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Juvenile Justice eBook
PA Parent and Family Alliance
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Navigating the Juvenile Justice System with a Mental Health Challenge A Parent s Guide This eBook was developed in consultation with Allegheny County s Juvenile Division of the Office of the Public Defender
Table of Contents 1 General Info 2 Interrogations 3 Court Processes Hearings 4 Initiating Involvement Yourself 5 School 6 Sign up to join our community 7 Webinar 8 More Resources
Navigating the Juvenile Justice System with a Mental Health Challenge A Parent s Guide Interactions between law enforcement and your child can be very scary especially for a child who has a mental health challenge It is best to prepare your child ahead of time for what they could expect if they ever were to have an interaction with law enforcement General Info In what age range can a child be charged in the juvenile justice system A child 10 17 years old has the potential of being charged in the juvenile justice system In PA a child under 10 cannot be charged with a crime other than homicide In very specific circumstances for certain violent felonies a child over 15 can be charged as an adult Can my child be searched without their consent Officers should only perform a search if they have reason to believe that a crime is occurring and that the person is presently armed and dangerous If the officers decide this is the case it is a frisk or a pat down of a person s outer clothing They should not reach into pockets or inside coats Click to define
Navigating the Juvenile Justice System with a Mental Health Challenge A Parent s Guide This eBook was developed in consultation with Allegheny County s Juvenile Division of the Office of the Public Defender
Table of Contents 1 General Info 2 Interrogations 3 Court Processes Hearings 4 Initiating Involvement Yourself 5 School 6 Sign up to join our community 7 Webinar 8 More Resources
Navigating the Juvenile Justice System with a Mental Health Challenge A Parent s Guide Interactions between law enforcement and your child can be very scary especially for a child who has a mental health challenge It is best to prepare your child ahead of time for what they could expect if they ever were to have an interaction with law enforcement General Info In what age range can a child be charged in the juvenile justice system A child 10 17 years old has the potential of being charged in the juvenile justice system In PA a child under 10 cannot be charged with a crime other than homicide In very specific circumstances for certain violent felonies a child over 15 can be charged as an adult Can my child be searched without their consent Officers should only perform a search if they have reason to believe that a crime is occurring and that the person is presently armed and dangerous If the officers decide this is the case it is a frisk or a pat down of a person s outer clothing They should not reach into pockets or inside coats Click to define
My child was asked to come to the police station to provide some information Should they go Your child does not need to speak to the police to provide additional information or answer more questions without consulting an attorney first or with one present What kind of information is my child required to give to police officers Your child should tell the officer their name their date of birth and the name and phone number of their parent Things like their school where they were or who they were with are not things they need to disclose Advise your child to only share what is necessary so they don t accidentally incriminate themselves Click to define If asked can my child refused to be searched Your child has the right and should refuse a search Should my child disclose to the police that they have a mental health challenge Yes We know this feels like it s no one s business and it s not but it only helps your child to disclose this information especially if the mental health challenge impacts the way they communicate It helps the officers understand your child s reactions or behaviors and it gets it on the record that you told them about it as soon as possible
How else can I prepare my child for an encounter with the police Sitting down with your child to discuss what a police encounter may look like can help alleviate a lot of anxiety about the unknown Advise your child to always keep their hands visible and be polite and respectful to the officers Your child may have an impulse to run when they feel scared Impress upon them how important it is that they should not ever run from the police The goal of any encounter with the police is for it to end as soon as possible and for them to walk away without any injuries If my child does get detained what should I expect A detention hearing should happen within 72 hours You can bring your own attorney to the detention hearing or your child can be provided with a free one Just because there is a hearing doesn t mean your child will be released they may remain detained If they remain detained the next hearing is within 10 days of the first one The judge could also opt for a home detention with an ankle monitor Interrogations When should my child speak to the police Probably never The officers most likely are not trying to simply gather information your child is more likely a suspect of some kind Their job is to solve a case not help your child
What should I advise my child to say Have your child practice the phrase No thank you I would like a lawyer Should my child reiterate that they have a mental health challenge Yes Practice the sentence with your child _ is my diagnosis and I need help with _ Will they let me speak with my child Yes children should be given the opportunity to consult with an interested adult i e a parent advocate etc How else can I prepare my child for a possible interrogation Let your child know that they can expect to be uncomfortable The officers can purposely make individuals being interrogated uncomfortable but it can be even worse for someone with a disability Remind them that even though they feel uncomfortable it is so important that they don t tell the officers what they want to hear to get themselves out of the situation What they say during an interrogation can and will be used against them Inform your child that it is also 100 legal for the police to lie to them So even if the officers say something like Well your friend told me XYZ they should still not speak You never know what information the police do and do not have and talking can incriminate them
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