SERVICES OF JUVENILE COURT

How Can We Help You?

Click YES/NO to explain the process and what will happen next.

1) Was your son or daughter physically arrested? YES NO

2) If my child was detained, are there Court hearings? YES NO

3) Are there visitation requirements? YES

4) What about legal representation? YES

5) Are there common Criminal Court hearings? YES

6) Are there any legal negotiations or plea bargaining? YES

7) Are there any financial obligations if my child is detained? YES

8) Are there any requirements if my child is released from Detention? YES

9) Do I have any obligations while my child waits for their Court hearing? YES

10) Are there ever restrictions/obligation after a Court hearing? YES

11) Can my child be detained for a long time? YES

N O

1) Out-of-Custody Juveniles

A law enforcement officer may submit a report to the prosecutor for a charging decision without taking a juvenile into custody. If the prosecutor decides to file charges, a NOTICE and SUMMONS will be mailed to the parents or guardian of the juvenile. A 'Notice and Summons' directs the parents to appear with the juvenile on a given day for an arraignment. A copy of the formal charges is included. If the juvenile fails to appear on the specified date, an arrest warrant will be issued. If the charge is minor in nature, the juvenile's case may be referred to the Diversion unit. Notification of receiving the referral is sent out by the Diversion unit shortly after reviewing charges for acceptance.

YES

1) Arrest

When arrested for a criminal act, a juvenile is referred to the Pierce County Juvenile Court. An arrest is made when a law enforcement officer has reason to believe that a crime has been committed and a specific individual was involved in that crime (PROBABLE CAUSE). Following the arrest, the juvenile may be entered into detention at Remann Hall. It is important to note that at the time of the juvenile's arrest and entry into detention, the juvenile has not yet been charged with a crime. The agency responsible for filing criminal charges is the Prosecuting Attorney's Office. If the juvenile is not detained at Remann Hall, see the section marked 'Out-Of-Custody Juveniles.'

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YES

2) 24-Hour Hearing

A detained juvenile must appear before a judge the next available court date to determine whether probable cause existed for the arrest. If probable cause does not exist, the court must release the juvenile.

2) Unless the juvenile is being detained as part of a sentence, a court hearing is always required to hold someone.

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YES

3) Visitation? see DETENTION RULES AND INFORMATION

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YES

4) Legal Representation: As in all legal matters, the assistance of a professional attorney is strongly suggested but not required. Legal representation/assistance is available through the Department of Assigned Counsel. Prior to arraignments, a screening is conducted of the parent/child by Pre-Trial Services to determine if eligible for free representation.

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YES

5) Common Delinquency/Criminal Hearings

72-Hour Hearing

The prosecuting attorney screens the arresting officer's report and decides whether or not to file charges. Charges must be filed within 72 hours of the juvenile's arrest and entry into detention. This 72-hour period does not include weekends and holidays and does not apply to juveniles who are not detained. If charges are not filed within that timeframe, the juvenile must be released. The prosecutor will use the procedures under 'Out-Of-Custody Juveniles' if charges are filed later than the 72-hour period. The prosecutor attempts to have the 72-hour hearing and arraignment, if any, on the same day.

Detention Review

At any time prior to the scheduling conference or trial, the parent, probation officer, and/or defense attorney can request a detention review hearing. At this hearing, the court determines whether any changes that would warrant release have occurred in the status of the case since the court's last order of detention.

Arraignment

An arraignment must be held within 72 hours of charges being filed excluding weekends and holidays. At an arraignment, formal charges are read and the juvenile pleads either guilty or not guilty. The juvenile is represented by a court-appointed attorney unless the parent has hired a private attorney.

If the juvenile pleads guilty, a disposition hearing (sentencing) is scheduled. If a plea of not guilty is given, the court sets a scheduling conference within two weeks of the arraignment. If the juvenile is detained, the scheduling conference is set within one week.

