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 ...
Tag: Juvenile Delinquency
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
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
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
There is a general societal view that a bad act by a child is due to lack of life experience and immaturity. Therefore, such should not be a crime and the juvenile treated as a delinquent and limited to state-intervention until he or she is an adult. Nevertheless, because there is some overlap between implications of juvenile delinquency and adult crimes, it is important a juvenile and parents understand these to make key choices to limit its life implications. First, a child charged with a juvenile act is entitled to be represented by counsel. This has been the law for some ...
July 28, 2015Adam Hayes