Juvenile Delinquency

When a child is formally charged by the District Attorney’s Office with the commission of an act that violates a criminal law, the child and his or her parents or guardians are ordered by the Juvenile Court to appear at Juvenile Court.  (A child is any person who was under the age of eighteen at the time of the alleged criminal act.)  The child is entitled to the appointment of an attorney if the child’s parents or guardians cannot afford to hire an attorney or decline to do so.  The court appoints the Private Defender Program to represent such children.

A PDP attorney, assigned by the Managing Attorney, appears with the client at the first court appearance.  The first appearance is called a “Detention Hearing” if the child is detained in the juvenile hall or an “Arraignment Hearing” if the child comes to court from home.  Prior to the first appearance, the PDP attorney reviews the charges with the child client and advises the client about the proceedings and rights.  At the Detention Hearing, the attorney seeks to have the child released to the parents or placed on detention in the parents’ home. 

Typically, the first hearing is brief and nothing of substance occurs other than the setting of the next court date, usually a “Pre-trial Conference.”  Prior to the next court date, the attorney will meet with the client, review the police reports, and prepare the client for the next hearing.  If further investigation is indicated, the attorney will obtain the services of an investigator through the Private Defender Program.  The attorney may also engage the services of other forensic experts if the circumstances indicate that one is needed for the defense of the case. 

If the case is not resolved at the Pre-trial Conference, a date for a trial is set.  Prior to trial, additional interviews with clients may be needed, subpoenas may be issued, evidentiary issues researched, and legal motions filed with the court.  At the trial itself, the PDP attorney provides the client with the best possible defense against the charges.

In the event that the court finds the charge or charges are true, the attorney appears with the client at the “Disposition Hearing” afterward.  At that hearing, the court will consider a report prepared by a probation officer and the arguments made by both the defense attorney and the district attorney.   The court then decides whether the child should be placed on probation, placed outside of his or her home, or committed to a juvenile institution for treatment and/or punishment.

Throughout the entire court process, the PDP attorney plays an important and significant role through the provision of competent legal services to child clients.

Juvenile Dependency

The purpose of the law regarding dependent children is to provide safety and protection for children who have been abused or neglected and to preserve the family unit whenever possible.  Provisions for the safety and protection of the child may include a variety of services to help the family and the child in order to prevent re-abuse and to reunify the family whenever possible. 

Dependency proceedings are commenced when the Department of Youth and Family Services (YFS) files a petition with the juvenile court alleging that a child has been abused or neglected.  The social worker must immediately serve a copy of the petition on the parents and notify them of the time, date, and place of the court hearing.  If the social worker has removed a child from the family home, a “Detention Hearing” must be held at the juvenile court on the day following the filing of the Petition.

At the Detention Hearing, the court will appoint the Private Defender Program to represent each parent and the child(ren).  The Managing Attorney will assign a separate attorney for each party.  The County Counsel’s office will represent the Department of Youth and Family Services.

At the Detention Hearing, the parent’s attorney may try to convince the court that the child may be safely returned to the parent’s custody immediately, usually with the provisions of services by a social worker.  In the alternative, the attorney may request that the child be placed in the home of a relative rather than remain in the custody of YFS in a foster home. 

Also at the Detention Hearing, the court will set a date (usually about three weeks later) for a “Jurisdictional Hearing.”  A Jurisdictional Hearing is held to determine whether the alleged acts of abuse or neglect are true, and, if found to be true, what authority the court will exercise over the parties to prevent further abuse or neglect.

Prior to the Jurisdiction Hearing, the PDP attorney will interview the parent client to prepare for the hearing.  If  the client wants to admit that the allegations are true (in whole or in part), the attorney will assist the client in preparing for the most appropriate disposition of the matter.  If the client says that the alleged facts are not true, the attorney will assist the client in preparation for the hearing.   Through the PDP, the attorney has available resources that include investigators, psychiatric and psychological experts, medical experts, and other forensic specialists.  The PDP attorney representing the child(ren) always advocates for what is in the best interest of  the child client(s).

At the conclusion of the Jurisdiction Hearing, the court decides whether the allegations have been proved.  If the court finds sufficient evidence that the allegations have been proved, the court will then conduct a “Disposition Hearing” to determine whether the child(ren) can be safely returned home or whether they need to be reside outside of the parental home.  The court will order the Department of Youth and Family Services to provide a minimum of six months of services to the family with the goal of re-unifying the family.

A review hearing will be scheduled six months later to determine whether the child(ren) and parents can live together safely without court involvement.  In some cases, the court may order an additional period of time, in which more services will be rendered.  Upon termination of services, the court may return the child(ren) to their parents, continue the children in long-term foster care, place the child(ren) with a guardian, or terminate the parents’ parental rights and free the child(ren) for adoption.

At all stages in the court process, PDP attorneys participate in court hearings to advocate on behalf of their clients.  In addition, PDP attorneys advise parent clients about what to do between hearings to facilitate the return of their child(ren) to them.  PDP attorneys are available to their clients to render legal assistance during the entire time that the court has jurisdiction over the matter.