Juvenile Legal System

BRIEF OVERVIEW OF THE JUVENILE COURT LEGAL SYSTEM

The California Juvenile Court has jurisdiction to hear two types of Juvenile matters. Delinquency and Dependency cases. A Dependency cases involve minors who need protection, who have been physically, emotionally or sexually abused or neglected or abandoned. In these matters your primary agency in control is the Department of Children and Family Services or DCFS.

Delinquency involves minors (under the age of 18 at the time of the alleged act or alleged crime) being investigated by the Police Agency. In these matters police agencies are the ones in charge, although often you have many agencies involved in reporting, investigations follow up. The police have for various reasons the authority to detain and child and a child can be taken into custody and placed at Juvenile Hall.

The goals of the Juvenile Court in California are to protect the children that come into the system. These children come into the system usually by referrals from relatives, neighbors, teachers, counselors, and doctors or any other person who makes a report of suspected child abuse or neglect.

You should be aware that Police Officers and CSW’s or social workers from the Department of Children and Family Services (DCFS) have the authority to remove a child from the home. They have the authority to interview your child in private and to observe them physically for any signs and or indications of abuse. However, several points should be noted here as a parent and/or a minor accused of a crime or act of abuse the following:

(1) Despite the right to speak and observe your child. Your child has rights not to talk to the social services or police agencies. You may want to refer to the Miranda section of this web sight for Delinquency Matters. Your child has the right afforded to all persons by the California and U.S. Constitution i.e. the right not to be interviewed, the right to have an attorney present. I would always advise at least that you consult with an attorney prior to being interviewed and/or allowing your child to be interviewed. This process usually takes place in one of two manners

(2) the police call you and ask you to bring in your child for a discussion about some allegations. Police Detectives have a job to do and it is not to protect your child--it is to investigate and solve crimes. Despite the niceness presented by the Detectives, it is misleading and can get your child and or yourself into serious trouble.

Always consult with an attorney, or call us at McNamara & McNamara when these things are happening to you, or your child.