CRIMINAL JUSTICE

Criminal Justice



Criminal Justice

Discuss Questions

Question 1: Under what circumstances can parents or guardians are subjected to the jurisdiction of a Juvenile court?

The district court has exclusive, original jurisdiction over all juveniles alleged to be delinquent as well as their parents, guardians, or custodians, on the proper filing and service of a petition and summons. Jurisdiction is initially determined by the juvenile's age at the time of the alleged offense. Statutory provisions mandate when a juvenile ages out of the jurisdiction of the juvenile court or when a juvenile case is otherwise closed (Chamelin & Thomas, 2011).

Role of parent, guardian, or custodian

The parent, guardian, or custodian (hereinafter the parent) plays an integral role throughout the proceedings, from participation in the intake process and appearance at all scheduled hearings to involvement in dispositional and post dispositional plans. Parental support, or lack thereof, can make a difference in the outcome of the case. Counsel should represent the expressed wishes of the juvenile, however, which sometimes may conflict with those of the parent. See generally infra Appendix 3-1 (Role of Defense Counsel in Juvenile Proceedings); see also 1 North Carolina Defender Manual § 12.8A (Sutton & John, 1988) (Control and Direction of Case). There is no duty for the juvenile's attorney to talk with the parent, although doing so will generally be necessary as a part of case preparation.

Generally, the parent should not be allowed to sit in on counsel's interview with the juvenile. Because there is no parent-child privilege, the parent is subject to being called as a witness and must be excluded to maintain attorney-client confidentiality. Counsel should explain to the parent the need for a private meeting with the juvenile to prevent hurt or angry feelings. The juvenile court counselor who conducts the intake evaluation usually sends a letter to the parent requesting that the juvenile be brought in for an appointment. If the parent brings the juvenile to the appointment and is cooperative, depending on the circumstances of the case, the complaint is more likely to be diverted. Conversely, the case is less likely to be diverted if the appointment is missed or if the parent is uncooperative.

The parent's position at a secure custody hearing is crucial. A parent who is willing to have the child back home and enforce any court-imposed conditions might persuade the court to release the juvenile from secure custody. Conversely, a parent who insists that the juvenile cannot come home will harm the juvenile's chances for release. Counsel should talk with the parent about the juvenile's release from secure custody and discuss possible options. For example, if the parent wants the juvenile to come home, counsel could help the parent formulate a plan for care at home. Possible conditions of release might include after-school supervision, a curfew, counseling, or other treatment (Schlossman, 1977).

If the parent is against release from secure custody, counsel should try to ascertain the parent's underlying concerns. Counsel can then discuss with the juvenile the parent's objections to ...