ABUSED
Physical injury inflicted upon a child or youth which is not the result of an accident, conflicts with the explanations of the injury, or is the result of maltreatment such as sexual molestation, deprivation of necessities, emotional maltreatment or cruel punishment.
ADJUDICATORY HEARING
Juvenile court proceeding to determine whether the allegations on a
petition
are true and whether the child/youth should be adjudicated and subject to orders of the court. (similar to a trial)
ADMISSION
Plea entered by the
respondent
in juvenile court agreeing that the charge in a petition is true. (similar to a guilty plea in criminal court)
ADVOCATE
See “
State’s Advocate.”
APPEAL
Request that a higher court review a case.
ALLEGATION
A statement made by the petitioner in a legal action which will attempt to be proven. (similar to a “charge” in criminal court)
BAIL
An amount of money set by the court in order to insure the appearance of the
respondent
in court. The
respondent
will be released for
custody
once the bail is deposited with the court.
BEYOND
A
REASONABLE DOUBT
The degree of certainty required for a finding of delinquency; proof must be so conclusive and complete that all reasonable doubts are removed from the mind. This is the highest standard of proof.
CHILD
Any person under the age of sixteen (16) years.
CLEAR AND CONVINCING EVIDENCE
A lesser standard of proof; the degree of certainty required for a
finding of Family With Service Needs
of the termination of parental rights; proof must establish a firm belief in the facts alleged in the
petition
.
COMMITMENT
Placement of a child/youth in the
custody
(children in a family with service needs and delinquent children) or guardianship (neglected, dependent, uncared for children/youth) of the
Department of Children and Youth Services
by an order of the court.
COMMUNITY SERVICE
Work in public buildings or on public property performed by an offender as required by the court or its representatives.
CUSTODY
See “
Legal Custody.”
DELINQUENT
a child who is found to have violated any federal or state law, municipal or local ordinance (other than one regulating behavior of a child in a Family With Service Needs), or order of the Superior Court.
DENIAL
Plea entered by a
respondent
in juvenile court disagreeing with the allegations in a petition. (similar to a not guilty plea in criminal court)
DEPARTMENT OF CHILDREN AND YOUTH SERVICES (D.C.Y.S.)
State agency responsible for the care and treatment of children and youth who are mentally ill;
dependent, uncared for
, or
neglected
; from
Families With Service Needs
; or
delinquent.
DEPENDENT MINOR
child or youth living in a home that is suitable except for the financial inability of the parents, guardian or other person maintaining the home to provide for the specialized care his/her conditions requires.
DETENTION
State-operated or state-designated facility to provide for the temporary care of a child who is alleged to be delinquent and who requires a physically restricted, secure environment.
DETENTION HEARING
Court proceeding to determine if the child needs to remain in secure custody for the protection of the community or the juvenile.
DISPOSITION
Orders of the court following
adjudication
relating to the most appropriate type of care and treatment of a child/youth. (similar to sentencing in criminal court)
DISPOSITIONAL HEARING
Court proceeding following
adjudication
which provides the court with information necessary to determine the best possible type of care and treatment to be provided to the child/youth and or his or her family.
EMANCIPATION
The release of a youth from the legal authority and control of his/her parents and the corresponding release of the parents from their obligation to the youth.
FAMILY WITH SERVICE NEEDS
A family which includes a child who a) runs away without just cause, b) is beyond the control of his/her parents or guardian, c) has engaged in indecent or immoral conduct, and/or d) is habitually truant or continuously and overtly defiant of school rules and regulations.
FINDING
Decision made by the judge at an
adjudicatory hearing
. (similar to a verdict in criminal court)
HEARSAY EVIDENCE
Evidence based on reports of others rather than on a witness’s own personal knowledge.
JUVENILE
Any person who is not of legal age; in Connecticut any person under eighteen(18) years of age. (same as
minor
)
JUVENILE COURT
Court designated to hear all proceedings concerning
uncared for, neglected, dependent children
and
youth
and
delinquent children
within the state; superior court for Juvenile Matters.
LEGAL CUSTODY
Relationship created by court order which gives the custodian the responsibility for the physical possession of a minor and the duty to protect, train, and discipline him/her, as well as providing for his/her basic needs.
MINOR
Any person who is not of legal age. (see
juvenile
)
MIRANDA RIGHTS
The requirement that a person receive certain warnings relating to his/her privilege against self-incrimination (right to remain silent) and the right to have the presence and advice of an attorney before being questioned by law enforcement authorities.
MULTIPLE PETITIONS
Two or more petitions filed in juvenile court against the same person.
NEGLECTED MINOR
A child or youth who has a) been abandoned, b) is being denied proper care and attention, physically, emotionally, educationally, or morally, c) is being permitted to live under conditions, circumstances, or associations injurious to him/her well-being, or d) has been abused.
NOLLE PROSEQUI (“NOLLE”)
An acknowledgment by the
State’s Advocate
that a pending case may not be prosecuted. A case which has been “nolled” may be reopened within 13 months; if it is not reopened by then it is automatically dismissed.
ORDERS OF TEMPORARY CUSTODY (O.T.C.)
