Words and phrases differ between the juvenile and adult justice systems. There′s a long-standing philosophy that children who break the law are to be nurtured and rehabilitated, not punished as criminals. Consequently, the language isn′t as harsh when referring to a juvenile offender. Here′s how the two “languages” compare:
| In the juvenile system… | In the adult system… |
|---|---|
| juvenile | defendant |
| adjudication hearing | trial |
| disposition hearing | sentencing |
| detention | jail |
| department of juvenile corrections | prison |
| delinquent act | crime |
| delinquent | criminal |
Each state has its own criminal code that applies to everyone. However, when a child breaks one of the criminal laws, he or she is dealt with in the juvenile justice system. If adjudicated on the charge, he or she is referred to as a delinquent. 
Another term closely associated with delinquency is incorrigibility. This only applies to minors—anyone under the age of majority (eighteen in most states). Any minor found guilty of a status offense is considered an incorrigible child.
If you′re a truant, a runaway, disobedient, a curfew violator, or someone who uses or possesses alcohol or tobacco products, you may be declared by the court to be incorrigible. If this happens, you may be placed on probation for a period of time, usually six to twelve months. Whatever the problems and issues are at home, services will be provided to help you out. If you find yourself in this situation, work with the counselors and probation officers so you can get on with your life.
More and more states are expecting parents to exercise control over their children. Parental responsibility laws are being passed, and they carry civil and criminal penalties for violation. In 1996, the parents of a teenager in Michigan were found guilty of parental irresponsibility in supervising their son. Sixteen-year-old Alex was described as a one-boy crime wave. In his bedroom were a stolen gun, alcohol, and marijuana plants. He burglarized churches and threatened his father with a golf club. Alex was sentenced to one year in lockup, while his parents were fined $100 each and ordered to pay $1,000 in court costs.
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the group is wondering if juvenile delinquents’ records are expunged at 18, & if so, who still has access to these records?
Judge Tom’s Response:
Each state has its own laws regarding the destruction or expungement of juvenile records. Usually, the juvenile has to apply to the court for this to happen. In some states, you have to be older [19 or 21, for example] before you apply. It can also be older if the crime was a felony [for example, it's age 25 for a felony in Arizona]. Until expunged the records are available to courts and law enforcement. They are not public records in most states.
is it possible to have records sealed after turning 18?
Judge Tom’s Response:
Each state has its own laws about sealing and destroying [called 'expunging'] juvenile records. Courts seal records when there is a good reason, for example, protecting the name or confidentiality of a minor depending on the nature of the case. Also adoption records are usually unavailable to the public. It’s best to check your local laws on this very specific area.
What rights does a parent have when a child who is on probation. The child walks out of the house and thinks that he can come and go as he pleases. Part of the terms of his probation state that he has to obey the lawful orders of the parent. I am getting no help from his probation officer. She just says that I basically have to let him live in my house but he keeps running away and disrupting the lives of everyone in the household
Judge Tom’s response:
You’re right – a standard term of probation for a juvenile requires that he or she obey the lawful orders of their parents. Refusing to do so usually results in a violation of probation with increasing consequences. If you’re not getting anywhere with your son’s probation officer, ask to speak with her supervisor? Your son shouldn’t be allowed to flaunt the law or disregard his probation terms. Good luck.
In a juvenile delinquency case can a parent have a warrant(failure to appear) issued on them if they a.) was not party nor witness to case b.) was not summoned or ordered to appear c.) at time warrant issued had not missed any court dates? I did violate my son’s intrium probation by moving back to my home state ( says he must get permission from probo for absences of 2wks ) however did inform his attorney.
Dear Vicki: The basis of a warrant depends on the facts of the case. If a judge issued a warrant for your arrest, it is because you violated an order or a term of release in your son’s case. You might want to contact his probation officer or a lawyer to resolve this rather than being arrested on the warrant. Good luck.
[This is information only - not legal advice].
My son is 15 yrs old and on Probation for fighting with his younger brother 12 in our household. he has 12 months probation in NYC. I sent him to live with his dad in Nashville because he was threatened to sell marijuana which explained his behaivoral changes. He is a good student and never been introuble with the law outside the home. this was his only arrest. I felt is was the best thing to live with his dad. Now they are saying they might violate him. I am a single mother and feel no support form the system. My best interest is with my son. What can I do so they won’t violate him? cant they put in for a transfer?
Dear Eileen: In order to prevent further charges [violation of probation for leaving the state, etc] make an appointment with his probation officer and explain the situation. Court orders are not to be ignored or intentionally violated. Now that he’s left the state, you might be able to obtain a modified probation order allowing him to remain with his father. You should also speak with his lawyer if he had one when he was before the court. Good luck.
[This is information only - not legal advice].