|
For the Public
The Rights of Juveniles This pamphlet is based on NH Law in effect at the time of publication. It is issued as a public service for general information only. It is not a substitute for specific legal advice. This public information pamphlet explains the rights of juveniles charged with delinquency. It describes the types of hearings involved in a delinquency case, and some of the constitutional and other legal rights of juveniles charged with a crime. MARCH 2000 What is a Juvenile Court?
Cases involving minors are handled in the District Courts of New Hampshire. The law requires that all cases involving minors be heard separately from the trial of criminal cases. Many District Courts set aside an entire courtroom for processing juvenile cases. The purpose of separating these cases is to protect the privacy of the minor.
There are three types of cases that involve children: Delinquency - a juvenile delinquent is a person under 17 years of age who has done something that would be a crime subject to imprisonment if committed by an adult. Children in Need of Services (CHINS) - these cases involve children under the age of 18 who refuse to go to school, who run away from home, or who are found to be uncontrollable. This category also includes children under the age of 16 who commit minor offenses, called violations, which do not carry a jail sentence. Neglected and abused children - these cases involve families in which the children under the age of 18 have not been provided with proper care, supervision or financial support, or who have been sexually abused or physically or psychologically injured.
This pamphlet will focus on the rights of children facing delinquency charges. Can a Juvenile be Arrested?
Yes. A juvenile accused of committing a delinquent act may be taken into custody by the police or a family member may be asked to bring the juvenile to a police station. The police may ask to question the juvenile at this time. The juvenile has the constitutional right to remain silent and need not make any oral or written statements. If the juvenile decides to make a statement, the police will typically have the juvenile sign a waiver of rights form along with their parent.
Does a Minor Have the Right to be Represented by a Lawyer?
Yes, A minor, like an adult, has the right to representation by a lawyer at every stage of the proceedings. The court is required to appoint an attorney to any minor unable to afford an attorney. The court can also appoint a Guardian ad litem to represent the juvenile. The Guardian ad litem is appointed to represent the juvenile's "best interests" during the proceedings.
Can a Juvenile be Held Before a Court Hearing?
Yes. A juvenile can be held up to 4 hours, after which a judge must be notified and give approval. The juvenile is entitled to a hearing before a judge within 24 hours of arrest (excluding Sundays and holidays). At the hearing, the judge may order continued detention (for up to 21 days) if there is reason to believe that the juvenile committed the acts charged, and detention is needed to assure the juvenile's appearance at the next hearing or it appears that the juvenile is a danger to self or the persons or property of others, or when a parent, guardian or custodian is unable to supervise or provide proper care of juvenile. Detained juveniles can never be housed with adult offenders.
How Does the Case Get to Court?
All cases involving juveniles are started by a Petition, which may be filed by any person in the District Court with jurisdiction where the juvenile lives or where the acts were committed.
Each case usually involves three hearings: arraignment, adjudication, and disposition. The law provides that these hearings be completed within strict time frames. The adjudicatory hearing is scheduled within 21 days of the arraignment (if detained), of 30 days (if not detained). The dispositional hearing is scheduled within 21 days (if detained), or 30 days (if not detained) of the adjudicatory hearing. What is Arraignment?
After the Petition is filed, an arraignment hearing is held to inform the juvenile and the parents of the charges and of the right to have a lawyer and to set the next hearing date. The court may appoint a lawyer to represent the juvenile, or the parents may hire a lawyer for the juvenile. The court also decides if the juvenile must be detained or may be released pending the next hearing, and orders any restrictions upon the juvenile that the court deems necessary.
At this stage, the court may order the minor to participate in a "diversion" program, as an alternative to further court action. A diversion committee develops a program that may include mediation, community service, restitution, or counseling for the juvenile. Court action is suspended for up to 3 months to allow the juvenile to complete the diversion program. If the juvenile fails the diversion program, the case will go back to court. As an alternative, the court can refer the juvenile to an approved court intervention program and order the juvenile to perform up to 50 hours of uncompensated community service in the town or city in which the offence occurred. Completion of the program disposes of the charges. What is the Adjudicatory Hearing?
This part of the process involves a finding of the relevant facts by the District Court judge to determine if the charge is "true" or "not true." Usually this involves the hearing of testimony and the admission of exhibits. In adult cases, this part of the process is called the trial.
