If the youth is in detention, the trial should be scheduled no more than 10 business days from the detention hearing. If the youth is not in detention, the trial should be scheduled no more than 20 business days from the initial hearing. In both instances, the trial should be scheduled for a sufficient amount of consecutive time to complete the trial.

Some cases may necessitate a longer period of preparation between the detention or initial hearing and the trial. Examples of situations that may need more time include cases with complex discovery issues, when laboratory tests are needed to determine illegal substances or to determine if a bullet came from a specific gun, or when a victim is hospitalized due to injuries from the alleged offense. The juvenile justice court judge should carefully review the reasons for requests to set trial dates beyond the recommended timelines. The juvenile justice court judge must ensure that the reasons for the request are valid and not because the juvenile justice system has failed to design and implement achievable expeditious processes. When additional time is requested because of process steps rather than on waiting for assessments or other information gathering, and prosecutor and counsel workloads are reasonable, an extension is probably necessary, but judges should be aware of the process time and any inefficiency. If there are repeated trial delays due to system inefficiencies, judicial leadership will be required to improve efficiency. Data on the delayed cases should be collected and analyzed to determine the causes of the delays and the juvenile justice court judge should convene representatives from each involved system to look for solutions that will eliminate the delays. Analyzing data on cases that proceed without delays can help identify solutions.

In order for the prosecutor and youth’s counsel to meet these recommended timelines and exercise due diligence in preparing for the proceeding, both must have been involved in case preparation since before the detention or initial hearing. Consequently, they have had sufficient time to learn about the youth and the case. At the time the petition was filed, the prosecutor identified the key trial witnesses and was able to predict within a two-week period, when the case would probably be set for trial. This predictive ability enabled the prosecutor to alert potential witnesses to when they might be needed and determined how to work with witness schedules. Since counsel for the youth was appointed prior to the first hearing, counsel has also had time to assess trial strategy. Counsel for the youth alerted potential witnesses and determined scheduling conflicts. When the prosecutor and counsel are appointed in this manner, they have between two and six weeks, depending on whether the youth is detained, to prepare for trial. With the exceptions previously noted, this should provide sufficient time to meet this recommended timeline in most cases.

A case should not go to trial in the juvenile justice court without a prosecutor and counsel for the youth who are qualified and who have exercised due diligence in preparing for the proceeding. Qualified counsel should be appointed for the youth prior to the detention or initial hearing.

Prior to the trial, counsel will have completed all of the following responsibilities:

• Investigated all circumstances of the allegations;
• Sought discovery of any reports or other evidence to be submitted to or considered by the juvenile justice court at the trial;
• If circumstances warrant, requested appointment of an investigator or expert witness to aid in the preparation of the defense and for any other order necessary to protect the youth’s rights; and
• Informed the youth of the nature of the proceedings, the youth’s rights, and the consequences if the youth is adjudicated on the petition.

It is very important that the parents or legal custodian have someone they can go to with questions prior to the hearing and that they are informed of the nature of the proceedings, the youth’s rights, their rights, and the consequences if the youth is adjudicated on the petition. Although counsel for the youth’s primary responsibility is to the youth client, in most instances it is in the youth’s best interest that his or her parents also be informed. Consequently, in most cases, in order to serve the client’s needs, counsel must include the parent. In some instances, the parents are party to the petition; if this is the case, counsel should explain what that means and what the parents’ rights and responsibilities are. In some instances, such as when a parent is the victim, it may not be appropriate for counsel for the youth to engage the parent. In this instance, the prosecutor would be the most appropriate person to inform the parents of the proceedings, their rights, the youth’s rights, and the consequences if the youth is adjudicated on the petition, since the parent will probably be a prosecution witness.

