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What are my rights to an Attorney or Legal ?
What does Delinquent Child mean?
What is a Delinquent Act?
What does "Child in Need of Supervision" mean?
What does "Abused Child" mean?
What does "Sexual Abuse" mean?
What does "Neglected Child" mean?
How can I find out more information on the types of Hearings and what they mean?
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What are my rights to an Attorney or Legal Representation? |
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· Everyone has the right to consult a lawyer prior to coming to court and everyone has a right to bring his/her lawyer to court.
· Every child has a right to be represented by an attorney. The court may provide an attorney for a CHILD.
· An ADULT who wants an attorney to protect his or her interests must provide this for himself. If you decide you want an attorney you must tell the judge that you need time to acquire legal assistance.
· You also have the right to represent yourself. This means that you can call witnesses to speak on your behalf and present evidence for your case. |
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What does Delinquent Child mean? |
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"Delinquent child" means a child who has reached his tenth birthday and who has committed a delinquent act. |
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What is a Delinquent Act? |
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| It is any act, which if committed by an adult, is designated as a crime under state or federal law, or municipal or county ordinance other than offenses punishable by life imprisonment or death. A delinquent act includes escape from lawful detention and violations of the Uniform Controlled Substances Law and violent behavior. |
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What does "Child in Need of Supervision" mean? |
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A child who has reached his seventh birthday and is in need of treatment or rehabilitation because the child:
is habitually disobedient of reasonable and lawful commands of his parent, guardian or custodian and is ungovernable; or
While being required to attend school, willfully and habitually violates the rules thereof or willfully and habitually absents himself therefrom; or
Runs away from home without good cause; or
Has committed a delinquent act or acts.
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What does "Abused Child" mean? |
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It means a child whose parent, guardian or custodian or any person responsible for his care or support, whether legally obligated to do so or not, has caused or allowed to be caused upon said child sexual abuse, sexual exploitation, emotional abuse, mental injury, nonaccidental physical injury or other maltreatment. Provided, however, that physical discipline, including spanking, performed on a child by a parent, guardian or custodian in a reasonable manner shall not be deemed abuse under this section. |
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What does "Sexual Abuse" mean? |
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It means obscene or pornographic photographing, filming or depiction of children for commercial purposes, or the rape, molestation, incest, prostitution or other such forms of sexual exploitation of children under circumstances which indicate that the child's health or welfare is harmed or threatened. |
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What does "Neglected Child" mean? |
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It means a child:
Whose parent, guardian or custodian or any person responsible for his care or support, neglects or refuses, when able so to do, to provide for him proper and necessary care or support, or education as required by law, or medical, surgical, or other care necessary for his well-being; provided, however, a parent who withholds medical treatment from any child who in good faith is under treatment by spiritual means alone through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall not, for that reason alone, be considered to be neglectful under any provision of this chapter; or
Who is otherwise without proper care, custody, supervision or support; or
Who, for any reason, lacks the special care made necessary for him by reason of his mental condition, whether said mental condition be mentally retarded or mentally ill; or
Who, for any reason, lacks the care necessary for his health, morals or well-being.
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How can I find out more information on the types of Hearings and what they mean? |
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Go to our Online Services menu under the Youth Court site and you will find several documents that explain the types of hearings and what they mean. |
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