Everything that has to do with Juvenile Law from definitions to case holdings.
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| What important holding was decided in In re Winship? | Changed the standard of evidence needed to find a juvenile guilty from preponderance of the evidence to beyond a reasonable doubt.
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| Name the ages ranges of the following four cases: Delinquent Acts, Youthful Offenders, Care & Protection/Abuse & Neglect, and CHINS (Status offense cases). | Delinquent Acts (7-17), Youthful Offenders (14-17), Care & Protection/Abuse & Neglect (<18), CHINS (<17).
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| What level of proof is required for each of the following four cases: Delinquent Acts, Youthful Offenders, Care & Protection/Abuse & Neglect, and CHINS (Status offense cases). | Delinquent Acts, Youthful Offenders and CHINS - Beyond a reasonable doubt. Care & Protection/Abuse & Neglect - Clear and convincing.
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| What types of offenses are categorized as Delinquent Acts and what are the options for actions that a judge can make? | Violating a law, bylaw or ordinance. Commit juvenile to the state until age of 18, probation, or file (puts case on file until juvenile reaches age of majority, can be re-opened at any time).
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| What types of offenses are categorized as Youthful Offenders and what are the options for actions that a judge can make? | Infliction or threat of serious bodily harm or committed to the state in the past (prior DYS commitment) and a new offense which if conducted by an adult could lead to state imprisonment.
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| What types of cases are categorized as Care & Protection/Abuse & Neglect and what are the options for actions that a judge can make? | Caretaker (adult who has care of the child) causes harm to a child. Status quo, protective supervision, temporary custody, or permanent custody.
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| What types of offenses are categorized as CHINS (Status Offense) and what are the options for actions that a judge can make? | Truancy (ages 6-16), runaways, disobedient (parents, school officials, lawful commands). Status quo, court observes child's behavior, temporary custody, or permanent custody.
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| Who can initiate the following four types of cases: Delinquent Acts, Youthful Offenders, Care & Protection/Abuse & Neglect, and CHINS (Status offense cases)? | Delinquent Acts - Police, complaints. YO - Police, District Attorney. C&P/A&N - ANYONE. CHINS - Police, parents, truancy officer, school officials.
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| Which state agencies are involved in the following four types of cases: Delinquent Acts, Youthful Offenders, Care & Protection/Abuse & Neglect, and CHINS (Status offense cases)? | Delinquent Acts - DYS. YO - DYS. C&P/A&N - DCF. CHINS - DCF.
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| What is the definition of abuse? | An act of commission; the parents/guardians/custodians has caused an injury or series of injuries to a child under the age of 18 by overt action.
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| What is the definition of neglect? | An act of omission, the parents/guardians/custodians withholds something from a child under the age of 18, such as food, clothing, or medical care.
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| Which case set the standard of evidence in abuse & neglect cases at clear and convincing? | Santosky v. Kramer
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| What is DCF's definition of abuse? | The non-accidental commission act of an adult to a child under the age of 18 that causes physical or emotional abuse to the child.
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| What is DCF's definition of neglect? | Failure by a caretaker, either through negligence or inability, to provide child with minimum supervision, emotional stability and growth, food, clothing, shelter, etc. necessary to care
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| What is the national definition (Title 45 of the Code of Federal Regulations, Sect. 1340.2) of abuse & neglect? | Physical/mental injury, sexual abuse/exploitation, negligent treatment/maltreatment of a child by a person who is responsible for the child’s welfare under circumstances which indicate that the child’s health or welfare is harmed/safety threatened.
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| What is the DCF's definition of a child? | A person who has not reached the age of 18, but does not include unborn children.
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| What are the different types of neglect included under Title 45, Sect. 1340.2? | Medical, emotional, moral, educational neglect, sexual abuse, children born addicted to drugs.
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| What are some of the reasons abuse & neglect occur? | Inexperienced, young parents, parents who suffer from mental retardation/illness or character disorders (alcoholism), parents exposed to same form of discipline, cultural differences, stress, parent wants to harm child who they believe is bad.
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| What are the four consensual rights parents have until children reach the age of majority? | Marriage, medical intervention, military, and adoption.
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| What rights do parents have of their children? | Custody of their children, physical possession of children, control of children (exposure to religion, clothing, etc.), visitation, to inherit from children in cases of death, and consensual rights (marriage, medical, military, adoption).
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| What things do children have a right to? | Education, emotional stability, inherit from parents, and constitutional protections.
