Commonly Used Terms Flashcards
findings that reaffirm guilt and place specific conditions of the offense; to judge delinquent
adjucicate
the written notarized complaint; numbered i.e.: 98JU-01-1111 (Delinquency. Dependency) or 98JT-01-2222 (Juvenile Traffic Case); or 98MC-01-333 (Miscellaneous Case)
affidavit
the attorney appointed when a family doesn’t qualify for a Public Defender but desires representation for their child or if the Public Defender’s office has a conflict; the court may appoint when there is a conflict between child and parent; parents may obtain their own private attorney if they desire
appointed attorney
Behavioral Health Services; Mental health and AOD assessments and evaluations
BH/JJ program
when a youth age 14 or older commits a particularly serious crime, the Prosecutor’s office may file a motion to transfer that youth to the adult system; ages 14 and 15 are discretionary hearings in which the judge may choose whether or not to bindover; ages 16 and 17 can be discretionary or mandatory depending on the charge. Procedures include a Probable Cause Hearing, also called a PC Hearing, in which the Judge determines if there is cause to believe the youth did commit the crime and a Rehabilitation Hearing to determine if the youth can be rehabilitated in the Juvenile System.
bindover
a disposition; indicates no formal orders on youth; charges still appears on youth’s record; used usually for first time offenders or minor misdemeanors
closed; no sanctions
youth is found incompetent but restorable and is placed into competency attainment through Forum
competency attainment
person who brings/files charges against the youth; could be parents, police, school officials, victim, etc.
complainant
any formal legal document that sets out facts and legal reasons that the filing party or parties believes are sufficient to support a claim; a formal accusation against a person
complaint
person who calls cases into court and keeps order in each courtroom
court officer/bailiff
youth who has allegedly committed the delinquency
defendant
the final result of a hearing; sentencing
disposition
an attempt to keep the youth out of formal involvement with the court. programs include: mediation, teen court, and unruly diversion. many suburban communities have their own diversion programs
diversion
state-run correctional facilities for youth; sometimes referred to as a “Perm”
DYS (Department of Youth Services)
the ankle bracelet; permits the court to keep close watch on a youth’s whereabouts
EMD (Electronic Monitoring Device)
to completely remove a charge from a youth’s record; to seal the record so that a youth can legally state that he/she has no prior arrest record
expungement
agency used by the court to complete mental health evaluations and assessments on youth
forum
FCCS
Franklin County Children’s Services; the following are orders by which the court can formally invoke FCCS;
VPS - voluntary protective services
COPS - court ordered protective supervision
TOC - temporary order of custody
TCC - temporary court custody
an attorney appointed by the court to look into and recommend what is in the youth’s best interest; the youth’s attorney represents what the youth wants
GAL (guardian ad litem)
a disposition; sometimes used when a youth has no prior record or until a youth completes a specific court order such as counseling
hold open
used at times by the intake department when a youth has no record and charges are minimal; this is still reflected as part of the youth’s official record
IC (informal conference)
program through which a youth pays restitution; payments can be made on an installment basis; or if youth has no job, community service hours can be completed at a rate of $10 per hour with a voucher then sent to the victim
JRP (juvenile restitution program)
person who presides over court proceedings; an elected position
judge
person who presides at most juvenile hearings; formerly called a referee
magistrate
a diversion program in which a neutral third party presides while the juvenile and “victim” reach an agreement; conflict resolution; also used in abuse, neglect, dependency cases and in divorce and custody disputes
mediation
a complaint filed by the probation officer when a youth violates his probation in some way; used to request that the court either consider an alternate disposition or consider revoking the problem
motion
agency used by the court to complete drug/alcohol assessments on youth; netcare personnel are in the detention home full-time; when the assessment is completed netcare assists in making arrangements for the youth and family to follow through with the recommendations
netcare
legislative mandates classifying the criminal, traffic, delinquent and unruly status of the State of Ohio; ORC code numbers must be used on each complaint to list what law was broke, i.e. Receiving Stolen Property- 2913.51 (2 a)
ORC (ohio revised code)
can be adopted/no parent involvement
PCC (permanent court custody)
the initial hearing for any youth going through the court process; at this hearing youth has a chance to admit or deny involvement in the alleged delinquency; there are two types: lockup and non-lockup
preliminary hearing
no adoption/parent involvement
PPLA - planned permanent living arrangement
a report ordered after adjudication to assist the Magistrate/Judge in making the most appropriate disposition; report is to be a complete social history of youth and family including school information, peer group, medical/substance abuse, prior treatment/counseling, etc.
PSI - presentence investigation
attorney who works for the county prosecutor; is assigned to each case and must represent the case for the state; make recommendations for disposition and usually speak to victims; office has a victim advocate who works with victims of very serious crimes, i.e. murder, sex offenses, felonious assaults, etc.
prosecutor
an organization of attorneys which provides legal services for indigent families
public defender
the unit in the detention home where all youth are processed for admission and for release
R&R - receiving and release
a rule under juvenile law where a court action should be avoided in suitable cases and allows a magistrate/judge the discretion to dismiss on that basis. usually a first offense or behavior less serious in nature. dismissal is before adjudication
rule 9
a rule under juvenile law which allows a magistrate/judge to dismiss adjudicated charges once a youth with no record completed court orders
rule 29
a diversion program in which youth agree to participate; the court is conducted by other teens that act as attorneys, prosecutors, bailiffs, and jury. once a teen is sentenced by his peers, he must participate in teen court for a period of five weeks
teen court
a diversion unit for youth who are mainly incorrigible rather than delinquent; program attempts to link family with individual and/or family counseling type programs
unruly diversion
when a youth breaks one of his rules/terms of probation; often the probation officer will then file a motion to bring the youth back before the court
violation of probation
a dispositional order giving Franklin County Children Services temporary custody of a child. if a child is in the temporary custody of a child welfare agency, the child cannot reside in his/her home
TCC
this is an order issued at the preliminary hearing granting an agency or non custodial party temporary custody pending a formal hearing
TOC
this is a dispositional order requiring FCCS to provide services to a family
COPS
no court involvement
VPS
