Juvenile Dependency and Delinquency

Who has jurisdiction over delinquency cases?

Circuit court

How long can the court maintain jurisdiction over a child?

Until the child’s 19th birthday to focus on rehabilitation

Detention Hearing

Must occur within 24 hours of the child being taken into custody to determine if probable cause exists

Detention Risk Assessment Instrument (DRAI)

Point based scoresheet that determines a child’s release statue

DRAI points

0-6 points: Release to parents/guardians with no conditions

7–12 points: Supervised release or home detention with ankle monitoring

13+ points: Secure detention for up to 21 days pending trial

Scoring factors

Points added for:

• severity of the offense

• prior history

• being between 13 and 16 years of age

Do juveniles have a right to a jury trial?

No they do not. They receive an adjudicatory hearing where the judge decides both facts and law

Adjudicatory hearing

Bench trial

The sandwich rule

In closing arguments, the defense gets to speak first and last if they only present the child’s testimony and no other witnesses

Sentencing (disposition) options

Judicial warning

Probation

Commitment to a Department of Juvenile Justice program

Conditional release (parole)

Dependency

A civil proceeding where the state (DCF) intervenes in family life based on a petition alleging a child is dependent

What does Section 39.01 define?

Abuse, abandonment, and neglect

Abuse

Any willful or threatened act resulting in physical, mental, or sexual injury

Abandonment

Occurs when a caregiver, while able, makes no significant contribution to a child’s care or fails to maintain a substantial and positive relationship

Neglect

When a child is deprived of food, clothing, shelter, or medical treatment, or lives in an environment that causes their health to be significantly impaired

Shelter hearing

Held within 24 hours of a child’s removal to determine if DCF had probable cause to take the child

Case plan

A list of requirements for parents to achieve reunification, which must typically be completed within one year

What does the termination of parental rights require?

Clear and convincing evidence:

-of the statutory ground for termination

-that the termination is in the manifest best interests of teh child

-that the termination is the least restrictive means of protecting the child from serious harms

Rule 8.060

Discovery- The child may elect to participate in discovery; the state must then disclose all witnesses and evidence within 5 days (compared to 15 days for adults)

Rule 8.085

Motions- Governs motions to suppress (constitutional issues) and motions to dismiss

Rule 8.090

Speedy trial- The state must bring the child to trial within 90 days for both misdemeanors and felonies

Rule 8.095

Competency- Sets the procedure for evaluating a child’s mental state to stand trial

Kaia Rolle Act

Prevents the arrest or charging of a child under seven years old unless they commit a forcible felony.

Section 776.08

Forcible felonies- includes murder, carjacking, and robbery; children as young as seven can be arrested for these

Section 985.557

Direct File- Governs when a juvenile can be transferred and prosecuted in adult court

Section 921.1401/1402

Mandates individualized sentencing for juveniles facing life imprisonment and provides for sentence reviews after 15, 20, or 25 years

Santosky v. Kramer (1982)

Established that parents have a fundamental liberty interest in their children, mandating the clear and convincing evidence standard for TPR

J.B. v. DCF (2015)

Created a mechanism for parents to claim ineffective assistance of counsel in TPR cases

Roper v. Simmons (2005)

Prohibits the death penalty for crimes committed while under the age of 18

Graham v. Florida (2010)

Prohibits life without parole for juveniles convicted of non-homicide offenses

Miller v. Alabama (2012)

Prohibits mandatory life without parole for juvenile homicide offenders; the court must consider the "attendant circumstances of youth"

G.K. v. DCF (2026)

Confirmed that voluntary surrender provides an independent basis for TPR and waives challenges to reunification effort

In re Gault

The 1967 Supreme Court case ensuring juveniles have due process rights, including notice of charges and right to counsel

What does “taken into custody” mean?

It means the child has been arrested

What will a child be taken into custody for?

• Circuit order based on sworn statements

• Delinquent act or violation of law pursuant to a lawful arrest

• Failure to appear in court

• Probable cause for a violation of probation, non-secure detention post commitment probation, conditional release, absconding or escape

If a juvenile is taken into custody with an adult, can they be placed in the same cop car?

Yes only if they are suspected of the same offense

What is a custody order?

A warrant

Juvenile detention hearing

First appearance

Judgment of dismissal

Judgment of acquittal

Adjudicated delinquent

Found guilty

Admit

guilty

Deny

not guilty

Contest

no contest

How soon must a juvenile be arraigned?

If petition is filed while the child is detained, they must be arraigned within 48 hours

How long can a juvenile be held in secure detention before their trial?

No more than 21 days before their trial

Can be extended another 21 days for serious felonies

What is the standard of proof for Termination of Parental rights?

Clear and convincing evidence

What is the three prong test for TPR?

The state must prove:

• a statutory ground

• termination is in the best interest of the child

• termination is the least restrictive means of protecting child from serious harm

Atkins v. Virginia

Prohibits execution of the intellectually disabled

What are the Big Four rules of evidence?

Section 90.401

Section 90.402

Section 90.403

Section 90.404

90.401

Relevant evidence is evidence which tends to prove or disprove a material fact

90.402

Establishes that all relevant evidence is admissible unless prohibited by law

90.403

Relevant evidence is inadmissible if its probative value is substantially outweighed by the danger of unfair prejudice, confusion, or misleading the jury.

90.404

Character evidence is admissible to show motive, intent, or plan or if its evidence of a pertinent trait of character offered by accused or by prosecution for rebuttal

When must a state finish discovery for a juvenile delinquency case?

The state must disclose all witnesses and evidence within 5 days

Section 776.032

a person using justifiable force is immune from prosecution and entitled to a pre-trial immunity hearing

Fundamental Liberty Interest

The protected right of parents to the care, custody and management of their children

M.A.R. v. State

When prosecuting juveniles as adults, the State must strictly comply with statutory requirements governing direct file and transfer.