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| What are the duty parents have to their children? | Provide maintenance and supervision, welfare, provide necessary care and education, provide circumstances that allow for proper development of child's character, willing and competence.
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| What are four ways that a parents' rights to their child can be terminated? | Voluntary request of parents, parent terminates without verbal acknowledgement but does so through their behavior (abandonment, unavailable to child), release child for adoption, or child is declared an emancipated minor.
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| How can a parents' custody be terminated other than through a parents' actions? | Child reaches the age of 18, gets married, is pregnant, or adopts a child.
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| What are the relevant facts and holding for Pierce v. Society of Sisters? | Oregon proposed legislation mandating parents to send their children to public schools. Legislation challenged by SofS who would lose their business. Supreme Ct reversed, parents have a right to decide how to bring up their children.
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| What are the relevant facts and holding for Prince v. Massachusetts? | Niece of D under age of 16 was on street past hours handing out Jehovah Witness pamphlets. Aunt argued niece was practicing her beliefs. Ct. said parents are allowed to become martyrs but cannot make martyrs of their children.
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| What major change was decided between Pierece and Prince? | Changed parents have the right to make decisions about their children's religious and secular upbringing without UNWARRANTED (if harm occurring, state will interfere) state interference.
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| What are the relevant facts and holding for Matters of Sampson? | Child with facial disfigurement needed surgery purely for cosmetic purposes that parents opposed because of religious reasons. Ct. ordered surgery and blood transfusion to ensure child can lead a normal life.
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| What are the relevant facts and holding for Matters of Hudson? | Child with abnormally large arm wants amputation that was suggested by physicians, but neither parent made a decision. Ct. ordered amputation because Patricia's deteriorating health due to disfigurement and her desire to amputate. Supreme Ct. reversed.
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| What are the relevant facts and holding for Matters of Seiferth? | 14-yr-old with cleft palate/harelip and his father believes in mental healing. State challenged father's decision. Supreme Ct. ruled child, who was intelligent, had right to make his own decision for the surgery because there was no imminent health risks.
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| What are the relevant facts and holding for Santosky v. Kramer? | Parents lost custody of 3 children because they did not improve their behavior based on court order and were challenging constitutionality of parental termination based on preponderance of EV. Supreme Ct. changed standard of EV to clear and convincing.
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| What are the six major categories of abuse and neglect? | Bruises, burns, broken bones, head injuries, abdominal, failure to thrive (FTT).
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| What are the diagnostic criteria for FTT (due to underfeeding)? | Underweight condition, failure to gain weight at home, rapid weight gain out of home, ravenous appetite, deprivational behaviors (no response to cuddling, no expression).
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| What are the relevant facts and holding for In re Gault? | 15-yr-old was taken into custody for making obscene calls, parents were not notified. Supreme Ct. ruled that juveniles have a right to adequate notice, right to counsel, right to cross-examine complainant, and other 14th Am. rights.
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| What are the relevant facts and holding for In re Winship? | 12-yr-old charged and arrested for stealing, convicted using preponderance standard. Supreme Ct. ruled in cases deciding criminal convictions, standard of proof beyond a reasonable doubt should be used for juveniles and adults alike.
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| What are the relevant facts and holding for McKeiver v. Pennsylvania? | Defendants brought to trial without a jury and charged with robbery, theft, assault. Supreme Ct. held there is no constitutional right for requirement of a jury trial in juvenile cases, but States can extend that right.
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| What are the relevant facts and holding for Schall v. Martin? | Defendants detained before arraignment and fact finding hearing claim violation of 14th Am. rights. 14-yr-old charged with criminal possession of weapon, assault. Supreme Ct. held preventive detention protect society and juvenile.
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| What are the relevant facts and holding for New Jersey v. TLO? | 14-yr-old girl found smoking in bathroom at school, principle searched bag and found drug paraphernalia of drug dealing. Supreme Ct. held that search on private school grounds based on probably cause, not reasonableness.
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| What are the relevant facts and holding for Rambert v. Commonwealth? | 16-yr-old accused of aggravated rape, assault, escaped from DYS custody several times. Def. held in state jail. Ct. held that def. should have been committed to DYS, probation officer, parent/guardian, or other responsible adult, NOT an adult jail.
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| What are the relevant facts and holding for Commonwealth v. A Juvenile? | 13-yr-old & father present during police questioning, but Miranda rights not properly explained. Ct. says if under 14, must have concerned, caring adult present and show that Miranda waived intelligently, knowingly; unless they are of high intelligence.
