The fourth jurisdictional area that significantly varies from state to state is the degree to which the most serious offenses can be transferred to criminal court through prosecutorial discretionary or mandatory waiver, or are excluded from juvenile jurisdiction with a requirement to directly file in criminal court.

The National Council of Juvenile and Family Court Judges has established the following policy position:

The determination as to whether a juvenile charged with a serious crime should be handled in juvenile justice court or transferred to criminal court is best made by a juvenile justice court judge in a judicial hearing with the youth represented by qualified counsel. In this hearing, the varied circumstances of each case and the distinct characteristics of each youth are closely examined by a judge who hears from all parties. The judge evaluates the important personal and community factors related to the choice of jurisdiction and determines whether to retain the case in juvenile justice court or transfer the case to the criminal court.

Accordingly, prosecutorial selection of adult jurisdiction, mandatory transfers, and automatic exclusions are not recommended. Such practices can place juvenile justice court judges in positions where they are statutorily required to take actions that they do not believe will be most effective in changing the youth’s behavior or in the best interest of the community.