MY CHILD VIOLATED THE LAW. WHAT WILL HAPPEN NOW?
It is up to law enforcement to investigate the allegation. If they determine a charge should be filed, they
will turn over the police report to the Prosecutor's Office. The Prosecutor’s Office will determine whether to file charges or not.
WHAT HAPPENS WHEN FORMAL CHARGES ARE FILED?
If formal charges are filed, the juvenile and parents/guardians will be summoned to appear in court for an arraignment. Prior to attending this hearing, the juvenile and parents/guardians will need to meet with the intake
officer at the Juvenile Probation Department to review the juvenile’s rights and go over the procedure of the hearing.
WHAT IF THE POLICE TAKE MY CHILD TO DETENTION?
If your child is taken to detention, he/she will have a detention/arraignment hearing in court the following work
day at 10:30a.m. Parents/Guardians will need to report to the Juvenile Probation Department at 9:30a.m to meet with the intake officer.
WHAT SHOULD I EXPECT AT THE ARRAIGNMENT HEARING?
The judge will explain the charges against the juvenile and the possible consequences of the alleged charges.
In addition, the judge will explain your options; admit to the charges, deny the charges and/or ask for an attorney. If you admit the charges, the case will likely be scheduled for a sentencing hearing and the Probation Department will be asked to write a social history report for the Court. If you deny the charges or ask for an attorney, the case will likely be scheduled for a Pre-trial Hearing and Evidentiary Hearing.
WHAT IF I CANNOT AFFORD AN ATTORNEY?
If you cannot afford your own attorney, the Court may appoint the Public Defender to represent your child. The Court will ask some financial questions to determine if the appointment is appropriate. You may be ordered to repay the County for the service.
WHAT IS A STATUS OFFENSE?
A status offense is an offense that would not be illegal if committed by an adult; such as truancy, runaway or curfew.
WHAT IS A DIVERSION?
A diversion is when a charge is diverted from court. Diversions are handled by the Police Department,
Youth Court, Community Diversion Board or the Probation Department. This is an opportunity for your child to be held accountable for
his/her offense without formal charges.
WHAT IS AN INFORMAL ADJUSTMENT?
An informal adjustment is when a juvenile is placed on informal probation with specific terms and
conditions. If those terms and conditions are successfully completed, the case may be dismissed.
WHAT IS PROBATION?
Probation is when the juvenile is placed on formal probation with terms and conditions given by the
Court. It is the probation officer’s role to ensure the terms and conditions are completed by assisting the
juvenile in accessing services, by holding the juvenile accountable and by communicating to the Court whether the juvenile has
completed the terms of his/her probation. A juvenile can be placed on probation for no longer than three years from the date of
the sentencing and no longer than the juvenile’s 21st birthday for sexual offenses.
WHAT IS A FOURTH AMENDMENT WAIVER?
A Fourth Amendment Waiver is when the Court waives the juvenile’s right to be searched (person,
residence, vehicle or property) at the request of a probation officer and/or law enforcement officer.
WHAT IS DISCRETIONARY DETENTION TIME?
In order to provide prompt and short term consequences for violations of probation the Court may
order some discretionary detention days. These detention days are available for the probation officer to impose
in lieu of requesting a formal probation violation.
HOW OFTEN WILL I MEET WITH MY PROBATION OFFICER AND WHERE?
The frequency of times the juvenile and parents/guardians will meet with their probation officer will
depend on the juveniles risk to the community and compliance with probation. Contacts could be bi-monthly or
up to five times per week as needed. These visits will occur most often within your home. Other visits may be held at
school, juvenile probation, treatment provider’s offices or other places the juvenile may spend time.
WILL MY CASE BE KEPT CONFIDENTIAL?
Juvenile Court hearings and court records are open to the public for juveniles 14 years of age or older,
unless the Court closes the case to the public under special circumstances. Prior to any Juvenile Probation records
being released, a release of information shall be signed by the parent/guardian or by the juvenile, if over 18 years of
age. Juvenile Probation records may be released for the purpose of treatment, supervision, transferring from one
county to another, or if requested by the Court or attorneys.
WHO PAYS FOR MY CHILD’S TREATMENT?
Ultimately, it is the parent’s responsibility to pay for their child’s treatment. However, juvenile probation
does provide some classes and programs free of cost with the expectation that the parent/guardian will provide
transportation. In addition, families are referred to other agencies that can provide assistance such as Medicaid,
Children’s Mental Health and other community agencies. Other treatment or services the child may need that are not
covered through probation or other agencies, or if the parent wishes to choose their own provider; are at the
expense of the parent/guardian.
WHAT IS A RULE 19 SCREENING?
The Juvenile Correction Act requires for a screening team to be convened prior to a juvenile being committed to the
Idaho Department of Juvenile Corrections (IDJC). The purpose of the screening team is to make recommendations to the
Court as to whether or not it is in the best interest of your child and the community for your child to be committed to IDJC.
It is required for representatives from county probation, IDJC and Idaho Department of Health and Welfare (IDHW) to be
present as part of the screening team. Attendee’s for the screening team may also consist of attorneys, local school representatives,
private providers working with your child or anyone else that the Court or screening team deems appropriate.
WHAT HAPPENS IF MY CHILD IS COMMITTED TO THE IDAHO DEPARTMENT OF JUVENILE CORRECTIONS?
If your child is committed to the Idaho Department of Juvenile Corrections, he/she will be transported to IDJC’s Observation
and Assessment Center in Nampa. Your child will be evaluated to determine the most appropriate placement. Parents/guardians are required to participate throughout the child’s placement by participating in monthly staffing meetings along with County Juvenile Probation. In addition, parents/guardians will participate with the treatment team to prepare aftercare plans for when the juvenile is released back into the community.
WHAT IS A 20-511A ORDER?
When a 20-511A is ordered by the Court, the Department of Health and Welfare completes a mental health assessment. A
screening team is convened to prepare a case plan to present to the Court. The screening team consists of members from County Probation, Children’s Mental Health, Child Protection, Department of Juvenile Corrections, school officials, treatment providers, parents and anyone as designated by the Court. Each case is staffed monthly for the first 90 days and then every 90 days thereafter or as needed.
WHAT IS AN 18-211 ORDER?
The Court may order an 18-211 if it is suspected the juvenile may not be competent to understand the
court proceedings either by mental illness or intellectual deficits. The Court will request a qualified psychiatrist or psychologist examine the juvenile to determine if the juvenile is competent. The Court may order the juvenile to be confined during this process, if necessary.
HOW CAN I EXPUNGE MY RECORD?
If a juvenile has been placed on probation, the juvenile can request their record be expunged under the following conditions:
(1) It has been five years since the case was terminated from juvenile court; (2) it has been five years since the juvenile was released from the juvenile corrections center; or (3) the juvenile has turned 18 years of age, whichever comes last. Expungement requires a hearing to be set in front of the Court.
HOW CAN A MINOR EMANCIPATE IN IDAHO?
Idaho does not have an emancipation statute. The only way a minor can emancipate in the state of Idaho is through marriage.