CHILDREN AND THE LAW
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Delinquency Matters
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Jurisdictional Hearing
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Findings & Orders
............Jurisdictional Facts-Age-Venue
8 Cards On This Topic:
Juvenile court must make jurisdictional findings in minutes.
If accused appears or claims to be minor, court shall hold hearing to determine age.
Juvenile ct.'s conclusion that recalcitrant, drug-abusing M with horrendous, abusive childhood was in need of services available only in the W&IC §602 system, not in dependency, was w/in its discretion and inescapable.
When D's participation in a conspiracy begins while s/he is a minor, but continues after his/her 18th birthday, trial court not required to transfer to juvenile court. Rather, D may be tried as an adult.
Minor who lied about DOB and convicted in adult court entitled to withdraw no contest plea and receive contested juvenile adjudication hearing.
D has burden of establishing status as minor subject to juvenile court jurisdiction. Burden of persuasion is preponderance of evidence.
Minor is not adult until first minute of corresponding day of his/her birthdate.
Challenging improper certification to adult court