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Hurricane Katrina: Legal Issues - Columbus School of Law

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The youth court judge decides on the appropriate measure to deter the child from committing the delinquent act<br />

again.<br />

In making this determination for a child adjudicated delinquent, the youth court judge considers the following factors:<br />

1.<br />

The nature <strong>of</strong> the <strong>of</strong>fense<br />

2.<br />

The manner in which the <strong>of</strong>fense was committed<br />

3.<br />

The nature and number <strong>of</strong> the child’s prior delinquent acts<br />

4.<br />

The child’s need for care and assistance<br />

In making this determination for a child in need <strong>of</strong> supervision, the youth court judge considers the following factors:<br />

1.<br />

The nature and history <strong>of</strong> the child’s conduct<br />

2.<br />

The family and home situation<br />

3.<br />

The child’s need for care and assistance<br />

What Are The Youth Court Judge’s Options For A Child Who Is Adjudicated Delinquent?<br />

The youth court judge may:<br />

1.<br />

Release the child without further action<br />

2.<br />

Place the child in the custody <strong>of</strong> a child’s parent(s), relative, guardian, or any other person<br />

3.<br />

Place the child on probation<br />

4.<br />

Order terms <strong>of</strong> treatment designed to help the child and the child’s parent(s) or guardian<br />

5.<br />

Order terms <strong>of</strong> supervision (like participation in a program, service, education, civil fine, or restitution)<br />

6.<br />

Suspend the child’s driver’s license for no more than 1 year<br />

7.<br />

Give legal custody to: (1) DHS for appropriate placement; (2) any public or private organization that can<br />

assume the education, care and maintenance <strong>of</strong> the child; or (3) DHS for placement in a wilderness training<br />

program or a training school<br />

8.<br />

Recommend that the child attend and participate in the Youth Challenge Program under the Mississippi<br />

National Guard<br />

9.<br />

Order the child to the Statewide Juvenile Work Program<br />

10.<br />

Order the child to participate in a youth court work program<br />

11.<br />

Order the child into a juvenile detention center<br />

What Are The Youth Court Judge’s Options For A Child That Is Adjudicated A Child In Need Of<br />

Supervision?<br />

The youth court judge may:<br />

1.<br />

Release the child without further action<br />

2.<br />

Place the child in the custody <strong>of</strong> the parents, relative, guardian, or any other person<br />

3.<br />

Place the child under youth court supervision<br />

4.<br />

Order terms <strong>of</strong> treatment designed to help the child and the child’s parents or guardian<br />

5.<br />

Order terms <strong>of</strong> supervision (like participation in a program, service, education, civil fine, or restitution)<br />

6.<br />

Give legal custody to any <strong>of</strong> the following but in no event to any training school: (1) DHS for appropriate<br />

placement, which may include a wilderness training program; or (2) any public or private organization that can<br />

assume the education, care and maintenance <strong>of</strong> the child<br />

7.<br />

Order the child to participate in a youth court work program<br />

8.<br />

Order drug testing<br />

If A Child Is Adjudicated Delinquent, Does The Child Have A Criminal Record?<br />

No. A youth court proceeding is not a criminal proceeding; it is a civil proceeding. The child’s “record” is

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