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Frequently Asked Questions
FAQs about Court Services
My child was involved in a law violation. What will happen to him/her?
What is a status offense?
What if formal charges are filed?
Who is the Court Resource Officer?
What is diversion?
What is probation?
What are probation terms?
Who is a probation officer?
What is a parent contract?
What is a Fourth Amendment waiver?
How does a juvenile get started in programs or treatment?
What is a drug/alcohol assessment?
What are the payment options for court fees?
Are juvenile cases confidential?
Can a juvenile record be sealed (expunged)?
FAQs about Victim Services
I am the victim of a juvenile offender. Who can I talk to about my case and options?
What are the rights of a victim of misdemeanor crime?
What are the rights of a victim of felony crime?
What information may a victim know about the juvenile offender?
What hearings may a victim attend?
What is restitution?
What is mediation?
What is a Victim Impact Statement?
Are counseling resources available for a victim of juvenile crime?
FAQs about Detention Services
See Informational Pamphlet for Ada County Juvenile Court Services Detention Center (pdf)
My child was involved in a law violation. What will happen to him/her?
If your child has been involved in a law violation, it is up to a law enforcement agency to investigate. If they find probable cause that a crime was committed, they will forward their police report to the Prosecuting Attorney.
What is a status offense?
A status offense is a misbehavior that would not be a violation of law if committed by an adult but is an offense when committed by a minor because of their age. Examples of status offenses include truancy, runaway, beyond control, and curfew.
What if formal charges are filed?
If formal charges are filed (petition), the juvenile and his/her parent/guardian will be summoned to appear in Juvenile Court for an Admit/Deny Hearing. At this hearing, the Judge will explain all pending charges and legal options to the juvenile. The juvenile can admit to the charges, or deny the charges and request a Public Defender for legal assistance. If they admit to the charges, the Judge may hand down his sentence at that time, or s/he may set a Sentencing Hearing for a later date. If the juvenile requests a lawyer, the case will be scheduled for a Pretrial Conference and Evidentiary Hearing (trial).
Who is the Court Resource Officer?
The Court Resource Officer assists the Court during Admit/Deny and Sentencing hearings by filling out paperwork, coordinating community resources, and explaining court orders. They also meet with juvenile offenders and their parents if a sentence is handed down at the Admit/Deny Hearing to explain the Court Order and refer the offender to programming or classes they have been ordered to attend.
What is diversion?
Diversion is a voluntary program that offers juveniles an opportunity to resolve a filed police report without appearing in court. The Prosecuting Attorney may refer juveniles to the diversion program, especially if their crimes are minor offenses and they are first time offenders. Participants are held accountable to the victim and community and learn skills to help them make better choices.
What is probation?
Probation is the release into the community of a juvenile who has been found guilty of a crime, typically under certain conditions such as paying a fine, doing community service, or attending a drug treatment program. The Judge can place a juvenile offender on probation for a time period not to exceed three years, and order one of two types of probation:
Informal Adjustment – A type of probation that allows for all charges to be dismissed after successful completion of all probation terms. This includes full payment of restitution and court fees as well as no further law violations.
Formal Probation – A type of probation where charges will not be dismissed once probation conditions are completed. They will remain on the juvenile record.
What are probation terms?
Probation terms are court requirements that a juvenile must follow in order to prevent further court action. The Balanced Approach is the judicial philosophy guiding ACJCS, and the Court believes that the community should be protected, that offenders be held accountable to the victim and community for their actions, and that they learn different and more appropriate behaviors. Therefore, probation terms may include the following: detention or detention alternatives, community service, substance abuse testing (urinalysis), participation in programs held at ACJCS or in the community, restitution, letter of apology to the victim, mediation, and payment of fees. Parents are liable along with the juvenile to pay all restitution and court fees. The Judge may also order parents into counseling and parenting programs if s/he feels it would be beneficial.
Who is a probation officer?
A probation officer is the court officer assigned to supervise a juvenile's case. Probation officers from our Court Investigation Unit work with juveniles who have received formal charges and entered an admission or been found guilty, but have not yet been sentenced. They conduct a Social History Interview with the juvenile and their family to develop a written report for the Prosecuting Attorney, Defense Attorney, and Judge that will assist them in determining an appropriate sentence for the crimes. The Court Investigator will also help families understand the court process.
A probation officer from our Field Probation Unit will be assigned to a case after sentencing (within 2 weeks), and will call the juvenile and their parent to schedule an initial appointment. The responsibilities of Field Officers include monitoring of and assisting in the compliance of court-ordered probation terms. Monitoring may include home, school, and office visits as well as urinalysis testing and referrals for treatment programs and services that are available in the Court and community. The number of times a juvenile meets with their probation officer after the initial visit depends on the risk to the community and compliance with probation terms, and can range anywhere from daily to monthly contact.
What is a parent contract?
Any time a juvenile is placed on probation, the court may require a parent or guardian to comply with specific conditions. The juvenile’s probation officer is required to monitor parent compliance. Failure to comply with the Court’s conditions may result in an Order to Show Cause (OSC) hearing. If a parent admits to the OSC petition or is found guilty, they may be sentenced to serve up to 5 days in jail and/or a $1,000 fine.
