Chapter X: The Juvenile Court and Child Welfare

III. SELECTED JUVENILE COURT SYSTEM DEFINTIONS

Juvenile Law is an exceptionally complex process and, as such, the courtroom can be a very intimidating environment for child welfare workers. Much like medicine, the legal profession uses some terminology that is confusing and foreign to everyday language. This may contribute to the apprehension newer workers experience when attending court whereas more seasoned workers may have deduced some of the more complex terminology contextually throughout their exposure to the court process. Some of the more common terms used in the juvenile court setting, along with very brief definitions have been listed below. This list is not intended to be all-inclusive nor are the attending definitions meant to be comprehensive. Terminology may vary from courtroom to courtroom. Combined with regular and careful observation of the court process, developing a working knowledge of juvenile court terminology will assist child welfare staff in becoming more comfortable and confident in working with the court system.

50-B Order - North Carolina General Statutes Chapter 50B provides that victims of domestic violence can get an order of protection from the court. Domestic Violence Restraining Orders ("50B", restraining orders, or DVPO's) are civil orders limiting the contact a person may have with a victim.

Active Efforts – In relation to the Indian Child Welfare Act of 1978, the current and on-going activities to reunite an Indian family.

Adjudication - A hearing to determine whether a child has been maltreated or whether another legal basis exists for the State to intervene to protect a juvenile.

Adjournment / Recess - When the court takes a break either temporarily or to end a particular sessions.

Affidavit - A written statement of facts voluntarily made by a person under an oath or affirmation administered by a person authorized to do so by law.

Affirm – A pledge to tell the truth under oath that is the equivalent to swearing to tell the truth or the formal approval of a trial court’s order by an appellate court.

Appeal – To seek the review of the trial court’s decision by a higher court.

Attorney Advocate - Attorney for the Guardian Ad Litem.

Bailiff / Deputy / Sheriff - The law enforcement officer who is in charge of the courtroom during court proceedings.

Best Interest / Contrary to Welfare of the Child - A child’s right to have a safe permanent home balanced against the rights of the parents. This refers to the IV-E eligibility requirement that must be in the first court order that results in the child’s placement.

Child Planning / Day One Conferences – A meeting, facilitated by a juvenile court case coordinator, comprised of the child (if appropriate), the parents and other relevant parties to determine the next course of action. These conferences, usually held prior to the Non-Secure Custody hearing (7-Day), provide all parties in a juvenile court case the opportunity to talk to each other about how they can help the family and the child. For additional information, refer to the section entitled “Day One Conferences or Child Planning Conferences (CPC)” found in section VII of this chapter.

Clear, Cogent, and Convincing Evidence - Criteria for the burden of proof offered by the State. This is a higher standard than “preponderance of the evidence” used in most civil cases, but a lower standard than “beyond a reasonable doubt” used in criminal cases.

Clerk of Court - The Clerk of Court performs several roles regarding the local administration of justice. In juvenile matters, the clerk of court files the petition, court reports and court orders signed by the judge and disseminates notices of hearings.

Closed Hearing / Session - Only the persons directly involved in the action are present in the courtroom. The general public is not allowed.

Contempt (Civil vs. Criminal) - Contempt is to defy the authority of the court. Civil contempt is the willful failure to do something that the court has ordered. Criminal contempt is an act that obstructs justice.

Consent Order - An order that is entered by the court where all parties have agreed upon the findings, facts and conclusions.

Continuance - An adjournment of a case from one day to another or to a later hour of the same day.

Court Improvement Project – A federally funded initiative sponsored by the Administrative Office of the Courts to assess and improve the court practice in child abuse and neglect cases.

Court Report - A formal written summary of a case prepared for the court that contains past history and present conditions with recommendations for future actions.

Cross Examination - The questioning of a witness by attorneys other then the one who called the person as a witness.

De Facto Father - A person who has been acting in the role of the father of a child but that is not legally recognized. [De Facto - Latin: “in point of fact”]

Defendant / Respondent - The person on a Juvenile Petition alleged to have caused abuse, neglect, or dependency towards a juvenile.

Delinquent / Delinquency - The commitment of an offense by a youth of what would be a crime if he or she were an adult.

Deposition – A witness’s testimony made out-of-court that is reduced to writing for later court use or discovery.

Discovery - A process that allows each party in a case to obtain information relevant to the case from the other parties.

Disposition - Legal resolution to a case, determines what actions will be taken.

District Attorney / Assistant District Attorney - Attorney for the State in a criminal proceeding.

Docket - A formal record in which a judge or court clerk lists the proceedings for a particular court day or week (also sometimes referred to as the calendar).

Emancipation Hearing - A hearing to determine if a juvenile should be considered an adult, this act would free the parent from all legal obligations to the child.

Evidence - Information or objects that tend to prove or disprove the existence of an alleged fact.

Ex Parte Hearing - A hearing in which not all parties are present or given the opportunity to be heard. [Ex-Parte – Latin: “from the part”]

Expunction Hearing - A hearing requested by the Responsible Individual to determine the appropriateness of the county director’s decision to place their name on a list that can be released to certain employers.

Family Court - The term for the recognized judicial districts that requested and were granted additional resources (mostly personnel) to provide case management for family issues, such as custody and abuse, neglect and dependency. For additional information, refer to the section entitled “Family Court” found in section XI of this chapter.

Family Drug Treatment Court - The Family Drug/Dependency Treatment Court (FDTC) works with parent(s) / guardian(s) who are in danger of losing or have lost custody of their children due to abuse or neglect allegations and who have substance abuse issues.

