The juvenile justice system is distinct from the adult criminal justice system and as such uses a variety of unique terms. Below is a list of some of the most important of these terms, along with definitions for each.
Accountability: “[T]aking responsibility for your behavior and taking action to repair the harm.” (K. Pranis) Under the commonly embraced Balanced and Restorative Justice model, accountability requires answering to the individuals who were impacted and acknowledging responsibility. (Related terms: See graduated sanctions)
Adjudication: A judicial determination (judgment) that a young person is responsible for the delinquency or status offense that is charged in a petition or other charging document. In the juvenile justice system, there is never a finding of “guilt” such as is seen in the adult system. Instead, a young person may be adjudicated delinquent at the end of their case.
Adult Jail/Lockup: A secure facility that is used by state, local government or other law enforcement authorities to detain or confine adults. (Related terms: see jail removal, sight and sound separation.) (34 U.S.C. § 11103(22))
Arrest: Hold time in legal custody, either at the scene of a crime or as a result of investigations. Arrest also can be the result of a complaint filed by a third party, an outstanding warrant, or a revocation of probation or parole.
Best practice: Strategies and programs demonstrated through research and evaluation to be effective at preventing or intervening in juvenile delinquency. Best practice models include program models that have been shown, through rigorous evaluation and replication, to achieve target outcomes. Model programs can come from many valid sources (e.g., OJJDP's Model Programs Guide, Blueprints for Violence Prevention, SAMHSA's National Registry of Evidence-Based Programs and Practices, OJP’s CrimeSolutions.gov, and State model program resources).
Cognitive-behavioral therapy/treatment (CBT): A problem-focused approach designed to help people identify and change the dysfunctional beliefs, thoughts, and patterns of behavior that contribute to their problems. Its underlying principle is that thoughts affect emotions, which then influence behaviors. CBT combines two very effective kinds of psychotherapy—cognitive therapy and behavioral therapy. Cognitive therapy concentrates on thoughts, assumptions, and beliefs. Behavioral therapy concentrates on specific actions and environments that either change or maintain behaviors.
Commitment: A court order giving guardianship of a youth to the state department of juvenile justice or corrections. The facility in which a youth may be placed may be publicly or privately operated and may range from a secure correctional placement to a non-secure or staff-secure facility, group home, foster care, or day treatment setting.
Community-based: Includes a facility, program, or service that is small, such as an open group home or other suitable place located near a young person’s home or family. Community-based also applies to programs of community supervision and service that maintain community and consumer participation in the planning, operation and evaluation of their programs. Such programs may include, but are not limited to, medical, educational, vocational, social and psychological guidance, training, special education, counseling, alcoholism treatment, drug treatment, and other rehabilitative services. (34 U.S.C. § 11103(1))
Continuum of care: This includes a system of service providers working together to provide a smooth transition of services for children and families. The complete range of programs and services is referred to as the continuum of care, usually following a model from identification and referral to assessment, intervention, treatment, through aftercare.
Correctional facility: Any public or private residential facility with construction fixtures or staffing models designed to physically restrict the movements and activities of young people or other individuals that is used for the placement, after adjudication and disposition, of any youth who has been adjudicated as having committed an offense, or of any other individual convicted of a criminal offense.
Court referral: A complaint or petition filed with the juvenile court.
Cultural competency: The ability of service agencies or their staff to understand the world view of clients of different cultures and adapt practices to ensure their effectiveness.
Deinstitutionalization of Status Offenders: One of the core requirements under the Juvenile Justice and Delinquency Prevention Act (JJDPA). This protection prohibits the incarceration of a young person who has engaged in behavior that would not be considered criminal if they were an adult. An exception was later added that permitted detention if such behavior was in violation of a valid order from the court. (34 U.S.C. § 11133(11)(A)(i)(II).
Delinquency: An act committed by a young person that would be criminal if committed by an adult. The juvenile court has jurisdiction over delinquent acts. Delinquent acts include crimes against persons, crimes against property, drug offenses, and crimes against public order. The age of criminal and juvenile court jurisdiction are set by individual states and territories.
Detention: Usually refers to the placement of a youth in a secure facility under court authority at some point between the time of referral to court intake and case disposition. Detention prior to case disposition is known as pre-dispositional detention. At times there is a need for detention after sentencing, known as post-dispositional detention. The reasons for post-dispositional detention generally include awaiting placement, short-term sentencing to detention, or being a danger to self or others.
Detention facility: A secure pre-dispositional/post-dispositional public or private facility (local, regional, or state-run) with construction fixtures or staffing models designed to physically restrict the movements and activities of youth or other individuals that is used for the placement, after adjudication and disposition, of any young person who has been adjudicated as having committed an offense, or of any other individual convicted of a criminal offense. There are generally three types of detention centers: local, regional, and state. Local facilities are owned and operated by one local political jurisdiction. Regional facilities are owned and operated jointly by more than one local political jurisdiction (generally counties). These facilities are eligible to receive youth from each member jurisdiction. State facilities are owned and operated by a state agency. These facilities are eligible to receive youth from designated (or all) localities within the state.
