Section 21 TrialbyCourt

• Library: Juvenile Law 2011

There is no right to a trial by jury for a parent or custodian charged with neglect or abuse. The United States Supreme Court’s decision in McKeiver v. Pennsylvania, 403 U.S. 528 (1971), held that due process of law under the Fourteenth Amendment does not require the states to provide a jury trial in juvenile proceedings.

But counsel should keep in mind that nothing in McKeiver changes existing statutory or caselaw allowing jury trials in the juvenile court. The Court merely stated that the right to a jury...