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Juvenile Law

This is a broad, general category that encompasses individuals under the age of “majority” or of legal age. In California in the eyes of the law, a child magically becomes an adult on their eighteenth birthday. Each state is free to establish its own laws which decide at what age their children become adults. Some states have age 21. In California, an 18 year old is an adult, but cannot legally consume alcohol until age 21. Odd, isn’t it. People, mainly young people, have been screaming about this one for a while now. The juvenile law system is designed to protect those “of tender years.” It has only been in operation since the early 1900's. Prior to that, children were not protected under the law; they were treated like property, the property of their parents. Our current system of juvenile law grew out of public reaction to the lack of protection for the young, and the potential that they could be exploited. Child labor was rampant at the turn of the century, children could (and were) sent to adult prison if convicted of crimes, where again they were incredibly vulnerable to abuse.

Dependency

The Juvenile court has the power to, and does step in when children are at risk of not being cared for by their parents, or are being abused or in danger of being abused. The Court steps in the place of the parents (In Parens Patriae) to make decisions that it determines to be “in the best interest of the child.”
That is the gold standard in juvenile court - the best interest of the child.
The child herself may want to be returned to her parents, but if the court feels it would not be in her best interest, it is not bound by the child’s wishes. These are tough cases.

In Los Angeles County alone, there are over 30,000 children in foster care. An attorney in a dependency case represents the child, OR the parent(s). Sometimes each parent has their own attorney, because their individual interests may conflict. In California, parents who are faced with a dependency proceeding in which their children may be removed from the home are entitled by law to the assistance of counsel. An attorney MAY not ethically represent both the child and the parents, even if they agree as potentially their interests may conflict. An attorney is duty bound to not represent two parties with divergent interests. The law that primarily governs juvenile matters in California is the Welfare and Institutions Code. For more information about dependency law, contact an attorney who specializes in juvenile law.

Delinquency

Delinquency in juvenile court is akin to offenses in criminal court, but they are not called crimes in the juvenile court system. Children charged with offenses that would be crimes in criminal court are brought to the attention and ultimately under the jurisdiction of the juvenile court, if the allegations are found true.
Children charged with an offense are entitled to many of the same constitutional rights as adults such as due process (notice of the charges pending and the opportunity to be heard), the right to counsel, the right against self incrimination, the right to examine and confront witnesses and the right against unreasonable searches and seizures and a prohibition against double jeopardy.

Unlike adults, minors do not have a right to jury trial. The juvenile court system is designed to protect its young charges, and because of that, proceedings are confidential. Any trial in juvenile court is before a juvenile court judge, not a jury. The goal is to rehabilitate young offenders, recognizing some of the poor choices made as a youth should not burden them into adulthood. If a juvenile wants to seal their records when they turn 18, they can petition the court.

The juvenile court often grants those petitions, provided the person has demonstrated a commitment and ability to turn their life around. By sealing the record, the juvenile can now enter adulthood with a clean slate, rather than having mistakes made while young and immature stay with them their adult lives.
A request (petition) to seal a juvenile record is not automatic – juvenile delinquents who graduate to adult crime may have their requests denied.

(See Sections 389, 781 and 781.5 of the Welfare and Institutions Code.)


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