When a plea agreement is appropriate, the prosecutor and counsel for the youth should negotiate the plea agreement prior to the time the trial is set. The JUVENILE JUSTICE GUIDELINES recognizes that either the prosecutor or counsel for the youth who have not previously reached a plea agreement may be more willing to do so when either discovers that a key witness has not appeared for the trial; however, this circumstance should be the exception. It is unacceptable practice for last-minute plea agreements to occur because the prosecutor or counsel for the youth has not adequately prepared in advance of the trial. It is also unacceptable practice to wait routinely to first address the question of a plea agreement until the day of the trial.

The prosecutor should communicate with the victim when engaging in plea agreement discussions and permit the victim to provide input. The victim impact statement should be used, and any monetary losses incurred should be identified during the negotiations. Restitution, when appropriate, should be included in any proposed plea agreement. Restitution is often paid through community service rather than the youth or parents paying directly. In that way there is no undue burden on low income families.
Generally, the juvenile justice court judge should not be involved in plea agreement discussions. Plea agreements may not include any agreements or promises with regard to the juvenile justice court’s disposition. The judge should have full discretion to order the disposition that best meets the needs of the youth and community.

One of the challenges juvenile justice courts face in setting and keeping timely trial hearing starting times is last-minute plea negotiating between the prosecutor and counsel for the youth. This practice is often due to the failure to exercise diligence in preparing for the proceeding before arriving on the day the hearing is set, often caused by unmanageable caseloads. This practice not only prevents the specific hearing from starting on time, but also sets a pattern of significant delay for all subsequent hearings.

The juvenile justice court administrative judge should, using judicial leadership, state and consistently enforce clear expectations regarding plea agreements. The expectation should be that juvenile justice court judges will not allow the plea agreement process to delay the court’s schedule of hearings or cause unnecessary continuances.

Juvenile justice courts should ensure that proper security is in place and that courtroom and waiting areas are conducive to safety and respect for witnesses and family members. There should be two separate waiting areas, one for the victim and other prosecution witnesses and one for the defense witnesses and youth’s family. A victim advocate should accompany the victim during the trial process. Witnesses for both the prosecution and counsel for the youth, as well as the victim and victim advocate, may be excluded from the courtroom during trial testimony. This makes it very important that the waiting areas are separated and supervised to prevent inappropriate behavior.

The juvenile justice court judge must explain and maintain strict courtroom decorum and behavioral expectations for all participants, including the attorneys, victims, witnesses, the public, and the press. Juvenile justice court administrative judges must ensure that the juvenile justice court is a place where all youth, families, victims, witnesses, and other system participants are treated with respect, dignity, and courtesy. The manner in which the judge or judicial officer sets the tone in trials can have a significant influence on whether the youth, parent, victim, and witnesses perceive the process to be objective and fair. When parents perceive that they and their child have been treated with respect, dignity, and courtesy at the trial or adjudication hearing, they are more likely to support and participate in the court’s disposition orders.

Some juvenile justice courts have found that showing videos in the waiting areas of the court that explain the process, courtroom decorum, and behavioral expectations is effective in communicating expectations to all participants. Other juvenile justice courts provide brochures that explain trial issues and expectations in easily understandable terminology and in the various languages of significant populations in the community.

Information the Juvenile Justice Court Should Have

At the start of the trial, the following information should be available:

• The petition, affidavit, and any motions concerning the alleged law violation(s);
• A record of the juvenile justice court’s decisions and orders from any prior hearings on the current charge;
• If a plea agreement is proposed, the plea petition and plea agreement;
• A list of witnesses that the prosecution plans to call;
• A list of witnesses that counsel for the youth plans to call, if applicable; and
• If the youth is on probation or engaged in services, information from the probation officer or service provider regarding any cultural or disability issues that would assist the judge or judicial officer in successfully communicating with the youth and family.

