If you have just gotten the call, do this first: tell the officer on the phone that your child is not to be questioned until you or a lawyer are present, write down the officer’s name and the location where your child is being held, and head to the station with any documents that show your child’s school enrollment, medical needs, and support network. Knowing what to do when your child is arrested comes down to protecting their right to remain silent in the first hours, showing up prepared for a detention hearing, and understanding that the juvenile system is built around rehabilitation but still carries real consequences. Most states treat anyone under 18 as a minor for these purposes, though a few set the line at 19 or 21.1Legal Information Institute. Minor
The First Few Hours
Police are required to contact you as soon as possible after taking your child into custody, tell you the nature of the alleged offense, and explain your child’s legal rights.2Office of the Law Revision Counsel. 18 US Code 5033 – Custody Prior to Appearance Before Magistrate Judge When they reach you, stay calm. Write down the name of the officer in charge, where your child is, and exactly what offense is alleged.
Before you leave for the station, say clearly over the phone that your child should not answer any questions until you or an attorney arrive. This is not optional advice. Juveniles routinely waive rights they do not fully understand, and courts evaluate the validity of a waiver by looking at the whole picture: the child’s age, education, maturity, prior experience with the system, and whether a parent or lawyer was present.3Library of Congress. Fare v Michael C, 442 US 707 (1979) A statement made without that understanding can sometimes be thrown out later, but keeping the statement from happening at all is far easier than fighting over it in court.
If a minor requests a parent or lawyer during questioning, all interrogation is supposed to stop until that person arrives. Statements obtained after that request, or through coercion, are routinely excluded.
Pull together paperwork before you go. Useful items include proof of school enrollment, medical records, a list of medications, and contact information for teachers, counselors, or coaches who could speak for your child. If your child has an Individualized Education Program or a 504 plan, bring copies. If you cannot afford a private attorney, the court will appoint one at no cost; that right has been settled since the Supreme Court’s decision in In re Gault.4Justia US Supreme Court. In re Gault, 387 US 1 (1967)
What Police Owe You
Federal law requires the arresting officer to immediately notify parents, guardian, or custodian and explain both the alleged offense and the child’s rights, in language a young person can actually understand.2Office of the Law Revision Counsel. 18 US Code 5033 – Custody Prior to Appearance Before Magistrate Judge This is not something officers can skip when it is inconvenient. If police fail to make a reasonable effort to reach a guardian, statements the child made during that window are vulnerable to suppression at trial, and evidence gathered during the isolation may be excluded entirely.
Officers must also inform parents that the child has the right to have a lawyer present before any questioning begins. In many jurisdictions, when police cannot reach a parent and no attorney is available, the child must be released rather than kept in custody without an advocate. If you believe notification was delayed or never attempted, raise it with your child’s attorney immediately. It can affect the admissibility of everything that happened before you got there.
Miranda warnings must be delivered in words a young person can understand. The Supreme Court held in J.D.B. v. North Carolina that officers who know or should reasonably know a suspect’s age must account for how that age affects whether the child felt free to leave.5United States Courts. Facts and Case Summary – JDB v North Carolina If your child is twelve, questioning rules are not the same as if your child is seventeen.
Where Your Child Can Legally Be Held
Federal law tightly limits where a child can be kept. Under the Juvenile Justice and Delinquency Prevention Act, juveniles cannot be detained in any facility where they have sight or sound contact with adult inmates.6Office of the Law Revision Counsel. 34 USC 11133 – State Plans This “sight and sound separation” rule covers processing, holding, and court appearances. A traditional county jail is not an appropriate place for a minor unless it operates a completely separate juvenile wing with independently trained staff.
If a child is held temporarily in a police station or adult lockup, federal law caps that stay at six hours. The clock starts when the child is placed in secure custody and cannot be paused by briefly moving them to a non-secure area. Throughout those six hours, the child must remain under constant visual supervision with zero contact with adult inmates. Status offenses such as truancy or curfew violations do not qualify for secure holding at all.6Office of the Law Revision Counsel. 34 USC 11133 – State Plans
Most juveniles awaiting a hearing go instead to a dedicated juvenile detention center with educational services, mental health counseling, medical care, and staff trained in de-escalation and youth development. If your child is still being held in an adult jail hours after the arrest, that is something to flag with their attorney right away.
The Hearings That Follow
Juvenile cases move through a series of hearings that look quite different from adult criminal court. Knowing the sequence helps you prepare for each one.
Detention Hearing
A judge must hold a detention hearing shortly after the arrest to decide whether your child stays in custody or goes home while the case proceeds. It usually happens within 48 hours, excluding weekends and holidays, though exact timelines vary by jurisdiction. The judge considers whether the child is a flight risk, whether release would endanger public safety, and whether the family can provide adequate supervision.
There is no bail system in juvenile court. The judge either releases the child to a parent or guardian or orders continued detention.7US Department of Justice. Criminal Resource Manual 142 – Bail and Detention of the Juvenile This is where the paperwork you brought matters. Current school enrollment, a stable home, a written supervision plan, and relatives or mentors willing to help monitor your child all carry weight. If specialized medical or mental health care is needed that detention cannot provide, that too is relevant.
Courts sometimes land in a middle ground: electronic monitoring. A child on monitoring wears a tamper-resistant ankle or wrist device and must follow a pre-approved daily schedule, with restrictions ranging from curfew-only to near-total home confinement with exceptions only for school, medical appointments, and court.8Office of Juvenile Justice and Delinquency Prevention. Home Confinement and Electronic Monitoring Deviations from the schedule can send the child back to secure detention.
