What is status offense

We are constantly working to expand and improve many resources we offer to legal professionals and the public. By submitting information to this site, you give permission to GetLegal, or a partner of GetLegal, to contact you by email. All rights reserved. Status Offenses Status offenses are acts considered wrongful or chargeable only when committed by a minor. Juveniles charged with a status offense: are accorded the same due-process rights as a juvenile accused of a crime.

In other words, once a juvenile is found to have committed one status offense, if that juvenile comes before the court accused of another status offense or a crime, his or her risk factor for being a repeat offender may justify a stricter punishment in the second case.

Punishments When a juvenile court finds that a youth has committed a status offense, a number of possible punishments may be imposed: The juvenile may be given a deferred adjudication. This means no formal probationary oversight and no formal ruling that the juvenile committed a status offense as long as he or she does not commit another for a specific period of time.

This is thought to produce better results than going through formal proceedings in court and seeking a delinquency finding.

A finding that a juvenile is delinquent can undermine their prospects for rehabilitation. Most status offenses that are handled in formal proceedings involve alcohol. There is some correlation between committing a status offense and committing a more serious future crime. Some research suggests that this link is due to underlying issues, such as unmet health or safety needs. The Juvenile Justice and Delinquency Prevention Act was enacted in and reauthorized in in hopes of breaking the link.

Labels attached to status offenders in most states show that they are viewed as juveniles who need care or services rather than punishment. If the juvenile continues to engage in misconduct, though, they may eventually face formal proceedings in court. Perhaps the most common status offense is truancy.

This involves regularly skipping school when a juvenile does not have a valid excuse and does not have the permission of a parent or guardian. The number of permissible unexcused absences varies from state to state. School districts usually attempt to address the problem with the student internally before referring the matter to a juvenile court.

However, the police have the authority to detain a juvenile who is found to be a truant. Their parents may face more severe consequences than the juvenile. States take truancy very seriously because it is strongly connected to failure in school, which in turn is strongly connected to delinquency. Some cities or counties set certain hours during which a juvenile is not allowed to be in a public place, unless an exception applies.

An exception might involve going to a school activity, or going to work if the juvenile has a job. These laws are meant to reduce juvenile crime, but sometimes they are excessively broad. Most youths who engage in status and other minor offenses never progress to more serious behavior, according to a literature review by the federal Office of Juvenile Justice Delinquency and Prevention.

But, for some young people, it can signal underlying problems at home or in school that need closer attention. In some jurisdictions, status offense cases are referred to social service agencies or family crisis units that can offer young people guidance and support.

Other jurisdictions rely on the juvenile justice system, despite evidence that punitive responses to these types of behaviors are ineffective. In , the most recent year for which national data is available, 94, status offense cases were handled by U. During this year, juvenile probation was the most common sanction ordered by the court for status offense cases.

The units of count for court statistics presented below vary by state, which often makes direct comparisons impractical and inaccurate.

Where possible, a count based on the number of cases disposed is displayed. Per 1, youth from age 10 to the upper age boundary for each state.

As illustrated in the above topic, some basic court referral information is available in several states. However, only a few states report nuances annually, such as the underlying behavior that generated a referral such as running away or truancy. Even fewer states use administrative data to report the diversion of status offense referrals and juvenile court hearing outcomes.

Juvenile Justice GPS Geography, Policy, Practice, Statistics is a project to develop a repository providing state policy makers and system stakeholders with a clear understanding of the juvenile justice landscape in the states. Follow on Twitter ». Website designed by Webitects. Jurisdictional boundaries States vary in how each sets the basic playing field for juvenile justice with lower and upper age boundaries. Delinquency age boundaries Transfer discretion Transfer provisions Compare transfer provisions Transfer trends Progressive data.

Juvenile defense The right to counsel in delinquency proceedings is a fundamental aspect of juvenile justice, but knowledge useful for making policy comparisons and monitoring defense trends is rare. Purpose clauses Intake and diversion Courtroom shackling Competency Sex offense registry. Juvenile justice services There is not one uniform U. Basic services Corrections agency Solitary confinement Release decision Risk assessment Evidence-based practices Recidivism reporting Progressive recidivism data.