Juvenile Court Administration: Diversion and Informal Processing

Abstract

The mission and goals of the juvenile court have not changed significantly during the more than 120 years since the first juvenile court was created. The mission and focus of the juvenile courts continue to be on parens patriae, that is, the court is considered a parent substitute for those children in trouble and in need of guidance and service. The jurisdiction of the juvenile court continues to include children “at fault,” those who violate the criminal law, and those who commit acts that are violations of laws that apply only to children and children who are not “at fault,” referred to as endangered children, who are in need of the court’s guidance and assistance. There have been significant changes in the procedures followed in the processing of youth in the courts. In addition, juveniles charged with delinquent offenses are now guaranteed most of the same due process rights as adults charged with criminal offenses. These include the right to be represented by an attorney, to remain silent, and to cross-examine witnesses.

A large percentage of the youth who have come to the attention of the police and other agencies, such as the school, by committing either delinquent or status offenses are totally diverted away from juvenile court processing. Approximately one-half of all of the juveniles referred to the juvenile courts in the United States are partially diverted, that is, the juveniles are informally (non-judicially) processed. These partially diverted youths are supervised and given guidance in programs operated by community agencies or juvenile courts.