How to Know What to Expect If Your Child Becomes a Ward of the Court

If your child is under the age of 18 and has committed a crime, it's likely that he or she will not be tried in criminal court. Rather, your child will be tried in juvenile court, with a delinquency petition filed on his or her behalf. Under this petition, your child will not be convicted if found guilty. Rather, he or she will be considered delinquent and a ward of the court.

Instructions

Difficulty: Challenging

Things You’ll Need:

• Computer with Internet access

1. Breathe a sigh of relief. By becoming a ward of the court, your child is being tried as a juvenile. This means that rather than being sentenced to jail, he or she will likely be placed on probation if found guilty. Probation allows your child to remain at home as part of the community under the watchful eye of a probation officer.
2. Expect probation officers to investigate both you and your child. You may be subject to psychological evaluations or diagnostic tests.
3. Understand that probation officers will present recommendations to the judge responsible for managing your child's case. This process is called a disposition hearing.
4. Know that at this hearing, the judge will listen to the points made and decide on the terms of your child's probation.
5. Expect that court-appointed officers will attempt to ensure that the best interests of the child are served. Cooperate with the court, and make sure probation officers or others assigned to your child's case have all the information they need (including positive information) to make good decisions.

Cope with Having Your Child Be a Ward of the Court

6. Seek support through an organization such as the American Civil Liberties Union (see Resources below).
7. Seek counseling for both you and your child if your child becomes a ward of the court. This will help you both cope with the stress of probation and can address the damaging behaviors that placed your child in the juvenile justice system.
8. Work with your child's probation officer once terms are set to ensure your child's probation obligations are met.
9. Contact your child's probation officer if your child fails to honor the terms of probation.

Tips & Warnings

• Know your child's legal rights. When taken into police custody, every person must be told of his or her Fifth Amendment rights, which grant all individuals the rights to remain silent and to retain the services of an attorney. If a detained individual isn't made aware of these rights, statements and confessions made in custody cannot be used in his or her court case.
• Understand what to expect financially. If your child is charged and put on trial, you may by faced with court fees and fines.
• Juvenile justice practices and procedures vary from state to state. Consult with a local attorney or legal aid personnel before making important decisions affecting your child's welfare.