If after hearing both sides the judge determines that the charge is true beyond a reasonable doubt, the judge will then make temporary orders regarding placement of the juvenile (which may include continued detention) and set a date for the final disposition. The juvenile may elect to submit an acknowledgment of rights in lieu of an adjudicatory hearing. What Happens at the Disposition Hearing?
At the disposition hearing, the District Court will determine where the juvenile will be placed and what consequences will be imposed, if any, on the juvenile. This is similar to the sentencing in an adult court.
The disposition hearing is held to determine whether the juvenile needs services or whether the protection of the public requires some type of court-ordered supervision and, if so, what type of supervision or placement out of the home should be imposed. At disposition, the judge considers reports and recommendations from the state Division for Children, Youth & Families (DCYF) as well as from medical, psychiatric or educational personnel. The judge can also hear testimony from witnesses. What Dispositions Could be Ordered?
The judge may place the juvenile on conditional release (similar to probation) in the home or the custody of a relative or other suitable person; in a foster or group home; in a public or private educational or other institution or facility for children including the Youth Development Center (YDC). Placement is for an indefinite period, subject to review by the judge, who can retain jurisdiction in some instances until the youth is 21 years old. In addition, the court my fine the juvenile up to $250.00, require restitution, and order counseling for the juvenile and/or the family.
The judge may also order the juvenile to make restitution to the victim for damage or loss. If the juvenile willfully or maliciously destroyed property and the parents of the juvenile failed to exercise reasonable supervision and control over the child, the parents may be ordered to pay up to $10,000.00 of such loss. The judge can order the family to receive services in addition to ordering the juvenile to do so. Services can include physical treatment as well as counseling. Who Pays for Placement?
The law provides that the State of New Hampshire through the Division for Children, Youth & Families, Department of Health and Human Services, will pay the costs associated with the court's orders in a juvenile case. There is a presumption in favor of in-state placements; however, the court may order an out-of-state placement upon an express written finding that there is no appropriate in-state placement available. The state has a right to recover all amounts paid from the parents of the child or whoever is responsible for supporting the child. Reimbursement to the state continues from the time services begin until 4 years after the services end, unless the costs of the services are paid in full prior to the end of the 4 year time frame.
Is There an Appeal?
Yes. The District Court judge's final order can be appealed within 30 days to the Supreme Court. The order of the District Court will remain in force until the appeal is resolved.
Do Juveniles Have Constitutional Rights?
Juveniles are entitled to most, but not all, of the constitutional rights and safeguards guaranteed to adults. Some of these rights are:
the right to know the charges against them; the right against self-incrimination, which means that the juvenile is not required to make any statements to the police or any other person or to testify at the adjudicatory hearing; the right to be represented by an attorney and to have an attorney appointed if the juvenile or the parents cannot afford one; the right to be presumed innocent until the state proves beyond a reasonable doubt that the juvenile has engaged in the conduct alleged; the right to confront the witnesses testifying against the juvenile (cross-examination).
There is no right to trial by jury in juvenile court. Can a Juvenile be Tried as an Adult?
Yes. In very serious offenses or where there has been extensive involvement with the police or the court, the petitioner may request that a juvenile be treated as an adult. The juvenile may waive the right to a hearing in juvenile court and elect to be treated as an adult. In addition, some minor offenses are handled as though the juvenile were an adult. An individual 16 years of age or older, charged with violation of any town or municipal ordinance which provides for a penalty not exceeding $100, or any offense involving motor vehicles, boating, aircraft or fish and game laws, or a violation of alcohol and tobacco laws, can be tried as an adult. Any person over the age of 12 who is found in possession of tobacco may be tried as an adult for this offense.
Are Juvenile Records Erased When the Juvenile Becomes an Adult?
No. Juvenile records are permanent but confidential. They cannot be given out to anyone without a court order. In fact, it is generally a misdemeanor to reveal any information about a juvenile proceeding. There are some important exceptions, however. An adult criminal defendant's juvenile record can be used for purposes of sentencing. In addition, police officers and prosecutors may have access to police records of juvenile delinquency for the investigation of criminal acts. The Armed Services routinely request written releases of any juvenile record from applicants.
There are no restrictions on publishing or broadcasting the name or address of any juvenile found to have committed vandalism or certain controlled drug offenses, or the name or address of their parent or guardian.
|
