Juvenile Courts in the U.S.

Juvenile courts in the United States are specialized courts dedicated to handling cases involving minors, typically individuals under the age of 18, who are accused of violating the law or involved in issues such as truancy, abuse, neglect, or dependency.

The core philosophy of juvenile courts in the U.S. is to emphasize rehabilitation (over punishment) and the best interest of the minor through interventions that address developmental needs, treatment, education, and community-based supports. Hence, the court is designed to:

• Promote accountability while still focusing on education, therapy, and support.
• Encourage family involvement and social reintegration.
• Avoid the stigmatizing effects of criminal records, where possible.
• Provide individualized justice based on the minor's background, needs, and circumstances.

The origin of the juvenile court can be traced to the 19th century, when responses to youth delinquency began with 19th-century institutions, such as House of Refuge and reform schools created to remove children from adult jails and provide training and discipline. Subsequently, the first juvenile court was established in Cook County, Illinois, in 1899. The juvenile court operated under the parens patriae (the state as parent) principle, focusing on rehabilitation and individualized justice for minors.

However, a major shift occurred in the operation of the juvenile courts with the 1967 Supreme Court case, In re Gault, which granted juveniles essential constitutional rights, including the right to counsel. Since the 1990s, juvenile courts have embraced a tough-on-crime policy, which has led to increased punitive practices and easier transfers of some youth to adult criminal court and mandatory minimums.

Structure of Juvenile Courts

Typically, juvenile courts have jurisdiction over individuals under the age of 18, although the cutoff age varies by state. Some states allow jurisdiction to extend to age 21 in specific circumstances, such as when a case began while the individual was still a minor. Also, certain states, such as California, use lower cutoffs for certain juvenile proceedings.

The subject-matter jurisdiction of the juvenile courts covers delinquency, status offenses, curfew violations, and child welfare matters when they are related to neglect or dependency.

Juvenile courts in the U.S. often have the following court divisions:

• Delinquency division: This division handles criminal offenses committed by minors.
• Status offense division: The status offense division adjudicates behaviors prohibited only to minors, such as truancy, ungovernability, and underage drinking
• Dependency/neglect (child welfare) division: This division deals with cases where children are abused, neglected, or without adequate parental care. The division can remove children from unsafe homes, place them in foster care, or initiate reunification or permanent guardianship proceedings.

The following key personnel are required for juvenile courts to be effective in their operations:

• Juvenile judges
• Probation officers
• Social workers and child welfare specialists
• Attorneys: Attorneys may be juvenile defense attorneys, prosecutors, Guardians ad Litem (GALs), or Court-Appointed Special Advocates (CASAs).
• Support staff and alternatives: These are intake officers, court administrators, mental-health clinicians, substance-abuse counselors, community providers supporting diversion programs, and rehabilitative services that juvenile courts often use.

Juvenile Courts in the United States

Not all states in the United States have dedicated juvenile courts. While states like Massachusetts, Mississippi, Utah, and Virginia have dedicated juvenile courts, many others handle juvenile cases within a family, circuit, or district court structure.

Types of Cases Heard in Juvenile Courts

The following types of cases are heard in juvenile courts:

• Delinquency Cases: Juvenile delinquency cases are cases involving minors accused of acts that would be crimes if committed by adults, such as robbery, assault, drug possession or distribution, burglary, vandalism, or even homicide.
• Status Offense Cases: Status offenses are behaviors prohibited or considered violations solely because of the age of the offender. Common examples include truancy, violating curfews, underage drinking, running away, or minor-in-possession of tobacco.
• Dependency and Neglect Cases: Dependency and neglect proceedings are civil actions initiated when a child is subject to physical or sexual abuse, emotional cruelty, or hazardous living conditions. Examples include parental substance abuse that endangers the minor, unsanitary home conditions, failure to provide basic needs like food, shelter, and medical care, and abandonment or chronic neglect.
• Adoption and Guardianship Cases: In jurisdictions where juvenile courts handle family-law matters, they oversee adoption petitions, placement reviews for children in long-term foster care, guardianship appointments, and related proceedings.

Differences Between Juvenile and Adult Courts

Although jurisdictional matters differentiate the scope of authority of the juvenile courts and adult courts, the following are other significant differences between juvenile and adult courts.

Confidentiality and Record Sealing

Unlike adult criminal trials, juvenile court proceedings are typically confidential and closed to the public. Hence, records of the court are also sealed automatically or upon request once the minor reaches adulthood, depending on the state and type of offense. Adult court proceedings are often public, with records of the court generally considered open.

Emphasis on Rehabilitation over Incarceration

Founded on the principle of parens patriae and restorative justice, juvenile courts prioritize rehabilitation, education, and reintegration, operating over incarceration due to the belief that minors are more amenable to change than adults. By contrast, adult courts operate under retributive justice, prioritizing punishment, deterrence, and public protection, with less focus on individualized treatment and long-term rehabilitation.

No Jury Trials in Most States for Juveniles

In the juvenile delinquency proceedings held in most states, there is no constitutional right to a jury trial, as a juvenile court judge determines the outcome after an adjudicatory hearing. However, in criminal courts, defendants have the right to a jury trial for almost all felonies and many misdemeanor offenses.

Use of Juvenile Detention Centers vs. Adult Prisons

When confinement is ordered in juvenile cases, minors are typically sent to juvenile detention centers or residential treatment facilities, which are designed with education, therapy, and supervision in mind. Also, these centers offer schooling, counseling, and vocational training. However, in adult court cases, adults are incarcerated in jails or prisons, which are generally less rehabilitative and more punitive, exposing inmates to violence or exploitation.

Juvenile Court Records: Access and Restrictions

Juvenile court records are generally treated with high confidentiality, often making them inaccessible to the public. However, a few cases may be made available to the public, such as:

• Serious/Violent Offenses: Most states have laws that mandate or permit public access to records, including the juvenile's name, if the offense committed would be classified as a severe felony if committed by an adult. Examples of such offenses include murder, sexual assault, or repeated violent offenses.
• Youth Tried as an Adult: If a juvenile court waives its jurisdiction and the case is transferred into adult criminal court, the case proceedings and records typically become public like any other adult criminal matter.
• Limited Public Information: In some jurisdictions, limited information about juvenile cases may be released to the public, such as the nature of the offense, age, sex of the juvenile, and the disposition of the case.
• Adoption Hearing: In some states, proceedings such as adoption hearings are open by law, but even then, adoption files remain sealed and accessible only to participants and designated agencies after finalization.

The following record types are generally sealed and unavailable to the public:

• Case Documents: Records such as petitions, court orders, and chronological case summaries.
• Adjudicatory Findings or Disposition Orders
• Social and Treatment History: Records containing sensitive personal information, psychological evaluations, and probation reports.

Access to sealed juvenile court records is typically limited to:

• The juvenile and their legal guardian
• Their attorney
• Court officials
• Law enforcement
• Authorized social service agencies

FAQs about Juvenile Courts in the U.S.

The following are frequently asked questions about juvenile courts in the United States.