Juvenile Justice and Juvenile Intake
Understanding Juvenile Justice
All youth under 18 who are arrested will meet with a Juvenile Probation Officer. Youth are arrested and referred to the Probation Department for delinquent offenses (criminal) or status offenses (non-criminal). Examples of delinquent offenses include shoplifting, battery, driving a car without a license, and many other crimes adults can commit. Examples of status offenses are truancy from school, curfew violations, underage drinking, and running away from home. Only youth can commit status offenses.
The Juvenile Probation Officer serves as the Intake Officer of the court. As the Intake Officer of the Court, the Juvenile Probation Officer works with the arresting officer/agency, the youth/family, the Wayne County Prosecutor’s Office, and the youth’s attorney to recommend the best option(s) for the youth.
When a youth is arrested, many options exist for how to serve the youth best. Youth can be offered an informal plan, known as Informal Probation, instead of going in front of a judge. Other times, the youth does have to go before a judge. The Judge will review the facts presented and also decide on the best option(s) for the youth. The Judge can order the youth to do things like counseling, treatment (inpatient or outpatient), community service work, assign a mentor, go to school, do drug screening, be removed from the home and placed in secure detention, or be placed at a residential facility.
A youth who has been arrested has legal rights. Every youth has a right to an attorney, and if an attorney is necessary, the Judge will appoint one, and/or the youth’s family may hire one on their own. The attorney will help the youth understand what is happening in the case and help the youth get their desired result.
Positions
Intake Officer
In many instances, the first person you and your child will have contact with is the intake officer, who is also a juvenile probation officer. An intake officer is a juvenile probation officer who gets information about your child’s case and sends it to the prosecutor and the court. The intake officer gathers facts and recommends whether a case should be dropped, sent to a diversion program, handled as an informal adjustment, or filed as a delinquency petition. When law enforcement contacts the intake officer at the point of arrest, the intake officer decides whether the youth should
be detained in a secure detention facility or released back to their parent, guardian, or custodian.
Prosecutor
The prosecutor will represent the state’s interests if your child is accused of committing a delinquent act and/or status offense and is considered a party to the proceeding. The prosecutor is under the court’s authority and must obey court orders. The prosecutor may also file papers
with the court asking the court to order you, your child, or others to do something. The prosecutor can also offer evidence, question witnesses, and see reports that will be used.
Defense Attorney
Your child has the right to have an attorney who represents what your child wants. If you and your child disagree on what information should be given to the court or desired outcomes, your child’s attorney must be loyal to your child’s desires. The court must appoint a defense attorney if one has not been hired or the right to an attorney has not been waived at the child’s first court appearance. While the law states that an attorney must be appointed, as a practical matter, it is best if you or your child requests an attorney at the earliest opportunity. Your child’s right to an attorney is not based upon your ability to pay. However, the court can order you to pay the county back for legal services provided to your child by a public defender.
Juvenile Probation Officer
The probation officer is part of the court staff. The juvenile probation officer gets information about your child’s case, writes court reports, and makes recommendations throughout the arrest, court, and supervision process. Juvenile probation officers supervise and help youth in all phases of the juvenile justice system. The juvenile probation officer also oversees and helps children placed on probation as part of a disposition, maintains records, and monitors the collection of money due for fees and/or restitution.