Adjudicatory Hearing
This is the juvenile equivalent of a trial. A judge reviews evidence, hears testimony, and decides whether the child committed the alleged act. One right your child does not have is a jury: the Supreme Court ruled in McKeiver v. Pennsylvania that a jury is not constitutionally required in juvenile delinquency proceedings.9Justia US Supreme Court. McKeiver v Pennsylvania, 403 US 528 (1971) Some states grant jury rights by statute, but the federal constitutional floor does not require one. The child does have the right to confront witnesses, present evidence, and remain silent. If the judge finds the allegations proven, the child is “adjudicated delinquent.” If not, the case is dismissed.
Dispositional Hearing
After an adjudication of delinquency, a separate dispositional hearing decides what happens next. This is the juvenile equivalent of sentencing, with rehabilitation rather than punishment as the stated goal. The judge reviews the child’s background, family situation, school performance, mental health history, and any prior contact with the system before choosing an outcome.
What Outcomes Are Possible
Judges strongly prefer the least restrictive option that still addresses public safety and your child’s needs. A first-time shoplifting case almost never results in commitment to a facility. The common outcomes:
- Diversion. For lower-level offenses, especially first-time ones, your child may be routed into counseling, community service, or educational programming. Successful completion usually ends in dismissal, and many states allow the arrest record to be expunged afterward.
- Probation. The most common outcome. The child lives at home under court-ordered conditions such as curfews, regular check-ins with a probation officer, drug testing, school attendance requirements, or community service.
- Restitution. The court may order the child, and in some cases the parents, to compensate the victim for financial losses.
- Residential placement. A group home, treatment facility, or other supervised residential setting outside the family home.
- Commitment to a juvenile facility. The most restrictive option, with education and treatment programming built in, typically for a set period.
When a Child Can Be Moved to Adult Court
Not every juvenile case stays in juvenile court. Under certain circumstances a case can be transferred to adult criminal court, which changes almost everything about the stakes. Adult convictions carry longer sentences, permanent criminal records, and the possibility of adult prison.
There are three main paths into adult court. A judicial waiver is where a judge decides, usually at a hearing, that the juvenile system cannot adequately rehabilitate the child; forty-six states give juvenile court judges this discretion.10Office of Juvenile Justice and Delinquency Prevention. Trying Juveniles as Adults – Transfer Provisions Statutory exclusion is where state law automatically places certain serious offenses in adult court. Direct file is where a prosecutor, in about 15 states, chooses between juvenile and adult court when both have jurisdiction.11Office of Juvenile Justice and Delinquency Prevention. Trying Juveniles as Adults – Direct File
Age thresholds vary. Federal law allows transfer for juveniles 15 and older charged with violent felonies or serious drug offenses, dropping to 13 for offenses like murder or armed robbery.12Office of the Law Revision Counsel. 18 USC 5032 – Delinquency Proceedings in District Courts State thresholds run from 13 to 16 depending on the offense.
A case moved to adult court is not always stuck there. Many states allow a “reverse waiver” petition back to juvenile court, where the child typically must show that adequate juvenile treatment exists, that returning the case would not minimize the seriousness of the offense, and that it would still serve deterrence. Working the other direction, many states have “once an adult, always an adult” provisions: any juvenile previously prosecuted in adult court must be prosecuted there again for future offenses, even minor ones.13National Conference of State Legislatures. Juvenile Age of Jurisdiction and Transfer to Adult Court Laws That makes the first transfer decision enormously consequential.
What Happens to the Record
One real advantage of the juvenile system is that records are generally not permanent the way adult criminal records are. Every state has some way to seal or expunge them. Twenty-four states now provide for automatic sealing or expungement under certain conditions, meaning records are cleared without the young person filing anything.14National Conference of State Legislatures. Automatic Expungement of Juvenile Records In other states, the young person must petition the court, sometimes with a filing fee and a hearing.
Sealed records are hidden from most background checks, which matters for employment and college applications. Expunged records go further and are legally treated as though the event never happened, often letting the person deny the arrest ever occurred. Eligibility depends on the seriousness of the original offense, time passed, and whether the person has stayed out of trouble since. Offenses transferred to adult court or involving serious violence are the hardest to clear. Ask your child’s attorney early about the path to sealing, because some deadlines start running from the date of disposition.
Money You May Owe
Parents are often surprised to learn they can be on the hook financially when their child is adjudicated delinquent. The most common obligation is restitution to the victim. If the court orders it, you can be required to compensate the victim for property damage or other losses. Every state sets its own cap, and the range is wide: from as low as $800 in some states to $25,000 in others, with most between $2,500 and $10,000. A handful of states impose no statutory cap at all.
Beyond restitution, some jurisdictions historically charged parents for detention costs or probation supervision fees. A growing number of states have moved away from these charges. Whether your jurisdiction still imposes them is worth asking the attorney about at the first opportunity, and some courts will consider the family’s ability to pay before setting an amount.
Parental restitution orders can be recorded as civil judgments and enforced like any other debt, including through wage garnishment in some jurisdictions. Interest accrues on unpaid balances in many states, and these orders typically do not expire until paid in full. If you receive one, work out a payment plan early rather than letting a judgment grow.