Compare And Contrast Child Requiring Assistance Delinquency

Compare the Child Requiring Assistance, Delinquency, and Youthful Offender proceedings in Massachusetts. Refer to case law and chapter 119 in your answer.

Before I can start to talk about the difference between a Child Requiring Assistance proceeding, Delinquency proceeding, and Youthful Offenders proceedings in Massachusetts, I need to discuss what they are.

Definition of a Child Requiring Assistance, Delinquency, and a Youthful Offender. 119 section 21 defines a CRA, also known as CHINS, as a child between the ages of 6 and 18, who is beyond the control of his/her parent such that the child’s behavior endangers the health, safety, or welfare of the child or other persons. Likewise, 119 Section 52 defines a Delinquent child as

This notice will also contain the date and time of the Preliminary Hearing. In a both delinquency cases and Youthful offender case, a trial is held first and then the sentencing hearing is held. The choice to bring a delinquency case or a youthful offender case lies with the district attorney’s office. The burden of proof in both CRA/CHINS, and Youthful Offender proceedings, is beyond a reasonable doubt. In a CRA/CHINS case, filed by a school, a Juvenile court cannot overturn the schools rule. School Committee of Worcester v. Worcester Juvenile court, 410, Mass 831 (1991). Likewise, in Oscar v. Worcester, 412 Mass. 38 (1992), the court ruled that, a juvenile court cannot recommend a placement at the public’s expense. Moreover, in The Matter of Hillary, 450 Mass. 491 (2008), the court ruled that parents and child are entitled to the right to counsel at a CRA/CHINS hearing. See also 119 section 29.

How do Delinquency case gets

This plea can be withdrawn. If the case goes to trial, and the judge finds beyond a reasonable doubt, the juvenile to be delinquent, the judge has the discretion to impose possible dispositions of: 1) filing the case, which is similar to continue the case without a finding. The judge places the case on file for a certain period of time without making a disposition on the case, with the stipulation that the juvenile completes his probation or whatever the Court ordered. 2) The judge can order probation and assigned a probation office. 3) The judge can commit the juvenile to DCF until their 21st birthday. 4) The judge could also place the juvenile on probation and commit them to DCF until their 21st birthday. To determine the disposition of the juvenile, the juvenile judge will look at the present and long-term safety of the public, by taking into account the event, the juvenile’s age, the victims impact statement, the juveniles probation record, youthful offenders record, the juveniles maturity and past treatment. Certification of reasonable efforts has to be done, if the child is under the age of