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The terminology used
in juvenile court proceedings is different than it is for adult court
proceedings:
Law enforcement does
not arrest juveniles; they take them into
custody. Juveniles
are not charged with crimes; they are alleged to be delinquent
through a petition to the court. Juveniles are not
jailed;
they are placed in juvenile detention. A juvenile alleged to be
delinquent is a respondent; not a
defendant. There is no
conviction in the juvenile system; there is
adjudication. The
decision as to how to treat a juvenile adjudicated delinquent is called
disposition, not a
sentencing. Juveniles are not sentenced to
prison; they are committed to juvenile corrections. They are not
placed on probation, but are under
supervision. They are not
paroled, they are placed on
aftercare.
Custody Intake
is the procedure on deciding whether to hold a juvenile pending court. A
juvenile can be detained (held) in secure or a non-secure (shelter-
care) setting. Court Intake is the interview process by a social
worker on a child that has not had a petition filed in court.
A
juvenile
means a person who is less than 18 years of age, except for the purposes of
investigating or prosecuting a person who is alleged to have violated a
state or federal criminal law, or any civil law or municipal ordinance,
“juvenile” does not include a person who has attained 17 years of age.
A
delinquent
means a juvenile who is 10 years of age or older who has violated any state
or federal criminal law. In Wisconsin, a juvenile age 17 and older is
considered an adult on criminal charges.
JIPS (Juvenile in
Need of Protection and Services) refers to a child under age 10, who has
committed a delinquent act or non-criminal youth such as
Truancy,
Runaways, Uncontrollable or Incompetent.
Under 118.15 Wisconsin
Statutes
habitual truant means a pupil who is absent from school without an
acceptable excuse under sub. (4), and 118.15 for part or all of 5 or more
days on which school is held during a school semester.
Truancy means
any absence of part or all of one or more days from school during which the
school attendance officer, principal or teacher has not been notified of the
legal cause of such absence by the parent or guardian of the absent pupil,
and also means intermittent attendance carried on for the purpose of
defeating the intent of s. 118.15. Youth may be referred to the Department
of Human Services – Juvenile Justice Unit by his/her school for truancy
under JIPS.
JIPS
runaway
means a youth who is habitually truant from home and either the juvenile or
a parent, guardian or relative in whose home the juvenile resides signs the
petition requesting jurisdiction and attests in court that reconciliation
efforts have been attempted and have failed.
JIPS
uncontrollable
means a parent or guardian can sign a petition requesting jurisdiction under
this subsection and is unable or is in need of assistance to control
the juvenile.
A youth can fall under
JIPS jurisdiction who has been determined not to be responsible for a
delinquent act by reason of mental disease or defect, or who has been
determined not to be competent to proceed.
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