The Juvenile Justice System – Part 1
Pennsylvania Juvenile Justice Concept & Terms
The juvenile justice system in Pennsylvania is focused more on the rehabilitative needs of the juvenile than on punishment for the offense. Because of this difference from “adult” court, the words used in the juvenile system may not be familiar to those who watch Law and Order and see trials with defendants. This week I will be explaining the different terms that are used in the juvenile justice system. In the following weeks I will be explaining the different processes that are used in the juvenile justice system and the possible outcomes in the system.
The first thing to know are the terms that are used in the system and what they mean:
- a “juvenile” is a person who is between 10 and 21 years old.[1]
- A “delinquent act” is any act that would be a crime if committed by an adult. [2] However certain offenses, if committed by someone at least 15 years of age, do not fall under this definition and may be filed in “adult” court. In those cases, the juvenile would be treated the same an any other adult who was charged with those offense.
- A “written allegation” is a document filed by law enforcement alleging that a juvenile has committed a delinquent act. [3]
- A “Petition” is a document filed by the Commonwealth or a juvenile probation officer which alleges that a juvenile is “delinquent”[4]
- A “delinquent child” is juvenile who had been found to have committed a delinquent act AND is in need of treatment, supervision or rehabilitation.[5]
- An “adjudication hearing” is a proceeding where the Court determines if a delinquent act has been committed and whether the juvenile is in need of treatment, supervision, or rehabilitation. [6] A juvenile is not entitled to a jury in these proceedings and will always appear before a Judge sitting without a jury.
- A “disposition hearing” is a proceeding in which the court issues its final decisions in the case.[7] Possible dispositions include supervision by the probation department and placement in treatment facilities.
- A “detention facility” is a facility which is approved by the Court to temporarily detain a juvenile.[8]
- If a Juvenile is “detained” a hearing, generally referred to as a detention hearing, must be held by the Court within 72 hours to determine if the detention is proper and whether the detention should continue.[9]
Next week I will discuss the process that occurs if your child is alleged to have committed a delinquent act.
*Information contained in this blog does not constitute legal advice and does not create an attorney client relationship. You should always obtain counsel to address the specific circumstances in your case.
[1] Pa.R.J.C.P. No. 120
[2] 42 Pa.C.S.A. § 6302
[3] Pa.R.J.C.P. No.120
[4] Pa.R.J.C.P. No.120
[5] 42 Pa.C.S.A. § 6302
[6] Pa.R.J.C.P. No. 401
[7] Pa.R.J.C.P. 120
[8] Pa.R.J.C.P. 120
[9] Pa.R.J.C.P. 240