5.1 Intake and Diversion

• Library: Juvenile Law and Practice in Virginia (Virginia CLE) (2018 Ed.)

5.1 INTAKE AND DIVERSION

5.101 Introduction. The intake stage is a unique feature of the juvenile justice process. At this point of first contact, a juvenile court intake officer must determine whether probable cause exists to charge a juvenile with a violation of law. If no probable cause exists, the juvenile never enters the justice system. If the intake officer determines that probable cause exists, however, the next determination is whether to divert the juvenile to some other agency or to a program operated by the court, or to file a petition that will initiate formal court action. Diversion is a widely celebrated goal of the juvenile justice system. Properly used, diversion can allow the juvenile to avoid the pejorative labeling of a child in a formal adjudication. According to the Virginia Department of Juvenile Justice, there were 41,488 juvenile intake cases in Fiscal Year 2016. Out of those cases, 7,617 complaints were diverted.

The intake process is insulated from the subsequent adjudicatory stages in several ways. First, statements the juvenile makes at intake are inadmissible during any later proceedings ¹ In addition, the intake officer is given broad discretion in deciding what action is appropriate: whether to file a petition or to divert the juvenile to "informal adjustment" or "informal probation" programs within or outside the court. Diversion services must be agreed to by the juvenile and his or her parents and supervision can be implemented for a period of 90 days for a truancy complaint and 120 days for all other offenses. ² However, a complaint involving violent juvenile felonies always results in the filing of a petition if probable cause is found. ³ Likewise, a petition must issue on a complaint when there has been a prior diversion or adjudication on a felony offense or a second or subsequent truancy complaint. ⁴ Each court service unit (CSU) must comply with the guidelines for diversion of juvenile offenders, and the practice of each community should be investigated by a practitioner in the juvenile court.

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5.102 Initiation of Case by Petition or Otherwise. Most matters within the jurisdiction of juvenile and domestic relations district courts are initiated by filing a petition. ⁵ Complaints and requests for the processing of petitions to initiate a case are the responsibility of the intake officer, ⁶ who is a juvenile probation officer appointed to serve as an intake officer. ⁷ Two-way electronic video and audio communication are permissible for the appearance of a youth before an intake officer, and electronic facsimile (fax) machines or other electronic method may be used to transmit documents. The intake officer can exercise all powers otherwise provided by law while using such a process. ⁸

Not every case begins with a petition. A law enforcement officer may initiate proceedings regarding certain violations by summons instead of by filing a petition with juvenile intake. ⁹ These violations include traffic offenses, bicycle or pedestrian offenses, ordinances pertaining to surfing, curfew, littering, and animal control or game and fish law matters. Also, if there is probable cause, a magistrate may issue a warrant and detention order directly in rare cases when the juvenile court is not open and the judge and intake officer are "not reasonably available," meaning that they could not arrive to handle the complaint within one hour after contact. ¹⁰

Not all petitions are routed through the juvenile intake officer. The commonwealth's attorney may elect to file a petition directly with the clerk of court. The department of social services may also file petitions for child support, foster care review, permanency planning hearings, and for establishing paternity, as well as motions to establish or modify support, to amend or review an order, and for a rule to show cause directly with the court. ¹¹ In addition, an attorney may file a petition on behalf of a client unless the petition alleges that the child is in need of services, in need of supervision, or delinquent, ¹² in which case the petition must be reviewed by the court intake

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officer. ¹³ Complaints that allege abuse and neglect of a child must be initially referred to the local department of social services for investigation or assessment by child protective services. ¹⁴

An individual who is receiving child support services through the Division of Child Support Enforcement (DCSE) or any other public assistance still has the right to file a petition or motion to establish, modify, or enforce an order for support of a child. If a person is seeking or...