What is a Fourth Amendment waiver?
A Fourth Amendment waiver is when a juvenile’s Fourth Amendment rights are waived for the purpose of search and seizure. There are two types of Fourth Amendment waiver:
Partial – allows random testing for drug and alcohol use; or
Complete – allows random testing for drug and alcohol use, and search and seizure of your person or property.
How does a juvenile get started in programs or treatment?
A representative from any program, assessment, counseling, or treatment service offered by ACJCS will contact the juvenile once a program referral has been made by the Court or probation officer. One exception to this is our Community Service Program. If community service is ordered in court, an orientation date will be set at this time. The juvenile will be required to attend this orientation with a parent or guardian.
Any programs, assessments, or treatment outside of ACJCS will require the family to make arrangements. The assigned probation officer may be able to assist the family with these community resources.
What is a drug/alcohol assessment?
A drug/alcohol assessment is a tool used by substance abuse treatment programs to determine the treatment needs of an individual. If a juvenile is ordered to complete this assessment through ACJCS, a referral will be made and a counselor will contact the family to schedule an appointment. If an outside agency is used, the family will need to contact the agency to set up an assessment.
What are the payment options for court fees?
There are two options for payment of court fees.
- Pay all fees and restitution prior to leaving the court building after sentencing or upon receipt of the financial bill.
- Fill out a Financial Packet and return this to ACJCS within 2 weeks of the sentencing date. This information will be used to determine a monthly payment amount.
Are juvenile cases confidential?
If formal charges have been filed and the juvenile is 14 years of age or older, their file and court hearings are open to the public unless the Judge deems special circumstances exist to keep the case closed. All schools are informed twice a year of juveniles who have been placed on probation and are attending their school.
Can a juvenile record be sealed (expunged)?
If a juvenile has been placed on probation, they can request expungement of their record. Expungement requires a special hearing in front of the Court and is only considered if: (1) it has been 5 years since the juvenile's case was terminated from Juvenile Court; (2) it has been 5 years since the offender was released from the State Juvenile Corrections Center; or (3) the juvenile has reached age 18, whichever comes last. Expungement will not be considered if the offender committed specific crimes as a juvenile or an act of violence thereafter.
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I am the victim of a juvenile offender. Who can I talk to about my case and options?
Within one week of receiving a police report, a Victim Advocate from our department will contact victims named in the report, usually via letter. Our Advocates acknowledge the harm done to victims, give them an opportunity to state how they have been impacted by the crimes, and ask what they would like to see done to hold the juvenile offender accountable.
What are the rights of a victim of misdemeanor crime?
In the state of Idaho, a victim of misdemeanor crime has limited rights. However, Victim Advocates can greatly assist victims throughout the court process by presenting opportunities for victims to be heard, notifying them about case progress, and communicating their interests to the court.
What are the rights of a victim of felony crime?
There are many rights for victims of felony crime. See http://www2.state.id.us/ag/manuals/victimsrights.pdf for more information.
What information may a victim know about the juvenile offender?
Victim Advocates may not be able to share much information about juvenile offenders unless given specific permission by the juvenile or their parent/legal guardian. Information is usually limited to the juvenile’s name, dates and outcomes of related court hearings, and the results of any conditions issued by the court. Requests for additional information should be directed to the judge or police department that filed the report.
What hearings may a victim attend?
Any and all hearings.
What is restitution?
Restitution is a sum of money paid in compensation for loss or injury. Victims who have suffered a financial loss due to their victimization can submit a claim to the Victim Impact Program. Restitution can be arranged through diversion, mediation, or the formal court process once the juvenile has admitted guilt or been found guilty of their crime. However, it may take months for restitution to be ordered if there are competency hearings, multiple prosecutable offenses, multiple victims, or unsubstantiated claims.
Defendants ordered to pay restitution usually do so in monthly increments. Payments are made directly to Juvenile Court, where they enter the court’s trust fund for disbursement to victims. Unfortunately, there may be cases where restitution is not ordered. In these cases, victims may choose to retain a private attorney and pursue restitution in civil court.
What is mediation?
Mediation is a voluntary process that brings together the victim and offender to address the personal nature of the offense. It gives both parties an opportunity to participate in the reparation process and decide how restitution should be made. Our Victim Impact Program conducts several models of mediation including Victim-Offender meetings, Parent-Child mediation, Shuttle mediation, and Community Group Conferencing.
What is a Victim Impact Statement?
A Victim Impact Statement (VIS) is written statement that allows a victim to express what happened, how it affected them, and what they would like done to be restored. A VIS informs our Victim Advocates of other services that the victim would like to receive, such as notification of hearings, mediation, or a Letter of Apology from the juvenile. It also tells the Judge and Prosecuting Attorney what consequences the victim would like issued for the juvenile offender. A VIS is the best way for a victim to initiate active involvement the court process.
Are counseling resources available for a victim of juvenile crime?
Victim Advocates have a list of counseling services that can be obtained outside of ACJCS. This list is available upon request and includes community resources that accept fees based on a sliding pay scale.
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