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| Name and define the four different models for juvenile facilities (based on video). | Punishment-will not commit crimes if there is a suitable punishment, Psychological-kids commit crimes lack understanding of society, Vocational-teach a real world skill, Restitution-pay back what they took.
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| What are the relevant facts and holding for the Katherine case? | Child of coke addicts who refuse to stop using coke, but child is not abused/neglected in any way. Ct. holds that drugs alone not enough reason to terminate custody if parents taking adequate care of child.
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| What is the goal/purpose of the juvenile court? | Ensure the rights of any child to sound health and normal physical, mental, spiritual and moral development; strengthen/encourage family life for protection of child.
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| What criteria need be reported to begin procedures for committing child to state custody? | Without necessary/proper physical/educational care/discipline, growing up under conditions/circumstances harmful to character development, lacks proper attn of guardians, guardian unwilling/incompetent/unavailable to provide such care.
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| What is the definition of a mandatory reporter and what are some examples of a mandatory reporter? | Professionals who work with children that need to report abuse and neglect if professional has reason to believe child is suffering physical/emotional injury causing harm to child's welfare. Physician, nurse, teacher, social worker, law enforcement.
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| What is the definition of a delinquent child based on G.L. Chap. 119? | A child between 7 and 17 who violates any city ordinance or town by-law or who commits any offense against a law of the commonwealth.
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| What is the definition of a youthful offender based on G.L. Chap. 119? | Child b/t 14-17 who committed offense against commonwealth which an adult would be punished by imprisonment in state prison, AND has been previously committed to DYS, OR has previous offense involving serious bodily harm.
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| How does G.L. Chap. 119 define the nature of proceedings of the juvenile court? | Court proceedings created liberally so care, custody, discipline will approx. that received from parents; treat youth not as criminal, but child in need of aid, encouragement, guidance; not criminal proceedings.
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| What are the proceedings of examining a complaint of a child under 12 years of age under G.L. Chap. 119? | If child is under 12 years of age, court will first issue a summon and summons will be issued in all other cases instead of a warrant unless court has reason to believe he will not appear upon summons.
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| According to G.L. Chap. 119, when are jury trials allowed? | - Trial of a child complained of as a delinquent or indicated as a youthful offender in the division of the juvenile court department shall be by a jury, unless the child waives and consents to be tried by the court without a jury.
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| What is the G.L. Chap. 119 view and purpose of rules on adjournments and appeals? | Adjournments should not exceed 15 days against the objection of the child. Purpose is to make sure the child is not lingering in the system unless all parties agree to it.
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| What does G.L. Chap. 119 say about investigation by probation officers and their duties? | Every case shall be investigated by probation officer, officer will make a report regarding character of child, school record, home surroundings, previous complaints, will be present at trial and provide court assistance.
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| According to G.L. Chap. 119, what happens to a delinquent child who is adjudicated? | Court may place case on file and place child in care of probation officer or commit him to DYS, as they deem it appropriate.
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| According to G.L. Chap. 119, what happens to a YO who is adjudicated? | Court may sentence him to such punishment as is provided by law for the offense through written findings.
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| What does a court have to include in adjudication of a YO case findings? | Reasons for the finding and how long-term public safety would be best protected by: 1) Sentence provided by law, or 2) Combo sentence of commitment to DYS until 21, then adult sentence in state prison.
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| What happens to a child who violates the terms of probation (G.L. Chap. 119)? | If child in care of probation officer and before final disposition of case, officer can arrest such child without warrant and take him before the court, or court may issue warrant for his arrest.
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| What happens if someone is found inducing/abetting the delinquency of a child (G.L. Chap. 119)? | - Any person who is found to cause, induce, abet, or encourage/contribute toward delinquency of child may be punished by a fine of not more than five hundred dollars or by imprisonment of not more than one year, or both.
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| What is a capias according to G.L. Chap. 119? | Court issues a capias when someone summoned to court fails to respond or appear.
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| What were the Matthew v. Eldridge factors discussed in the Santosky case used to determine what the burden of proof should be in parental termination cases? | The government should bare the risk and burden of evidence beyond a reasonable doubt in cases of parental termination to account for erroneous deprivation of private interests using preponderance and offset adversary contest b/t State and parents.
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| What are the facts and holding in the Home for Little Wanderers case? | Mom surrendered child for adoption then changed her mind. HFLW challenged mom. Ct decided in best interest of child and mom's lack of plans to keep child at HFLW.
