Juvenile Justice and Special Populations
Who is a juvenile
In North Carolina a juvenile is at least six and under eighteen years old, and not emancipated or married. Under Raise the Age, sixteen- and seventeen-year-olds fall within juvenile jurisdiction for most offenses, but Class A through G felonies remain in superior court and traffic offenses are handled in adult court.
Process
A complaint goes to a juvenile court counselor, who screens for diversion or files a petition. Custody is either nonsecure or secure and requires statutory grounds, documentation, and prompt notification of a parent or guardian. Juveniles have a right to counsel and to have a parent present; waivers are scrutinized closely on the totality of the circumstances, including age, education, and duration of questioning. Certain offenses are non-divertible, and transfer to superior court follows statutory criteria. Juvenile records are confidential.
Special populations
Recognize mental illness, intellectual and developmental disability, autism, traumatic brain injury, dementia, deafness or hearing loss, and limited English proficiency, and adapt communication accordingly. Veterans may be eligible for treatment courts. Elderly and disabled victims require modified interviewing. Human trafficking indicators under G.S. 14-43.11 must be recognized, and victims have rights under G.S. 15A-830.
Traps
Treating a sixteen-year-old as an adult for a misdemeanor; failing to notify a parent; assuming a juvenile's waiver is valid just because a form was signed; conflating juvenile custody with adult arrest and booking.
Rule of thumb
When in doubt about a juvenile's status, treat the person as a juvenile, notify the parent, and consult the juvenile court counselor - the error is correctable; a rights violation is not.