Disposition: A sanction ordered, or treatment plan decided upon or initiated in a particular case by a juvenile court. The range of options available to a court typically includes commitment to an institution; placement in a group or foster home or other residential facility; probation (either regular or intensive supervision); referral to an outside agency, day treatment, or mental health program; or imposition of a fine, community service, or restitution.
Diversion: A mechanism designed to hold youth accountable for their actions by sanctioning behavior and in some cases securing services, but at the same time generally avoiding formal court processing in the juvenile justice system.
Drug Courts: Specialized court docket programs that allow individuals to enter long-term drug treatment and agree to court supervision rather than receive a jail sentence.
Evidence-based: A program or practice that is demonstrated to be effective when implemented with fidelity, and that is based on a clearly articulated and empirically supported theory. Such programs have measurable outcomes relevant to youth justice, including a detailed description of the outcomes produced in a particular population, whether urban, or rural. They have also been scientifically tested and proven through randomized control studies or comparison group students with the ability to replicate and scale. (34 U.S.C. § 11103(34))
Formal processing: Cases that appear on the official court calendar in response to the filing of a petition, complaint, or other legal instrument requesting the court to adjudicate a youth as a delinquent, status offender, or dependent child or to waive jurisdiction and transfer a youth to criminal court for processing as a criminal offender.
Graduated Sanctions: An accountability-based, graduated series of sanctions (including incentives, treatment, and services) used to address behaviors by young people in the juvenile justice system and hold them accountable for their actions. These sanctions also help protect communities from delinquency by providing appropriate sanctions for acts for which a young person is adjudicated delinquent. They are intended to induce law-abiding behavior and prevent future interaction with the justice system. (34 U.S.C. § 11103(24))
Gun Courts: A type of problem-solving courts that intervenes with youths who have committed first time, nonviolent gun offenses that have not resulted in serious physical injury.
Home-based alternative services: Includes services that are provided to a young person in their own home as an alternative to detention. This can include home detention. (34 U.S.C. § 11103(21))
Intake decision: The decision made by juvenile court intake that results in a case being handled informally at the intake level or petitioned and scheduled for an adjudicatory or waiver hearing.
Intervention: Programs or services that are intended to disrupt a young person’s delinquency process, reduce risk factors for delinquency and other negative behaviors, and/or build skills and prevent a youth from penetrating further into the juvenile justice or child welfare systems.
Jail Removal: One of the core requirements under the JJDPA. This protection ensures that young people in the juvenile justice system cannot be placed in an adult jail or lockup. (34 U.S.C. § 11133(a)(13)) The 2018 reauthorization of the JJDPA extended this protection to young people who are awaiting trial in the adult system, with an exception granted for cases where a judge found that it was not in the interest of justice to house a young person in a juvenile facility. (34 U.S.C. § 11133(a)(11)(B))
Juvenile: Broadly understood as a youth at or below the upper age of juvenile court or family court jurisdiction. The upper age varies depending on the state. For example, in some states this term is applied to young people under the age of 18, while in others it is applied to youth under the age of 17. The age threshold is important because it determines if a youth will be processed in the adult criminal justice system or the juvenile justice system. The juvenile label is often synonymous with other terms such as young person or youth.
Lived experience: The things that someone has experienced themselves, especially when these give the person a knowledge or understanding that people who have only heard about such experiences do not have. (Cambridge Dictionary)
Mental Health Court: A court with a specialized docket for certain defendants with mental health disorders.
Needs assessment: Systematic process to acquire an accurate, thorough picture of a youth's strengths and areas of vulnerability. The process is utilized to identify and prioritize treatment goals, develop a treatment plan, determine the appropriate level of supervision, and allocate funds and resources for services.
Non-petitioned (informally handled) cases: Cases that duly authorized court personnel screen for adjustment without the filing of a formal petition. Such personnel include judges, referees, probation officers, other officers of the court, and/or an agency statutorily designated to conduct petition screening for the juvenile court.
Petitioned (formally handled) cases: Cases that appear on the official court calendar in response to the filing of a petition or other legal instrument requesting the court to adjudicate the youth delinquent, or waive the youth to criminal court for processing as an adult.
Post-disposition: The period following the imposition of a sanction ordered or treatment plan decided upon or initiated in a particular case by a juvenile court.
Pre-disposition: The period after the filing of a charge and prior to a sanction ordered or treatment plan decided upon or initiated in a particular case by juvenile court.
