| Frequently
Asked Questions (FAQ) |
 |
|
|
How can my child become involved with Juvenile
Court? |
|
Can my child quit school when they turn 16? |
|
What can I do if my child is out of my control? |
|
What does it take to become an emancipated minor? |
|
If I suspect that my child is using illegal drugs
what can I do to get them tested? |
|
Am I responsible for my child after they turn
seventeen years old? |
|
Are juvenile records always "sealed" and who
would have access to them? |
|
How can a Juvenile record effect a person after
they become an adult? |
|
My child received a notice of hearing for
preliminary hearing, what can we expect? |
|
What if I can't afford an attorney? |
|
Where do I report child abuse or neglect? |
|
| Q. |
How can my child become involved with the Juvenile
Court? |
| A. |
If your child is under 17 years of age and commits what would
be a crime for an adult, your child could be referred to the
Juvenile Court. These are status offenses and are not a crime
but still the youth must be accountable for these actions. If your child fails to attend school, runs
away from home or fails to obey a parent's reasonable rules
and instructions either the parent or the schools can refer
the juvenile to the Court. |
| |
back
to top |
| Q. |
Can my child quit school when they turn 16? |
| A. |
As a parent you have every right to require your children
attend school until they are 18 years old. The State of
Michigan's compulsory education law however only requires
children to be in school until they are 16. |
| |
back
to top |
| Q. |
What can I do if my child is out of my control? |
| A. |
Most children are not born out of control, their behaviors
are usually reflective of family problems or parenting
deficiencies. There are a number of
private counselors and therapists available in the community
who can address the family and individual causes and
resulting behaviors. Medical doctors can also be consulted
about the reasons for abnormal behavior. Anytime a juvenile is acting "out of
control" substance abuse cannot be ruled out. Obtaining a
substance abuse assessment from a local agency dealing with
these issues is strongly recommended.
|
| |
back
to top |
| Q. |
What does it take to become an emancipated
minor? |
| A. |
A minor is emancipated by law if:
a) The child is lawfully married.
b) The child turns 18 years of age.
c) The child is on active duty in the military.
d) A Court orders emancipation.
The Probate Court, is the place to file a petition seeking emancipation.
However you must realize, in order
to have an order issued, the Court must be persuaded that it
is in the best interests of the child, that the child is at
least 16, and that the child can manage their financial
affairs and support themselves. The minor also has to
demonstrate to the Court that they have a suitable place to
stay. |
| |
back
to top |
| Q. |
If I suspect that my child is using illegal
drugs what can I do to get them tested? |
| A. |
There is no place to get children tested for free in St.
Joseph County but a parent can go to a local substance abuse
treatment agency and pay for a drug test or maybe your
doctor can help. |
| |
back
to top |
| Q. |
Am I responsible for my child after they turn
seventeen years old? |
| A. |
Yes. Although in Michigan a juvenile is treated as an adult
in the criminal courts at seventeen, the age of maturity is
eighteen. Parents can be charged with neglect and abuse of
seventeen year olds and even help be responsible for the
cost of their care. |
| |
back
to top |
|
Q. |
Are juvenile records always "sealed" and who
would have access to them? |
|
A. |
Juvenile Court records consist of a public "legal" file and
a private "confidential" file. By law all court notices,
petitions and orders are public records unless a judge
determines otherwise. Reports, evaluations, home studies,
etc are not public records and are kept in a confidential
file which is only open to the parties of the case. |
|
|
back to top |
|
Q. |
How can a Juvenile record effect a person after
they become an adult? |
|
A. |
Juvenile offense convictions can be used to enhance adult
sentences. Convicted juvenile sex offenders have to register
the same as adult offenders. Juvenile delinquency records exist until the juvenile
turns thirty years old. Often employers on job applications,
colleges on college applications and the military want to
know about juvenile records which may disqualify a person
from employment, education or military service. |
|
back to top |
|
|
Q. |
My child received a notice to come to
Juvenile Court. What can we expect? |
|
A. |
If the notice is for a preliminary hearing, there are three decisions that are required to be made
in a delinquency matter. First, is there "probably cause" to
be believe that a crime was committed? Second, is there
"probably cause" to believe that the accused juvenile
committed that offense? Third, based upon the seriousness of
the crime, any threat to the community that the juvenile
might pose and the parents ability to control the juvenile's
behavior, whether the juvenile needs to be removed from
parental care and custody and detained. At any preliminary
hearing the juvenile and their parents will be completely
advised of the juvenile's due process rights including the
right to an attorney and a trial. |
|
back to top |
|
|
|
Q. |
What if I can't afford an attorney? |
|
A. |
The parent of a juvenile or the juvenile can always ask the
court for a court appointed attorney. You can expect,
however, to be asked to fill out a financial disclosure
document and pay back the cost of the attorney as you are
able. |
|
|
back to top |
|
|
Q. |
Where do I report child abuse or
neglect? |
|
A. |
If you have reason to suspect that a child under the age of
eighteen is suffering from abuse or neglect you should
immediately contact Children's Protective Services at (269)
467-1250. There will be a person available to take your call
24 hours a day. |
|
|
back to top |
|