Court order placing a child or youth in the short-term legal custody of an individual or agency authorized for the care of juveniles.
PETITION
Legal document which specifies the complaint against the juvenile and/or family; it includes the name, age, and address of the minor and his/ her guardian, as well as the statutory grounds and factual
allegations
upon which the request for court intervention is based.
PREPONDERANCE OF EVIDENCE
General standard of proof in civil cases; where the evidence and the facts are more convincing than not. Used in neglect proceedings.
PROBABLE CAUSE
See “
Reasonable Cause.”
PROBATION
Placement of an adjudicated delinquent under the supervision of a state probation officer and the rules set forth by the court.
PROBATION INVESTIGATION
Inquiry into the social, educational, physical, emotional, and work history of a child adjudicated delinquent. This report to the court can include any relevant information about the juvenile and his/her parents’ habits, surroundings, and character.
PROBATION OFFICER
State employee who is responsible for making investigations and reports required by the court, executing orders of the court, maintaining files and providing supervision to persons placed on probation by the court.
PUBLIC DEFENDER
court-appointed attorney responsible for representing the juvenile and/or the family at no cost to them. The family/juvenile needs to show that they cannot afford to pay for an attorney.
REASONABLE CAUSE
The lowest standard of proof; the level of certainty required for the issuance of an arrest or search warrant or the grounds for detention or
ex parte
Orders of Temporary custody; facts that would enable a reasonable person to form a conclusion. Also called
Probable Cause.
RESPONDENT
Juvenile court word referring to the person or persons named in a petition. (similar to a defendant in criminal court)
SERIOUS JUVENILE OFFENDER
A
child
who has been
adjudicated
by the
juvenile court
for a
serious juvenile offense
.
SERIOUS JUVENILE OFFENSE
A violation of any one of several specific grievous criminal actions by a child; including: murder, manslaughter, rape, kidnapping, arson, armed robbery, 1st and 2nd degree assault, and other acts designated in C.G.S. Section 46b-120.
SOCIAL HISTORY INVESTIGATION
See “
Probation Investigation.”
STATE’S ADVOCATE
Prosecuting attorney who presents the state’s case in
Delinquency
and
Family With Service Needs
cases.
SUBPOENA
A written notice issued by the court or a lawyer commanding a person to appear in court to testify as a witness.
SUMMONS
A written notice issued by the court commanding a person to appear in court at a given date and time. A summons is issued to an individual charged or other party on a petition or complaint.
SUPERVISION
Process similar to
probation
in that the juvenile is returned to the community, but not as serious or formal in nature. Supervision is given with the understanding that the court will take further action if the juvenile or parents do not follow court-recommended plans. Supervision is usually used in
Family with Service Needs
cases or
delinquency
cases handled non-judicially by a
probation officer.
TEMPORARY CUSTODYCourt-approved placement of a child or youth outside of his/her home for a short period of time before an
adjudicatory or dipositional
hearing is held.
TRANSFER HEARING
(to Criminal Court)
Juvenile court hearing to determine whether a child, 14 years or older, charged with a serious crime should have his/her case transferred to criminal court, and be subject to the same processes and penalties as an adult charged with the same offense.
UNCARED FOR
A
child or youth
who is homeless or whose home cannot provide the specialized care which his/her physical, emotional or mental condition requires.
VALID COURT ORDER
a formal statement by the court which regulates future conduct of a child after a
finding of delinquency
or after his/her family has been
adjudicated as a family with service needs;
any order of the court which is made in accordance to the laws of the state. may also apply to specific conditions of the delinquent’s
probation.
YOUTH Any person sixteen (16) to eighteen (18) years of age.
Words in
bold type
are defined in the glossary.
Each student will be asked to give oral presentations of what they heard and saw in the lessons conducted by the presenter and the teacher. Each oral presentation would be two to five minutes and the students will be allowed to use index cards with cues that will help them remember their ideas and sentences. The oral presentations take at least two class sessions. While each individual student does his oral presentation the students in the classroom take notes on what they hear or understand. After each student presentation, the rest of the class gives feedback by asking questions of the student presenter or adding any points or details that were left out. If a definition or concept is not completely defined, the teacher will be a facilitator for the group. The classroom will use his individual evaluation system to grade each student presenter.
After the classroom teacher gives each student an opportunity to orally read each definition of each term in the glossary list, the students then write down as many definitions as they can in the form of a complete thought or sentence. Before the actual writing activity, the teacher will assist any student that needs help pronouncing any glossary term. Here, again, the classroom teacher evaluates each student individually and holistically.
Next, after all of the above steps have been followed, the teacher and the volunteer judge or attorney will present a mock case for each of the possible categories of cases that go before the Juvenile court. At the end of these mock presentations the students will have a very comprehensive knowledge of cases where the behavior of the juvenile is cause for court intervention (delinquent child and child in a family with service needs), cases where the care of the child is cause for court intervention (dependent, neglected and uncared for child, termination of parental rights, and emancipated minor), delinquent children and their constitutional rights.
Finally the classroom instructor will use his or her own evaluation and testing instruments to insure that each student has achieved adequate oral, reading, and writing skills pertinent to the topics and issues presented here.