The Juvenile Justice Reinvestment Act and its subsequent corresponding legislation raised the age of juvenile jurisdiction to 18 for most offenses committed at ages 16 or 17 that would otherwise be crimes. S.L. 2017-57, §§ 16.D.4.(a)-16.D.4.(tt) and S.L. 2019-186. Last summer, the legislature enacted changes to the criminal law to ensure that minors who fall outside of raise the age and continue to be tried as adults are not housed in adult jails. S.L. 2020-83, §§ 8.(a)-8.(p). While it may feel like these changes must mean that the age of 18 is now consistently the legal demarcation for being treated as an adult, the law continues to use the age of 16 as a defining line in some instances. For example, Chapter 50B (Domestic Violence) and Chapter 50C (Civil No-Contact Orders) continue to provide that domestic violence protective orders (DVPOs) and Civil No-Contact Orders can be obtained against youth once they reach the age of 16. This blog addresses how enforcement of these orders against youth who are ages 16 and 17 is affected by raise the age and by the removal of minors from jails.
Jacquelyn Greene
Dispelling Transfer Confusion: 10-Day Appeal Window, Orders for Arrest
My email continues to stay busy with confusion about juvenile cases, including questions about the status of a case during the time for appeal of an order transferring the case to superior court and the use of an indictment to trigger transfer of a juvenile matter to superior court. This blog will address three frequently asked questions (FAQs): (1) which court has jurisdiction over the case during the 10-day period for giving notice of an appeal, (2) what are the restrictions on recordkeeping during that 10-day period or while the superior court considers any appeal, and (3) may an order for arrest be generated when an indictment is returned in a matter that is under juvenile jurisdiction?
Jurisdiction Over Parents in Delinquency Cases When the Juvenile is 18 or Older
Does the court have authority over parents of juveniles who are respondents in delinquency matters once the juvenile turns 18? This question has come up repeatedly as practitioners across North Carolina continue to implement the Juvenile Jurisdiction Reinvestment Act (JJRA), the law that brought the vast majority of youth who commit offenses at ages 16 and 17 under juvenile court jurisdiction. The short answer is—yes. However, that fact does not mean that this jurisdictional law is without complications. This blog explains why the new jurisdictional laws have led to increased numbers of 18- and 19-year-olds under juvenile court jurisdiction, the court’s authority over the parents of those youth, and complications related to this jurisdictional authority over parents of people who are legally adults.
Questioning Youth at School: When is it a Custodial Interrogation?
When does questioning of a middle school student by the principal and in the presence of the school resource officer (SRO) constitute a custodial interrogation? The Court of Appeals of North Carolina issued a decision last week, In re D.A.H. ___ N.C. App. ___, 2021-NCCOA-135 (April 20, 2021), that details the legal analysis necessary to answer this question. The decision reviews the unique characteristics and law related to schoolhouse questioning and identifies seven factors most relevant to determining whether a juvenile is in custody and three factors most relevant to determining whether questioning is an interrogation. The application of this analysis to the facts of the case offers an important takeaway—the legal analysis must focus on an objective reasonable child standard and not on a particular child’s subjective familiarity with an SRO who is regularly present in the school environment.
Biological Evidence in the Courtroom: Mandatory Judicial Inquiry
What comes to mind when you think about physical evidence that is also biological evidence? It might be a bloodstained shirt or the contents of a sexual assault examination kit. What about a bedspread or a laundry basket? How about a door or a phone booth? These are all items I have seen in evidence rooms across North Carolina in my work with the North Carolina Conference of Clerks of Superior Court on receiving, storing, and disposing of evidence. It is possible that each of these items meets the statutory definition of biological evidence. G.S. 15A-268 establishes that definition and provides explicit requirements around the preservation and disposal of biological evidence, including a specific inquiry into biological evidentiary value that courts must engage in each time physical evidence is offered or admitted into evidence in a criminal proceeding.
