The Juvenile Justice Process has various different decision points. The major decision points in this process are: (1) arrest, (2) referral to court, (3) diversion (at multiple points in the process), (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. These can be seen in figure 10.3. in the Juvenile Justice Case Flow Diagram.

Figure 10.3. A Juvenile Justice System Flow Chart noting decision points along the path.

The majority of cases are first referred to the juvenile justice system through contact with police. Probation officers, school officials, or parents usually refer the remaining cases. The most common offenses referred to juvenile court are person offenses (~32.5 percent), followed by property offenses (~30 percent), public order offenses (~25.5 percent), and drugs (~13.5 percent) (Hockenberry, 2022). Other referrals come from schools, families, 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 through 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.

The county attorney must file a petition if the case is handled in court. When the youth has a formal hearing, it is called an adjudication rather than a trial in adult court. The adjudication of a 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 community treatment. Formal processing is less common than informal processing involving diversion or community-based programming.