Services, Department of Social Services, and types of service providers appropriate for the youth’s reform, safety and accountability.
For delinquency proceedings, adjudication and disposition are two separate hearings, with five days notice given after adjudication, before moving on disposition. Finally, a restitution hearing may be held to determine the amount and awarding of up to $10,000 to victims who suffered damage directly resulting from a delinquent act. This stage is a separate, two-part proceeding against the child and their parents. The state must prove the victim’s personal property was stolen, damaged or destroyed as a direct result of the delinquent act and/or the victim had medical, dental, hospital or funeral expenses, and the youth/parent or guardian’s ability to pay restitution. The Judgment Restitution Program enforces periodic payments to the victim from the juvenile and/or parents and collects court costs. Making restitution for their acts may also be a condition of the juvenile’s probation. Child in Need of Assistance CINA cases generally begin with a shelter care hearing. A child may be placed in shelter care if the judge or magistrate determines it would be contrary to the welfare of the child to remain at home. After the shelter care hearing, the next phase is adjudication. The purpose of the adjudication hearing is to determine whether the allegations set forth in the CINA petition are true. If the judge or magistrate finds the allegations of abuse and/or neglect are true, the case moves into the disposition phase. At disposition, the court first determines if the child needs the court’s assistance, and if so, finds the child to be CINA.
The court may return the child to a parent under a specific order, place the child in foster care, or award custody and guardianship to someone who can provide appropriate care. In CINA cases, adjudication and disposition hearings are held separately but usually on the same day.
If a child is in an out-of-home placement for a year or longer, the court must conduct a permanency planning hearing. At this hearing, the court can order the child be returned to a parent or guardian, or the permanency plan changed to placement for adoption or emancipated, or it can order any other course of action that will be in the child’s best interest. After both shelter and the initial permanency planning hearing, a similar hearing must be conducted every six months until the child is returned home, placed permanently, or parental rights are terminated.
Special Rules for Juvenile Court The juvenile and their parents have a right to legal counsel at each stage of a juvenile court proceeding. Hearings are informal; there is no jury. However, the rules of evidence do apply.
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