Legal Questions Arising from Inclusion of Young Children in Delinquency Jurisdiction
Children in North Carolina can be tried as respondents in delinquency proceedings for their actions beginning at age 6. The inclusion of young children in delinquency jurisdiction, some of whom may be young enough to remain staunch believers in Santa and to eagerly await a visit from the tooth fairy or the Easter bunny, raises significant legal questions in light of their developmental maturity. Those questions include:
- whether the infancy defense should play a role in delinquency proceedings?
- whether the capacity standard used in delinquency proceedings should explicitly account for developmental immaturity?
- at what point do children develop the skills necessary to function as a competent respondent?
A new Juvenile Law Bulletin, Including Young Children in Delinquency Jurisdiction: Issues of Infancy and Capacity, is now available and discusses these issues in-depth. This blog provides some highlights of the bulletin.
Juvenile Justice System Impacts in the First Year of Raise the Age
The Juvenile Justice Reinvestment Act (JJRA), which raised the age of juvenile court jurisdiction to include youth who commit offenses at ages 16 and 17, went into effect on December 1, 2019. What impacts have been realized in the juvenile justice system as a result? The Juvenile Jurisdiction Advisory Committee (JJAC), created by the JJRA, submitted its required interim report to the General Assembly on January 15, 2021. The report provides many details about the first year of implementation as well as JJAC recommendations for legislative amendments and ongoing budgetary needs. This blog provides a summary of some of the trends during the first year of raise the age implementation as detailed in the report.
Appointment of Attorneys in Juvenile Transfer Cases
How does the appointment of counsel to represent juveniles with cases that are transferred to superior court for trial as adults work? This can be a confusing question to answer given that the legal authority for the appointment of counsel changes at the time of transfer, there are important immediate legal issues following transfer, and there are so many different ways in which indigent defense services are provided across North Carolina. This blog will (1) identify the law that governs appointment of counsel when cases are in juvenile court and following transfer, (2) share recently released guidance from the N.C. Office of Indigent Defense Services (IDS) regarding appointment of counsel in matters that are transferred, and (3) suggest a procedure that could be followed to ensure that the rights of juveniles regarding appeals of transfer orders and conditions of pretrial release are ensured.
In Search of Youth Voice: Were You or Someone You Know Involved with Juvenile Court in N.C.?
Much of our work at the School of Government is focused on creating educational materials for professionals who work in North Carolina’s juvenile court—especially judges and attorneys. We want to share the voices of those who are affected the most – the juveniles. Professor Sara DePasquale and I are starting a video project to give voice to the experience of juveniles who have been involved in the juvenile justice and/or child welfare systems. This post provides some information on what we hope to do and how to contact us if you or someone you know is interested in participating.
Satisfying Conditions of Pretrial Release When in Juvenile Detention
Two changes in the law have led to a new phenomenon—the need for youth under the age of 18 to satisfy conditions of pretrial release while being confined in a juvenile detention facility. First, the Juvenile Justice Reinvestment Act (JJRA) raised the age of juvenile court jurisdiction for offenses committed at ages 16 and 17 on or after December 1, 2019. The JJRA includes a broad mandatory transfer provision, requiring that many felony matters shift from juvenile to superior court jurisdiction. G.S. 7B-2200.5(a). When that happens, the rules of criminal procedure (including those governing pretrial release) apply rather than the rules for juvenile cases. Second, Part II of Session Law 2020-83 required that the few minors who continue to be processed as adults in the criminal system from the outset of their cases be held in juvenile detention instead of adult jails. The release of minors subject to criminal rather than juvenile jurisdiction is governed by the usual criminal process for setting and satisfying conditions for pretrial release. Those conditions sometimes require posting a bond. But juvenile detention facilities are not equipped to process bonds. So how does this work? This post will review the circumstances in which a youth confined in juvenile detention may need to post bond, the impediments to doing so, and potential ways to address those problems.