In essence, juvenile delinquency is basically the same as a criminal charge for an adult. However, there are some major differences between the two that an engaged citizen should know. Many people would be shocked to know that juveniles do not have all of the same rights as adults when a juvenile is accused of committing a delinquent act. The reasoning behind the lack of certain rights is due to the purpose and nature of juvenile delinquency proceedings as compared to adult criminal proceedings. However, this does not mean that there aren’t major consequences if a juvenile is determined to ...
March 4, 2020CD
Any person in Indiana who suspects a child is abused or neglected is required by law to report this to the Indiana Child Abuse and Neglect Hotline at 1-800-800-5556. For children, reporters (i.e., callers) range from disgruntled parents going through a separation to teachers, therapists, and doctors. When DCS receives such a report, they may partner with law enforcement, such as if the allegation is child molesting. DCS is legally mandated to investigate every call. A standard practice with some allegations is to have the child forensically interviewed. In its most basic form, a forensic interview is done at a ...
May 9, 2019CD
A taboo topic that has been around for decades has been sexual activity or assault between siblings and what is a normal part of the human development process. A 2002 study by the US Department of Health and Human Services found that at least 2.3 percent of children have been sexually abused by a sibling. When this type of disclosure is made (or abuse) it is required to be reported to the Indiana Department of Child Services who must investigate by law. This blog post address some of critical legal issues parents should consider if they receive a call their ...
May 29, 2018CD
Yes. A juvenile delinquency investigation is effectively a criminal investigation. If your child has an inquiry made by the police, you need to know his or her rights to be a parent and the consequences of this type of case to minimize the impact of such an investigation and give your child the constitutional protections available to them. The serious nature of a delinquency investigation is the purpose of this blog post, as anecdotal evidence suggests this is grossly misunderstood by parents. You should know the job of the police and juvenile officers is to investigate potential crimes and, if they ...
January 5, 2018CD
As with all cases brought against an individual or family (civil or criminal), the State has the burden of proof. With respect to neglected children (“CHINS”) or children who commit acts that would be crimes (“Juvenile Delinquents”) if an adult, the Indiana Department of Child Services (“DCS”) acts for the State. In a recent case, a divided Indiana Court of Appeals reversed a Child in Need of Services (“CHINS”) determination against a father. This case has three key holdings or points for parents who may become involved in CHINS proceedings. First, a CHINS filing (petition) is often made by acts or ...
April 19, 2017Adam Hayes
What You Know May Hurt You and Impact the Rest of Your Child’s Life Juvenile delinquency means that a child, but for his young age, is alleged to have committed a delinquent act which would be a crime if he or she is an adult. The parents’ decisions for the child at the beginning of such a matter may literally define the course of the child’s life. This blog post explores some of the inherent traps in a delinquency allegation or charge (created not as intentional traps but to safeguard constitutional rights)—the Big Three: Lawyer up and Remain Silent: First, a juvenile ...
April 14, 2017CD
Each and every day children are “detained”, namely arrested, for juvenile delinquency. In essence, juvenile delinquency is the same as a criminal arrest, except the minor is not deemed to be a person with a criminal charge because they are under age. However, juvenile detentions are a significant legal matter and anecdotal evidence Ciyou & Dixon, P.C. advocates demonstrates parents and their children poorly understand their rights and standard ways to respond to a juvenile delinquency detention. This blog explores the law and what juveniles should know. Generally, a juvenile delinquency detention is the same as the arrest for an adult ...
February 17, 2017Adam Hayes