The court next determines whether the juvenile will be held in detention or released pending future court hearings. Factors affecting a juvenile's detention include the serious nature of the current criminal charges, prior offense history, level of threat to the community, and the juvenile's likelihood of appearing at future court hearings. At the arraignment, court personnel provide information pertaining to the juvenile's life style, delinquent history, prior court involvement and the current crime to the court. The prosecutor, defense attorney, the juvenile's probation officer and the child's parents or guardian makes recommendations regarding detention or release.

Trial

At a trial, the judge hears all the evidence and applies the law in deciding whether or not a juvenile had committed an offense. If found not guilty, the juvenile has no further obligation to the court for that particular charge. The juvenile cannot be charged again for that offense. If the juvenile is found guilty, a disposition hearing is scheduled.

Disposition Hearing (Sentencing)

A disposition hearing establishes consequences for the juvenile's criminal behavior. Sentences for juveniles are based upon the seriousness of the current offense and prior offense history (STANDARD RANGE). At the time of disposition, the court will either place the juvenile on community supervision (probation) or sentence the juvenile to a specified period of confinement within the Juvenile Rehabilitation Administration (JRA) (a state institution).

At the disposition hearing, the probation officer provides a written report to the court containing information gained from interviews with the juvenile and parents. Recommendations regarding the juvenile's disposition are made by the prosecutor, defense attorney, and the probation officer. The court, in determining the most appropriate sentence, also takes information provided by the parents into consideration. The court may also hear from the victim of the crime if present at the hearing or by letter.

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YES

6) Scheduling Conference

A scheduling conference is a meeting between the juvenile's attorney and the prosecuting attorney to discuss legal and factual issues of the case. Plea negotiation information is exchanged and resolutions are discussed. The defense attorney will then discuss this information with the juvenile, who must be present for the scheduling conference. A decision is then made to either enter a plea of guilty or schedule the matter for trial.

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YES

7) Detention Fees

Pursuant to RCW 13.16.085. parent(s) or legal guardian(s) of a minor child may be held responsible for reimbursement of secure detention costs. The current billing rate is set at $125.00 per each day the child is detained. Parents or legal guardians may qualify for a detention fee rate reduction. Financial information and fees reduction applications are made available by Pierce County Juvenile Court at the time of a young person's release/court appearance.

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YES

8) Pretrial Release Conditions

When a juvenile is released from detention, the court sets conditions of release, which the juvenile must follow. House arrest, one of the more restrictive conditions, requires 24-hour supervision of the juvenile by the parent or guardian until the charges are resolved. The parent or another court-approved adult must supervise the juvenile at all time. The court may order exceptions to house arrest, such as school and /or employment. The juvenile must return home directly after school or work and cannot leave the home again without the parent or supervising adult.

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YES

9) Parental Responsibility During Pretrial Release

If a juvenile violates any condition of the pretrial order, the parent or guardian must immediately report the violation to the probation officer, who either schedules the matter for a court hearing or requests a bench warrant. If the court finds that any condition of the order has been violated, the court may order the juvenile's detention pending trial or disposition.

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YES

10) Community Supervision (Probation)

The court has the authority to place a juvenile on community supervision for up to one year for each offense. While under the supervision of the court, the juvenile is required to meet certain conditions, including (but not limited to) curfew, fines, community service, association restrictions, regular school attendance, counseling, and regular contact with the probation officer. If the juvenile violates any condition of community supervision, the parent (guardian) must immediately report the violation to the probation officer who may handle the violation informally, schedule the matter for court, or request a bench warrant. If found to have violated any condition of community supervision, the court may order the juvenile to serve up to 30 days in detention for each violation.

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YES

11) Commitment

Under certain legal circumstances, the court has the authority to commit a juvenile to the Juvenile Rehabilitation Administration (JRA) for any length of time up to the age of 21. The court sets the maximum amount of time the juvenile will serve. During the period of confinement, the juvenile will be placed in a state institution or group home. The juvenile's placement is determined by the Juvenile Rehabilitation Administration, not the court. Following the juvenile's release from the institution/group home, parole services are provided for a specified period of time.

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