Prevention: Efforts that support youth who are "at-risk" of becoming involved in delinquent behavior and help prevent a young person from entering the juvenile justice system as a delinquent. Prevention includes efforts to prevent youth from penetrating further into the juvenile justice system after they have committed a delinquent act; these prevention efforts include arbitration, diversionary or mediation programs, and community service work or other treatment.
Probation: Cases in which youth are placed on informal/voluntary or formal/court-ordered supervision. A violation occurs when a youth violates the terms of the probation.
Promising Practice: A promising practice is one that has been demonstrated to be effective based on positive outcomes relevant to the youth justice system from one or more objective, independent, and scientifically valid evaluations as documented in writing and that are planned for evaluation through a well-designed and rigorous study. (34 U.S.C. § 11103(35))
Racial and Ethnic Disparities: Recognizes that minority youth populations are represented in the juvenile justice system at disproportionately higher rates than their white peers at key decision points (such as arrest, detention, diversion, waiver to adult court, and adjudication). (34 U.S.C. § 11103(41)) One of the core requirements under the JJDPA, states are required to create actionable plans to identify and reduce these disparities. (34 U.S.C. § 11133(a)(15))
Reentry planning: A process included in the JJDPA that helps support young people who are returning to their communities. It includes a written case plan based on an assessment of needs that includes the pre-release and post-release plans for the young person; the living arrangement to which the young person is to be discharged; and any other plans developed for the youth based on an individualized assessment. (34 U.S.C. § 11133(a)(31))
Residential placement: Cases in which youth are placed in a residential correctional or treatment facility, or cases in which youth are otherwise removed from their homes and housed out of home. Residential placements can include secure confinement, residential treatment facilities, nonsecure confinement, group homes, foster care, shelter care, etc.
Resilience: The qualities and factors that may help an individual withstand many negative effects of adversity. These factors include self-esteem, healthy attachment and relationships, autonomy, environmental factors, and other factors that balance exposure to negative or traumatic events.
Restorative Justice: Emphasizes repairing the harm caused by criminal behavior.
School Justice Pathways: A growing pattern of tracking students out of educational institutions, primarily via zero tolerance policies, and directly and/or indirectly, into the juvenile and adult criminal justice systems (Department of Education, 2009).
Serious Crime: Any criminal homicide, forcible rape or other sex offenses punishable as a felony, mayhem, kidnapping, aggravated assault, drug trafficking, robbery, larceny or theft punishable as a felony, motor vehicle theft, burglary or breaking and entering, extortion accompanied by threats of violence, and arson punishable as a felony. (34 U.S.C. § 11103(14))
Sight and Sound Separation: One of the core requirements under the JJDPA. This protection ensures that if young people are held – under rare exceptions - in an adult jail or lockup, that they do not have sight or sound contact with adults who are being detained in the facility. (34 U.S.C. § 11133(a)(12))
Status Offense: An offense that would not be criminal if committed by an adult. (34 U.S.C. § 11103(42)). Specific behaviors that constitute a status offense vary by state but commonly include truancy, curfew violations, incorrigibility, running away, and underage possession and/or consumption of alcohol or tobacco.
Trauma-informed: Means that there is an understanding of the impact that exposure to violence and trauma have on a young person’s physical, psychological, and physiological development. It further recognizes that a young person has been exposed to violence and trauma and is in need of help to recover from the adverse impacts of trauma and provides a response in a manner that resists retraumatization. (34 U.S.C. § 11103(40))
Treatment: Includes but is not limited to medical, educational, special education, social, psychological, and vocational services, corrective and preventative guidance and training and other rehabilitative services designed to protect the public, including services designed to benefit individuals with substance use disorders. (34 U.S.C. § 11103(15))
Truancy: Violation of a compulsory school attendance law.
Valid court order: An order given by a juvenile court judge to a juvenile who was brought before the court and made subject to an order; and who received, before the issuance of such order, the full due process rights guaranteed to such juvenile by the Constitution of the United States.
Valid court order exception: An exception that was added to the Deinstitutionalization of Status Offenders core requirement in the JJDPA. This provision permits the secure/locked detention of a youth who has engaged in behavior that would not otherwise be illegal if they were an adult, but which was in violation of a valid order from the court. (34 U.S.C. § 11133(a)(11)(A)(i)(II)) Such order must have been issued in a manner that ensure the young person received full due process rights guaranteed by the U.S. Constitution. (34 U.S.C. § 11103(16))
Violent Crime: Murder or nonnegligent manslaughter, forcible rape, or robbery or aggravated assault committed with the use of a firearm. (34 U.S.C. § 11103(27))
Waived to criminal court: Cases that originated in juvenile court but are transferred to adult criminal court as the result of a judicial waiver hearing in juvenile court.
Wrap-around Care: A youth-guided, family-driven team planning process that provides coordinated and individualized community-based services for youths and their families to help them achieve positive outcomes.