fingerprints are sent to the SBI only if
adjudication is for a felony.
Court Counselor
The Intake Process
Court Counselor Authority

Serve necessary court papers relating
to undisciplined or delinquent youth.

Assume custody of juveniles when
necessary and use reasonable force/
restraint to do so.

Determine whether a complaint should
be filed as a petition or diverted/closed.
Court Counselor Authority con’t
 Conduct
visits (home, school, work,
community) to assure successful
completion of probation.
 File
motions for the court to re-review
the original disposition of the case.
 File
report of violations of probation for
court review.
Court Counselor Responsibilities
 Prepare
written reports for the court,
including Risk Assessment and Needs
Assessment.
 Develop
Plan of Service based on the
Needs Assessment.
 Advocate
for youth with court, schools,
and local service programs, as needed.
Court Counselor Responsibility
 Furnish
parent/youth copies of
probation conditions.
 Meet
regularly with youth on probation.
 Assist
in development of post-release
supervision plans.
 Document
case activities and progress.
Intake - Court Counselor Decides:

Is the complaint within the
jurisdiction of the court?

Is there legal sufficiency for the
complaint?

Is the complaint frivolous?

Is the complaint a non-divertible
offense?
Intake Evaluation Options

Approve complaint for court.

Retain the case and divert from court
with a plan or a contract – referral for
service.

Close the case.

Diversions may be appealed to the DA.
Intake Decision Criteria

Protection of the community;

The seriousness of the offense;

The juvenile’s previous record of
involvement with the legal system,
including previous diversions; and

The juvenile’s behavior at home, in
school, and in the community.
Intake Decision Criteria - (cont’d)

The ability of the juvenile and the
juvenile’s family to use resources;

Consideration of the victim;

The juvenile’s age; and

The juvenile’s culpability in the alleged
complaint.
Diversion Plans

A Diversion Plan may include:
use of community resources
including mental health services;
restitution;
community service;
victim-offender reconciliation;
teen court, in limited circumstances,
OR
Diversion Plans and Contracts - (cont’d)
A
court counselor may enter into a
“diversion contract” with the juvenile
and the parent, guardian, or custodian,
when it is determined that a higher
degree of accountability is required.
Diversion Contract Follow-up

Within 60 days, counselor must determine whether
juvenile and parent have complied with contract.

Counselor may monitor diversion contract for up
to six months.

Petition may be filed if juvenile does not comply
with contract.

Must retain the contract until juvenile is 18 years
old or out of the court’s jurisdiction, whichever is
later.
Secure Custody Criteria
 Demonstrated
danger to property or persons
and charged with a felony; or
 Demonstrated
danger to persons and charged
with a misdemeanor with:
 an element of assault, or
 a threat to use or used a deadly weapon; or
 Failed
to appear for court after receiving
notice; or
Secure Custody Criteria - (cont’d)

Charged with a delinquent offense and
the judge has reasonable cause to
believe juvenile will not appear.

Absconded from a DJJDP facility or
such a facility in another state;

Detained for self-protection (special
circumstance);
Secure Custody Criteria - (cont’d)
away – can be held for up to 24
hours to facilitate return to parent;
 Ran
 Undisciplined
and failed to appear
having received notice; and/or
Probation – and is alleged to
have damaged property or injured
persons.
 Violated
The Court Process
Hearings
Secure Custody Hearings

To review need for secure custody.

Initial hearing held within 5 days of
commitment to secure custody.

Hearings to determine need for
continued custody at least every 10
days after initial custody hearing. The
youth must be present for hearings.
Hearings for Felony Petitions
First Appearance hearing within 10
days to:




Inform the juvenile of the allegations;
Confirm the juvenile has an appointed or
retained attorney;
Inform the juvenile of date of probable
cause hearing; and
Inform parents of the requirement to
attend all hearings.
Hearings for Felony Petitions - (cont’d)
 Probable
Cause hearing is held if the
juvenile is 13 or older.
 If
probable cause is found, a transfer
hearing is scheduled upon motion or if
required by statute.
 If
probable cause is not found, case is
dismissed or adjudicated on lesser
included offense.
Hearings for Felony Petitions - (cont’d)
Transfer Hearing:
 Court determines if protection of the public
and the needs of the juvenile will be served
by transfer to superior court.
 Factors
for court to consider are set in
statute.
A
juvenile transferred and convicted in
superior court will be prosecuted as an
adult.
Hearings for Felony Petitions - (cont’d)
Adjudication Hearing determines if the
facts alleged in the petition are true.

Juvenile has right to appointed counsel
for delinquency cases or for contempt
hearings in undisciplined cases.

Rules of evidence are the same as in
adult criminal cases.
Adjudication Hearing - (cont’d)
 Standard
of proof
– Delinquent petition - beyond a
reasonable doubt
– Undisciplined petition – clear and
convincing evidence
Disposition
Purpose of Disposition
 To
meet the needs of the
juvenile
 To
protect the public
Dispositions

Parent, guardian and juvenile
must comply with court orders

Court orders may include
consequences, treatment,
training and rehabilitation
requirements, such as
community service and
restitution.
Dispositions for Undisciplined Juveniles

Dismiss the case.