Guardian ad Litem - Statute mandated and court appointed team of an Attorney Advocate and a GAL volunteer to represent the juvenile in court. [ad Litem - Latin: “guardian for the suit”]

Hearsay - An out-of-court statement made by someone other then the witness that is offered for the truth of that statement.

Impeachment - The act of discrediting a witness or the act of challenging the accuracy or authenticity of evidence.

In camera (in-chamber) review - A judge’s private consideration of evidence. [Latin: “in a chamber”]

Indigent Defense Services - A group of attorneys who provide legal defense services to those individuals who are unable to afford them.

Injunction - A court order compelling a party to do or refrain from doing a specified act.

In loco parentis - Acting as a temporary guardian of a child. [Latin: “in place of a parent”]

Judge - A public official appointed or elected to hear and decide legal matters in court.

Judicial Determination / Order - A written directive or command delivered by a court or a judge.

Juvenile Petition - Official document containing allegations of child abuse, neglect, and/or dependency that is typically filed by the local county department of social services (form AOC-J-130)¹.

Jurisdiction - The court’s power or right to exercise authority.

Legal Father - The mother’s husband at the time of the child’s birth regardless of whether the husband is the biological father, recognized by law as the legal parent.

Litigation / Litigant - The process of carrying out a lawsuit, a person who is a party to a lawsuit.

Local Rules: A judicial district’s set of rules or policies, entered as an order by the chief district court judge, that govern the practical aspects of local court procedures, processes and forms. The local rules are an enforceable order of the court.

Magistrate - A judicial officer with limited jurisdiction and authority at the local level.

Mediation - A method of non-binding dispute resolution involving a neutral party.

Motion - A written or oral application requesting a court to make a specified ruling or order.

Order for Non-Secure Custody – A temporary order that places the care, control, placement authority, and maintenance of a juvenile with a local department of social services in foster care (form AOC-J-150)².

Nunc Pro Tunc – Having retroactive legal effect through a court’s inherent power. [Latin “now for then”]

Objection (including overruled and sustained) – Objection: a formal statement opposing something that has occurred or is about to occur in court; Overruled: the act of the court in rejecting a motion or objection made; Sustained: to allow or uphold as valid.

Party to the Action / Proceedings - A person who is named in the petition or has a role in the proceedings.

Preponderance of Evidence – A standard of proof used in most civil cases, including some juvenile cases; meaning “more likely than not.” A judge gives greater weight of the evidence, including credibility, of one party over another.

Pre-Trial Conference - A meeting of all the parties prior to a trial to develop a mutual agreement on the direction of the case and actions to be taken.

Putative Father - The alleged father.

Qualified Expert Witness - A witness who is qualified by knowledge, skill, experience, training or education to provide a scientific, technical or other specialized opinion about the evidence or a fact issue.

Reasonable Efforts to Prevent Removal - The IV-E eligibility requirement that in order to qualify for IV-E funds, there must be a judicial determination that the agency made reasonable efforts to prevent the child's removal from the home. This judicial determination should consist of a description of the specific efforts the agency made or why making the required efforts were not possible and the judge’s finding that the efforts were reasonable or sufficient in the particular circumstance.  This judicial determination must be made within sixty (60) days of the child entering foster care or the child will not be IV-E eligible for the entire episode of care.

Reasonable Efforts to Finalize a Permanent Plan - The IV-E eligibility requirement that in order to qualify for IV-E funds, there must be a judicial determination that the agency made reasonable efforts to finalize the permanent plan of the child. This judicial determination should consist of a statement as to what the permanent plan is or has been, what specific efforts the agency has made to finalize or achieve that plan, and the judges finding that the efforts were reasonable or sufficient in the particular circumstance.  This judicial determination must be made within twelve months of the date the child is considered to have entered care (the earlier of the date of adjudication or 60 days from the entry into foster care) and every subsequent 12 months or the child will be ineligible until the requirement is met.

Recuse - To remove (oneself) as a judge/lawyer in a particular case because of prejudice or conflict of interest.

Relinquishment - The willing abandonment of parents’ rights.

Respondent’s Attorney - Attorney for the person named in the petition.

Review Hearing - A hearing to update the court on the status of the case.

Secure Custody Order - An order that places the care, control and maintenance of a juvenile in a locked facility.

Stipulate / Stipulation - A voluntary agreement between opposing parties concerning a specific point or fact.

Subpoena - An order calling for a person or for material items to be presented before the court.

Summons - A notice requiring an individual to appear in court.

Termination of Parental Rights (TPR) Hearing - A legal proceeding to free a child from a parent’s legal custody so that others can adopt the child.

Testify / Testimony (always Under Oath) - To provide verbal evidence to the court.

Witness - An individual who has first hand knowledge of a situation.

Writ - A court’s written order commanding the addressee to do or refrain from doing some specified act.

Venue - The county of the child’s residence.

Verification – A formal declaration made in the presence of one authorized to administer oaths, such as a notary public or a clerk of court, by which one swears to the truth of the statements in the document.

Many other terms encountered during the course of the court process can be found defined succinctly and thoroughly in Black’s Law Dictionary^{® 3}

¹ Refer to Attachment 4 (AOC-J-130)

² Refer to Attachment 5 (AOC-J-150)

³ Garner, B. (Ed.). (1999) Black’s Law Dictionary (7th ed.). St. Paul: West Group.