Juvenile Justice Process

A youth is referred to the Department of Juvenile Services by a court, law enforcement or a community referral. Community referrals may be made by a:

• School
• Parent or guardian
• Probation officer
• Community member or victim
• Social service agency
• Adult court

In cases where youth are arrested and police request detention*:

DJS conducts a risk assessment to determine whether a youth should be detained until the next business day when a court can review at a detention hearing. 

Possible outcomes:

• Youth may be held in secure detention (until the detention hearing)
• Youth may be released on Community Supervision, sometimes with electronic monitoring (until the detention hearing)
• Youth may be released to the community under supervision of a parent or caretaker

When a detention hearing is warranted, a judge decides:

• Whether the case has merit or not;
• Whether youth will remain in detention if adjudication (a fact-finding hearing) is needed
• Whether youth should be diverted to other services before adjudication.

*Detention is not legally a punishment. It is to ensure that in the short term, youth will attend court and will not reoffend.

DJS determines how a youth’s case will be processed.

• DJS staff have a meeting with the youth and family.
• DJS case managers use assessment tools to guide decisions and next steps for the youth.

Possible outcomes:

• The case may be resolved, with or without referrals and services.
• The case may be handled informally, also called pre-court supervision, with consent of the youth’s family and the victim. The youth signs an agreement with conditions they must meet, but if they are successful, the case will not go to court.
• The case may be forwarded on to the State’s Attorney’s Office and potentially to court.

An adjudication hearing (fact-finding hearing) is held before a judge, usually within 30-60 days, to determine whether the juvenile has committed a legal offense. Similar to a trial:

• The court hears evidence.
• The state’s attorney presents evidence and may call witnesses.
• The youth’s representative (usually an attorney) may present evidence and witnesses.

If facts sustain that the youth committed an offense, a disposition (sentencing) hearing is conducted following additional assessments.

Judge makes determination and orders next steps for youth, which may include:

• Probation and community supervision under DJS
• Commitment of the youth to DJS for placement in residential services program