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| What are the facts and holding for Commonwealth v. Clint C.? | 15-yr-old charged with forcible rape of child. Ct argues that rape includes the threat/infliction of serious bodily harm and the J.C. judge erred in dismissing indictment. Case does meet def. of YO case.
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| What are the facts and holding for Commonwealth v. Connor C.? | 16-yr-old charged with possession of gun w/o license while escaping from police in vehicle. Charges dismissed, but Supreme Ct. rule previous adjudication can count as a conviction. D fits def. of YO.
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| What are the facts and holding for Commonwealth v. Dale D.? | Juvenile charged with forcible rape/indecent battery of person 14+. Grand Jury dismissed, but ruling judge indicted. D found guilty of rape and committed to DYS. Supreme Ct. held that charges can be made by complaint or indictment.
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| What are the facts and holding for Commonwealth v. Lamont L.? | D charged with assault and battery with dangerous weapon, not guilty motion denied. Combined with misdemeanors. Ct. disagrees indictment should NOT be dropped b/c D did not protest prior to trial. On 2nd count,
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| What are the facts and holding for Commonwealth v. Quincy Q.? | J.C. judge allowed prosecutor to refresh child's memory outside of jury presence. Judge dismissed motion to dismiss YO. Grand Jury lacked EV to indict D as YO b/c no EV of infliction/threat of serious bodily harm.
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| What are the facts and holding for Commonwealth v. Russ R.? | Ct. to determine if J.C. judges have authority to grant immunity to a witness. Legislative intent does not support giving J.C. judges power to grant immunity.
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| What are the facts and holding for Kent v. United States? | 14-yr-old convicted of several housebreaking and robberies; raped woman while on probation. Trial sent to adult court. Kent declared NGRI. Supreme Ct. held juvy ct. wrong to admit Kent to adult court. Juveniles have a right to fundamental justice/process.
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| What are the facts and holding for Two Juveniles v. Commonwealth? | Juveniles being transfered for multiple violent offenses and no proof of remorse or rehabilitation. Supreme Ct. held that clear and convincing evidence was presented that juveniles could not be rehabilitated.
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| What are the facts and holding for Breed v. Jones? | 17-yr-old committed offense while armed that would constitute robbery and was tried twice, once at adjudicatory hearing in Juvenile Ct. and trial in Superior Ct. for same offense. (Double Jeopardy)
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| What are the three ways a juvenile case can be transfered to the adult criminal justice system? | Judicial waiver - judge makes the decision, legislative waiver - legislation mandates certain crimes be sent to adult court, prosecutorial waiver - DA makes decisions for transfer NOT judge
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| In Massachusetts, what is the model that is used to transfer juveniles to the adult criminal justice system? | Prosecutorial waiver, where the District Attorney makes decision about whether or not to have case treated as a transfer case, who to charge as a youthful offender (called YO process)
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| If a juvenile between the ages of 14-17 commits a robbery, what are the two things that can happen in the situation? | Can be charged as a delinquent OR as a youthful offender.
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| What are the differences in consequences for a juvenile charged with being a delinquent versus being charged as a youthful offender? | Delinquent - filed, probation or DYS until 18; YO - DYS until 21 OR 21+ sentence as provided by law (adult charges)
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| In 1996, Massachusetts changed the transfer/waiver law. What were the changes? | How transfer hearings were held and how the process worked, what the judge's assignment was, and how judges would make the decision to transfer or not.
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| What are two ways the commonwealth may proceed to charge a juvenile in court? | Indictment or complaint.
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| What happens to a juvenile who is found guilty of 1st degree murder before his 17th birthday? | The superior court will commit the person to such punishment as is provided for law for the offense.
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| In what cases are juvenile courts limited by 119 Sect. 74 by how they can proceed? | If a person between the ages of 14-17 commits murder in the 1st or 2nd degree, juvenile court no longer has jurisdiction.
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| What are the important facts and holdings In the Matter of Vincent? | If a child is admitted to court as a status offender, the court does not have the ability to order the child to do anything, except as a condition of custody. Child cannot be held in contempt of the law.
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| What are the important facts and holdings In re Ronald S.? | Status offenders cannot be placed in a secure institution and cannot be held in contempt of the court if he runs away.
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| Can status offenders be confined to a secure facility during non-school hours if they refuse to go to school? | Minors should not be held in confinement in a secure facility except under delineated exceptions (not including contempt).