The following information should be available at the conclusion of the trial so that, if the youth is adjudicated, the juvenile justice court judge can decide whether the youth will continue to be held in or placed in secure detention, or released with or without restrictions:

• Information regarding the youth’s prior involvement with the court, including any other pending charges and whether the youth is under the abuse and neglect jurisdiction of the juvenile court;
• Whether Title IV-E funds are being used for the youth’s placement or services or whether there is a possibility that Title IV-E funds might need to be used for the youth’s placement or services if adjudicated on the charges;
• Information regarding the youth’s adjustment in detention and any issues of concern; and
• If the youth is on probation and in detention, information from the probation officer that may be pertinent to the decision of whether the youth needs to continue to be held or should be considered for release.

If a Plea Agreement Has Been Proposed

If a plea agreement has been proposed, the prosecutor and counsel for youth should submit to the juvenile justice court judge, at least one week before the scheduled trial, a proposed plea agreement and a signed plea petition that, in addition to listing rights waived, has a section completed by the youth that describes what occurred, has a statement of admission, and is signed by the youth. The judge should immediately review the plea petition and proposed plea agreement to determine if there is a probability that it will be rejected and the trial will go forward. If it appears that the judge will accept the proposal, the judge and courtroom staff will be able to reassign most of the docket time previously set aside for the trial. At the previously scheduled trial time, the plea agreement and reasons for the agreement should be presented to the judge on the record with the youth present, prior to the juvenile justice court’s acceptance of a change in plea.

The decision to plead guilty or not is the responsibility of the youth, and the juvenile justice court judge should only accept a plea if it is made “knowingly” and “voluntarily.” While communicating with the youth to determine her or his level of understanding, the judge should consider factors such as the youth’s chronological age, the youth’s present grade level in school or highest grade level achieved while in school, whether the youth can read and write, and whether the youth has suffered recent or repeated and severe trauma.

When a plea agreement has been proposed, the juvenile justice court judge should:

• Address the youth directly regarding the nature of the allegations using appropriate language to communicate effectively with the youth;
• Explain to the youth the rights that are waived by a plea agreement, including the youth’s right to confront adversary witnesses through counsel by cross-examination, the burden on the prosecution to prove the case against the youth beyond a reasonable doubt, the right against self-incrimination, the right to appeal, and any other rights created by state constitution or statute that the youth waives through a plea, including the right to trial by jury. Inform the youth that these rights are lost by an admit plea;
• Inform the youth of the possible consequences of the plea, including the range of dispositions available to the court, and any collateral consequences of an adjudication;
• Ask the youth open-ended questions to determine his or her level of understanding of this information (e.g., what made you decide to change your plea to admit? What do you think will happen to you if I accept your plea?);
• Using open-ended questions, ask the youth if the youth knows what she or he agreed to; and
• Ask the youth whether any promises or inducements or any force or threats were used to obtain the plea and if not, accept the plea agreement.

If the juvenile justice court judge accepts the plea admission and plea agreement, and if all the information and necessary persons are present, hearing can move to the disposition phase. If additional information or persons are needed, the disposition hearing should be set for a future date. If the youth is detained, the juvenile justice court judge must decide whether to continue detaining the youth or whether to release the youth with or without restrictions pending the disposition hearing. Once this decision is made, the disposition hearing date can be set. If the youth continues to be held in secure detention, the disposition hearing should be set as soon as possible within five business days, unless additional information is needed that will take a longer period to obtain. If more time is needed, the hearing should be set within 10 business days.

If the youth is released from detention, the disposition hearing should be set as soon as possible within 10 business days, unless additional information will take a longer period to obtain. Unless there are exceptional circumstances, the disposition hearing should not be set for a period longer than 20 business days from the trial date.

