Juvenile Law Flashcards
Why teach juvenile law?
Juvenile behavior is governed by impulse rather than rational thinking.
Why are juvenile laws and penalties less severe than adult ones?
Research shows that the juvenile brain is still maturing in the teen years, with reasoning and judgment developing well into the early mid 20s.
What is the definition of a juvenile?
A juvenile is any person under 18 years old.
What does delinquency refer to?
Delinquency applies to acts that, if performed by an adult (18 years old), would be termed criminal. Ages 12-18 can be charged with delinquency.
What is a delinquent child?
A delinquent child is defined as being between 12-18 years old.
Children under 12 lack the mental capacity to form criminal intent.
What is a youthful offender?
A youthful offender is a juvenile aged 14-18 who has committed a felony and meets certain criteria.
What criteria apply to a youthful offender?
Criteria include previous DYS commitment, certain firearms offenses, or offenses involving serious bodily harm.
What is a Care and Protection Order?
A Care and Protection Order is to remove children from abusive and unsafe environments.
Anyone can initiate a Care and Protection Order.
What is a mandated reporter?
A mandated reporter is a person in their profession who has reasonable cause to believe a child is suffering from abuse or neglect.
What is the duty of a mandated reporter?
They must report abuse and neglect to DCF immediately and file a written 51A within 48 hours.
Who can be a mandated reporter?
Examples include police officers, nurses, teachers, doctors, EMTs, and firefighters.
What is a 51A report?
A 51A report is the reporting of suspected abuse or neglect by mandated reporters within 48 hours.
What is a Child Requiring Assistance (CRA)?
A CRA is a person between 6 and 18 years old who has specific legal rights upon the filing of an application.
What are the categories under Child Requiring Assistance?
Categories include runaway/stubborn child, habitual school offender/habitually truant, and sexually exploited.
What is a Care and Protection Petition?
Any person may petition with the juvenile court on behalf of a child under 18 years old.
What is the timeline for a Care and Protection Petition?
A final judgment is due within 15 months, which can be extended only for a parent who has made substantial progress.
What conditions justify a Care and Protection Petition?
Conditions include lack of proper attention from a parent/guardian, unwillingness or incompetence of the parent/guardian, or child sexual exploitation.
What actions must police take regarding abuse?
Police must provide medical attention, file a 51A, and transport the child to a police station.
What is the difference between detained and committed in DYS?
Detained means held for a court date, while committed means ‘sentenced’ after a court decision for treatment.
What happens to female juveniles arrested overnight?
They are taken to Brockton, Worcester, or Springfield.
What services does the Neighborhood Trauma Team provide?
They offer services for those affected by community violence and have a 24/7 hotline.
What does Youth Connect do?
Youth Connect helps not just one child, but the entire family once they are attached to a family.
Where are social workers stationed for Youth Connect?
Social workers are stationed in district stations including B2 (Roxbury), B3 (Mattapan), C11 (Dorchester), A7 (East Boston), and E13 (JP).