Continue the case for up to 6 months
to allow family to take appropriate
action.

Order evaluation; final disposition
postponed until evaluation
completed.

Refer juveniles with mental illness or
developmental disabilities to local
mental health director.
Dispositions for Undisciplined
Juveniles - (cont’d)

Supervision in own home

Change in custody

Release from compulsory school
attendance pursuant to court-approved
plan

Protective supervision up to 3 months
with conditions; possible 3-month
extension
Disposition for
Delinquent Juveniles

Dismiss the case

Continue case for up to 6 months to
allow family to take appropriate action

Order evaluation; hold hearing on
treatment

Refer juvenile with mental illness or
developmental disabilities to local
mental health director
Disposition for
Delinquent Juveniles - (cont’d)
Options
outlined in the dispositional
chart
 Placement on the chart is based on the
seriousness of the offense (Level of
Charge) and delinquency history (prior
offenses rated by points) of the
juvenile.
Disposition levels
– Level
1 Community Disposition
(Includes probation)
– Level
2 Intermediate Disposition
(Includes probation/more severe
intervention)
– Level
3 Commitment (Youth
Development Centers)
Minor Charges
(Class 1, 2, 3 Misdemeanors)
 Level
1 – Low History:
 Community based program
 Community service up to $100 hours
 Restitution up to $500
 Suspension of driver’s license
 Curfew
 Counseling including intensive SA
treatment
 Regular Probation
Serious Charges
(Class F-I Felonies & A1 Misdemeanors)
 Level
2 – Medium History
 Eckerd wilderness Camp
 Structured Day Program
 Community Service (100-200 hours)
 Restitution of more than $500
 Regimented Training Program
 Intensive Supervision Probation
 House Arrest with/without electronic
monitoring
 Multi-purpose group home
Violent Charges
(Class A-E Felonies)
 Level
3 – High History
 Commitment
 Level
3 – Medium History
 Commitment
 Level
1 – Low History
 Eckerd Wilderness Camp
 Structured Day Program
Commitment

Minimum of 6 months

Up to 18th, 19th or 21st birthday –
depending on offense

Upon release, minimum of 90 days
post release supervision

Jurisdiction terminated by court
Youth Development Centers
What happens when a juvenile is
committed to a YDC?
First Stop: Assessment Center
Physical Health
Mental Health
Psychological Health
Educational Achievement
Vocational Interest and Aptitude
Plan of Care
 Information
from various evaluations
blended and summarized
 Recommendations for treatment and
education
 Referrals for screening or to the IEP
team for Exceptional Children’s
Services
 Selection of facility assignment based
upon recommendations
Services in the Youth
Development Centers
 Health
Services
 Recreation
 Treatment
 Substance Abuse
 Sex Offender
 Anger Management
 Victim Empathy
 Cognitive Behavioral Restructuring
Services in YDC (con’t)
 Education
 NC Standard Course of Study
 GED
 Vocational
 Distance Education (post HS or GED
studies)
Exceptional Children’s
Program
 Services
provided in accordance with
federal regulations
 FAPE
 Least Restrictive Environment
 Appropriate Supplemental Aides and
Modifications
 Parental Due Process
 Parental involvement in decision making
 Transition Services
Transition
Post Release Services
Goals

Transition Planning should begin upon
entry – Exit Upon Entry

Maintain and strengthen community
connections

Strengthen the family while the child is
in the YDC
Transition Services
Pre-release
conference
 Community mental health needs
 Continued educational opportunities
Re-entry into public school
 Community College

GED
program
Adult Basic Skills Program
Post High School/GED study (scholarships)
 Group Home placements
Post Release Supervision
Written plan specific to needs of the juvenile
and protection of the public

Minimum of 90 days

Maximum of one year

Re-commitment for violation –
minimum 3 months
Acknowledgments
This presentation was developed especially for North
Carolina by Partners in Justice, a statewide collaborative effort
designed to assist individuals with cognitive disabilities who are at risk
of becoming involved in the criminal justice system. The North
Carolina Council on Developmental Disabilities provided grant funding
to The Arc of North Carolina to support the project. Many different,
excellent training materials were researched and adapted with special
consideration for the specific needs of the citizens of North Carolina.
Special thanks goes to Carolina Legal Assistance; the
members of the PIJ Advisory Committee; George R. “Pete” Clary III,
Public Defender, Judicial District 21; Ms. Jeri Houchins, Project
Coordinator, Justice Now! Of the People, By the People, and For the
People; and, Ms. Diane Nelson Bryen and Ms. Beverly Frantz, National
Academy for Equal Justice, for People with Developmental Disabilities,
Institute on Disabilities at Temple University.
Partners in Justice dedicates this presentation to the
memory of Deborah Greenblatt, Esq., a tireless advocate for
people with disabilities and charter member of the Partners
in Justice Advisory Committee.