Questions to Ask Regarding Detained Youth

• If the youth is in detention, is there reliable information to support that the youth needs to remain detained in secure detention or can the youth be released with or without restrictions? Issues that should be considered in making this decision include:
  • Is there reason to believe, based on a validated risk, need, responsivity instrument, the youth might present a danger to himself or the community or pose a flight risk and might not appear for future court proceedings.
  • Is there reason to believe the youth might have unwanted contact with the victim or witnesses upon his or her release?
  • Does the youth have a history of engaging in behaviors that will endanger himself or herself, or has the youth made statements leading to a reasonable belief that he or she will engage in such behaviors?
  • Does the youth have any medical, physical, or mental health issues, including a trauma history, that place the youth’s safety in question in a detention setting?
  • Does the youth identify as lesbian, gay, transgender, queer, or gender non-conforming which places the youth’s safety in question in a detention setting?
  • Is detention necessary to hold the youth accountable for violations of probation or other court orders?
  • Is there an environment adequately structured by family, community, school, or other support systems to enable the youth to avoid harmful behaviors and associations? In considering this question, the juvenile justice court must ensure that racial and ethnic disparities are not an unintended result of a negative determination. The court must ensure that family group conferencing is used when appropriate to identify all available family members and to create a supervision plan, and that appropriate resources exist to provide support to families when detaining the youth is not in the youth’s best interest.
• If the youth will continue to be detained, have the parent’s or legal guardian’s questions about detention, including visitation, been answered?
• Should the youth be released, with or without restrictions, or moved from secure to non-secure detention? If the youth is released, and the victim is not in court when this decision is made, the prosecutor or probation officer should notify the victim of the youth’s release.
• Are Title IV-E funds being used for the youth’s placement or services and thus will findings of reasonable efforts need to be made? If so, has information been presented that will enable the court to make appropriate determinations?

Reading of the Petition, Explanation of Rights, and Explanation of the Hearing Process if a Plea Agreement Has Not Been Proposed

To ensure that the parent and youth understand the juvenile court proceedings, the juvenile justice court should begin the hearing by reading the petition that describes the offense the youth is alleged to have committed and reviewing all of the youth’s due process rights. Using developmentally appropriate language free of courtroom jargon, the court should explain the trial process and the burden of proof that the court will use to decide whether to adjudicate the youth on the alleged offense(s). The court should explain the possible consequences if the youth is adjudicated.

Presentation of the Prosecutor’s Case for Adjudication

All evidence presented at the trial should be under oath and subject to cross-examination. The prosecutor should be required to present evidence of responsibility with regard to the alleged offender’s identity as the perpetrator and as to every element of the offense. After each witness’ testimony, counsel for the youth should have the opportunity to cross-examine.

Unless waived by counsel, the statements of a juvenile or other information or evidence derived directly or indirectly from statements made during the juvenile justice court intake or detention processing of the case should not be admissible at the trial. These statements made to a probation, intake, or detention officer should not be admissible because the youth should be encouraged to disclose fully to these professionals to ensure all important information related to immediate needs is made available, without the concern that the statements might later be used against her or him at trial.

Presentation of the Youth’s Case Against Adjudication

The burden of proof is on the prosecutor, and consequently the youth is not required to present any witnesses or to prove that he or she did not commit the alleged offense. Counsel for the youth may choose to present evidence that challenges the evidence of the prosecutor or proves the youth’s innocence.

As with the prosecutor’s evidence, any evidence presented by counsel for the youth should be under oath and subject to cross-examination. After any witness testimony on behalf of the youth, the prosecutor should have the opportunity to cross-examine.

At the conclusion of the youth’s case, the prosecutor may present a rebuttal after which the youth’s counsel would have the opportunity to present further evidence in response to the rebuttal. Then the prosecutor and counsel for the youth may present closing arguments.

Questions That Must Be Answered

In order to ensure that all issues have been covered at the trial/adjudication hearing, the juvenile justice court judge or judicial officer should know the answers to all of the following questions before concluding the hearing. The trial should not begin unless: 1) all necessary parties are present or properly served if not present; and, 2) all pending motions have been identified and addressed. Initially, the judges’ focus is on whether the prosecutor has proven that the youth committed the alleged offense. If the judge adjudicates the youth, the answers to the remaining questions are necessary to determine the next step.

Written Findings and Orders