Juvenile Court: Key Concepts You Need to Know
Families who find themselves thrown into dealings with the juvenile court system may often feel overwhelmed with unknown processes and unfamiliar terminology. But there is clarity to be found. This article is meant to help introduce parents to some of the basic tenants of the juvenile court system in Tennessee.
For additional information and tailored advice specific to your own circumstances, contact the esteemed Franklin Juvenile Law attorneys at Fort, Holloway & Rogers.
Juvenile Court
Generally speaking, children and families end up in dealings with the juvenile court system in one of three ways. The children are either:
- Delinquent
- Unruly
- Dependent and Neglected
Delinquent
A child who is “delinquent” means that the child was found to have “committed a delinquent act” and is in need of treatment or rehabilitation. In this context, a delinquent act means that an action was taken that is against the law because the person committing the action is a child. For example, truancy, being a runaway, etc. A child can also be classified as “delinquent” if they commit an adult crime such as vandalism, assault, or theft.
Unruly
A child could be found “unruly” if they are in need of treatment or rehabilitation and are habitually, without justification, truant from school, or disobedient to a level that their health and safety is put at risk, or running away from home, etc.
Dependent and Neglected
There are several reasons a child could be considered dependent and neglected. This is generally going to be a child who has not been found guilty of committing a crime or breaking rules, but has been left without an appropriate caretaker. This could have happened through many different avenues: potentially there was abuse, or neglect, or a sudden death. If parents wind up in jail, debilitated, or are dealing with significant mental health issues, the state could find that the child is being neglected.
While all of these children have vastly different needs from case to case, readers need to understand that the Department of Children’s Services has broad authority to take custody of a child. Whether this is via a truancy program, after an arrest, or perhaps through removal from an abusive home.
Winning Juvenile Cases
To win a case in juvenile court, you must anticipate that you need to gather and provide substantial, clear and convincing evidence to establish your case.
Juvenile courts hold separate hearings: one in adjudicating the child as independent, and another to decide a child’s disposition. Parents have the right to have legal counsel at both these hearings: two separate hearings in these matters, one to adjudicate the child as dependent and another to decide the child’s disposition. Parents, you have the right to an attorney at both of these proceedings. It is imperative to understand your role and required steps as court matters unfold. The juvenile law attorneys at Fort, Holloway, & Rogers can help.
Contact Fort, Holloway & Rogers
The esteemed Franklin juvenile law attorneys at Fort, Holloway & Rogers are here for you. Our experienced team has helped countless clients on diverse issues and can represent you every step of the way. Contact our office today to begin speaking with our team on how we can help you take your best next steps moving forward.
Sources:
williamsoncounty-tn.gov/225/Juvenile-Court-Services
tennesseelookout.com/2024/06/03/you-can-blame-gov-bill-lee-lawsuit-says-new-law-wrongly-punishing-tennessee-middle-school-kids/
