You are a parent of a 13 year-old and your worst nightmare has come true; your child's behavior has gone beyond silly pranks and minor disobedience and now you have a Court Summons commanding your presence in the Circuit Court ( although minor offenses may be terminated by the Maryland State Department of Juvenile Justice with just an interview, for the purposes of this article we will assume that the Department of Juvenile Justice's Intake officer has chosen not to terminate the case administratively and has referred the matter to the States Attorney for court proceedings): now what?
First, don't take the matter lightly just because it's "Juvenile Court": the shock and horror that our society has felt as a result of the increasingly savage conduct of some young people has translated into tough new laws with penalties that may effect a minor throughout their lives. Also, if your child is not a U.S. citizen an adverse ruling in Juvenile Court may effect your child's chances of remaining in the United States. Your reading this article is a good start: be pro-active, obtain information on the applicable laws which your child is alleged to have broken, and discuss the matter in detail with your child. A word to the wise: it is certainly possible to appear with your child in Juvenile Court without a lawyer on minor offenses, but if your child is charged with a serious felony on the order of murder, rape or a handgun offense I strongly urge you to obtain legal counsel for your child before the first court appearance.
Next, learn the terms which will be used throughout the case. Although Juvenile Court is a civil proceeding, not a criminal proceeding, most of the terms used in Juvenile Court cases have a counterpart in the Criminal Justice system:
- The alleged wrongdoer is a RESPONDENT, not a Defendant.
- A respondent is alleged to have committed a DELINQUENT ACT, not a crime.
- Respondents do not have trials, but ADJUDICATORY HEARINGS, where the Court, either a Master or a Judge, but never a jury, determines if the respondent is INVOLVED in delinquent conduct.
- If found to be involved, the Court will then order the Department of Juvenile Justice to prepare a SOCIAL HISTORY, not a pre-sentence investigation, outlining relevant factors for the Court to consider at the DISPOSITION HEARING. The Court may place your child on probation, order counseling, community service, writing a letter of apology, or even commitment to a state-run school.
- PARENTS TAKE NOTE: If the case involves a financial loss suffered by the victim, the Court may also set the matter in for a RESTITUTION HEARING, at which the Court may order restitution to be paid by the juvenile, the parents or both, up to the actual dollar amount of the loss suffered or $10,000.00, whichever is less. As I stated earlier, do not take Juvenile Court lightly.
- The Court will probably set the case for a REVIEW HEARING, usually within 60 days of the disposition hearing, to assess how the child is doing and to determine if the plan needs to be tweaked: remember that Juvenile Court is not designed to be punitive but rather to treat the child's underlying problems which caused the delinquent behavior in the first place.
When you get the Summons honestly assess your child's needs and problems: even if your child has become secretive and uncommunicative, as a parent myself I can say that we usually know when something is wrong with our children. Schedule and begin counseling, both family and adolescent counseling. Obtain your child's school transcript and talk to your child's guidance counselor at school; not only do these amazing people usually know what is wrong with your child but they know the gossip around school, what the other students think is the problem, and this information can be invaluable in fashioning a disposition that gets your child back on track.
As parents our first instinct is to defend our children but our obligation is to prepare them for adult life, including the knowledge that behavior has consequences. At this difficult time your child needs you as both defender and teacher. Your willingness to act in both capacities will be a major factor in determining if your child learns and grows from this experience or repeats it.