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| What are the important facts and holdings in Commonwealth v. Florence F.? | A juvenile cannot be held in contempt of court for disobeying a court order for violation of custody because juvenile judges cannot directly order children to attend school in CHINS cases. Reaffirmed Vincent.
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| What is the Delinquency Prevention Act of 1974 as described in the case Commonwealth v. Florence F.? | Courts develop and conduct effective programs to prevent delinquency, to divert juveniles from the traditional juvenile justice system and to provide critically needed alternatives to institutionalization.
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| What are the important facts and holdings In the Matter of a Grand Jury Subpoena? | Two boys accused of raping a younger sister of one of the boys. Parents spoke to their children about the incident. Court subpoenaed parents, who petitioned for a parent-child privilege. Court ordered no such privilege exists.
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| In the case In the Matter of a Grand Jury Subpoena, what were the findings for Three Juveniles v. Commonwealth that were mentioned in the case? | the creation of evidentiary privileges is most often left to the legislature and court declined to create a testimonial disqualification for minor children subpoenaed to appear before a grand jury.
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| Which cases proceed by indictment and which ones proceed as complaints? | Indictment - YO, complaint - delinquent acts
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| What is the policy concerning juvenile records for delinquency and youthful offender cases? | Juvenile records are closed to the public. Youthful offender cases are open to the public (same as adult cases).
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| Do juveniles have the right to a jury in status offense cases? | Yes, according to Massachusetts statute, unless they waive their rights to a jury trial.
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| Name the "proper parties" who have standing to petition a child to be in need of services. | Parents, police, probation officer, school officials.
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| Name the steps in the process for a CHINS case. | 1) Petition, 2) Preliminary hearing, 3) Decision to issue petition, 4) Trial, 5) Adjudication, 6) Disposition
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| What is the standard of proof used for a CHINS case? | Beyond a reasonable doubt.
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| What is the standard of proof used for criminal charges and what case enacted that standard? | Proof beyond a reasonable doubt, Santosky v. Kramer
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| What does the phrase "status offense" mean? | An offense which if committed by an adult would not be noncriminal, but because of the child's age, is deemed a worthy case to come before the court.
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| What does CHINS stand for? | Child In Need of Services.
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| What must be determined in the adjudication stage of a CHINS case? | Is the child in need of services; are they being truant, disobedient or a runaway.
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| In CHINS cases where juvenile is not obeying a parents' commands, what do the commands have to be? | Reasonable and lawful.
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| Where can/cannot a child found in need of services be placed? | Cannot be held in an institution designed or designated for children found delinquent.
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| What can a judge do in a situation where a child found to be in need of services runs away from a foster home or fails to go to school? | Nothing. According to Florence and In re Ronald, judges cannot give direct orders, only conditions for parental custody.
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| Can a juvenile appeal in a CHINS case? | Yes, according to statute 39I.
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| What agency is responsible for CHINS and what services are provided by it? | Department of Children and Family Services. Clinical care, psychological care, foster care.
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| Can a juvenile court judge hold a child found to be in need of services in contempt for disobeying a direct order? | No, contempt can only be used in criminal cases and judges can only impose conditions for custody, not direct orders.
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| What is a transfer hearing? | Procedure by which the determination is made whether to treat a juvenile within the juvenile court or within the adult criminal system
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| Who is eligible for a transfer? | Juveniles between 14-17 years old at time of the offense, AND charged with offense involving "infliction of serious bodily harm" or juveniles previously committed to DYS & now charged w/ offense which if committed by an adult would be punishable as felony
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| What is the purpose of each of the two parts to a transfer hearing? | Part A-deciding if there is probable cause to believe that the juvenile committed the offenses charged; Part B-whether juvenile poses a significant danger to the public and is not amenable to treatment in juvenile system
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| What is the criteria for determining a transfer of juvenile to adult court? | • Seriousness of alleged offense
• Child's family, school, social history (court & juvenile delinquency record, if any)
• Adequate protection of the public
• Nature of any past treatment efforts for the child
• Likelihood of rehabilitation of the chil
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| What is the burden of proof and who bears the burden of proof in a transfer hearing? | The Commonwealth bears the burden of proof; standard used is clear and convincing.
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| What two findings must a judge make in order to support an order for transfer and what is the burden of proof used? | Must support determination that juvenile is not amenable to treatment as a juvenile and protection of the public necessitates treatment as an adult; clear and convincing.
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