10.10. The Structure of the Juvenile Justice System 
ALISON S. BURKE 
The juvenile justice process involves nine major decision points: (1) arrest, (2) referral to court, (3) diversion, 
(4) secure detention, (5) judicial waiver to adult criminal court, (6) case petitioning, (7) delinquency finding/
adjudication, (8) probation, and (9) residential placement, including confinement in a secure correctional 
facility (see Juvenile Justice Process flow chart). 
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The majority of cases are first referred to the juvenile justice system through contact with police. Probation 
officers, school officials, or parents usually refer to the remaining cases. The most common offenses referred 
to court are property offenses (roughly 92%), followed by person offenses (89.5%), drugs (88.2%), and 
general delinquency charges (81.6%). Other referrals come from schools, family, or social workers or 
probation officers. 
At the intake stage, probation officers or attorneys determine whether or not the case needs the attention 
of the juvenile court or if it can be handled informally, such as diversion to probation or a drug treatment 
program. If the case progresses to court, the authorities need to determine if the youth can be released to a 
parent/guardian or if the youth needs to be held in a secure detention center. When determining this, the 
court needs to assess the risk the youth poses to society and if the youth poses a flight risk. In some cases, the 
parent cannot be located or, if located, refuses to take custody of the youth.  In these cases, the juvenile is 
remanded to custody. The decision to detain or release the juvenile will be made by the judge at a detention 
hearing. 
If the case is handled in court, the county attorney needs to file a petition. When the youth has a formal 
hearing, it is called an adjudication rather than a trial in adult court. The adjudication of youth as delinquent 
can result in either dismissal of the charges or confinement at a secure institution. In most juvenile cases, the 
least restrictive option is usually sought, so the youth is usually put on probation or some sort of community 
treatment. Formal processing is less common than informal processing involving diversion or community-
based programming. 
 
1. Sickmund, M., & Puzzanchera, C. (2014). Juvenile offenders and victims: 2014 national report. 
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