Juvenile Justice

General Information

JJ Intake receives and processes referrals from law enforcement agencies and schools. Referrals are reports of delinquent behavior that would be considered a crime or status offense if the juvenile were an adult. These referrals may result in the following actions:

A request to meet with an intake worker at the Department of Social Services that will include
- Explanation of the juvenile's rights to the juvenile and parents.
- Discussion of the offense with the juvenile and parents.
- Informing the juvenile and the parent of the potential consequences of the delinquent behavior.
- Evaluation of the juvenile's risk of further offense.
- Evaluation of the family's needs for support to prevent further delinquent activity.
A determination will be made by the intake worker as to the outcome of the referral/alleged charges and can include one of the following
- The referral is sent to the District Attorney's Office for a review of the alleged charges and a determination of whether a petition will be filed which will require that the juvenile appear in Court.
- A Deferred Prosecution Agreement which is a form of Informal Supervision by a Social Worker that can occur for up to 1 year.
- Counsel/Release - the Juvenile has met with the intake worker and the intake worker has determined that no further services are necessary at this point in time and the case is closed.

Juvenile Justice cases that are referred on to the District Attorney are assigned to the "on-going" services unit. The following actions may be taken by the social worker that handles the case:

Recommends to the Court what supervision and treatment services are needed based on interviews with the family, school, and other providers that may be involved with the Juvenile.
Implements the Court's order for supervision and provides or arranges for the treatment services included in the order.
Keeps the court informed of violations of the order.
Returns to court to seek formal consequences to violations as needed.
Supports the parents in their role of providing care, structure and supervision to the juvenile.
Supports the juvenile in their rehabilitiation efforts.

Frequently Asked Questions

Q: How do I get help if my child is out of control at home, school or in the community?

A: If you feel your child is a danger to himself or others, you should contact law enforcement. If it is not an emergency, you can call the Department of Social Services and speak to the general access worker about services that are available in the community.

Q: How do I get a social worker?

A: Delinquency social workers are assigned to a family after a determination by the intake worker is made, that services are warranted and supervision by the Department is necessary.

Q: What happens when the police/school refer my child to Social Services?

A: When the Department receives a referral from law enforcement or from a school, an intake worker reviews the law enforcement/school referral to determine whether Marathon County has the legal authority to handle the referral and whether the action described in the referral has legal merit.

· The parents and/or guardian of the child involved will be sent a notice requesting that they, along with the child, participate in an intake conference to discuss the referral.

· The conference will assist the intake worker to determine how the case will be handled.

Q: Is there a cost involved?

A:Depending upon family income and services that are provided to the family, the parents will be charged a fee for services provided directly by Social Services, contracted services and placement at the Marathon County Shelter Home and Secure Detention Facility. Families are able to complete a Uniform Fee Scale form that could reduce or eliminate the cost based on the family income.

If the youth is placed in a foster home, group home or in residential treatment the parents will be referred to the Marathon County Child Support Agency to determine their child support obligation while the child in out of the home.

The court also has the responsibility per state statute to order payment for legal representation of the youth if the parents have not retained private legal representation.

Q: Do I need to get an attorney?

A: The Social Services cannot advise you with regard to this decision.

You should know that:

Parents may hire an attorney at their own expense.
If the juvenile desires to be represented by an attorney, the court may appoint a Public Defender.
If in disposing of your child’s case the court is considering a placement in out of home care e.g. foster care, the child will need to be represented by an attorney.

Q: How do I get help if I’m the victim of an offense committed by a juvenile?

A: If law enforcement refers a juvenile responsible for a crime to Juvenile Intake and that juvenile is a resident of Marathon County, you will receive a victim information packet by mail, which includes the following:

A brochure informing you of your rights (Victim Notification and Juvenile Court Process)

A form requesting information about your loss and asking you to describe the effect this crime had on you. (This form needs to be completed and returned to Social Services as notification of your intent to collect damages.)

Social Services can assist victims of juvenile crime through the direct collection of restitution, a referral to Marathon County Restorative Justice Program or by starting civil action on your behalf.

NOTE: Juveniles under age fourteen are limited by law to a maximum restitution assessment of $250.

Q: What do I do if my child does not go to school?

A: If your child is refusing to go to school, immediately contact a teacher, administrator, or counselor at your child’s school and request assistance. You should expect an offer for the following to occur by the school:

To meet with you to discuss your child’s truancy.
An opportunity for educational counseling for your child to determine whether a change in the child’s curriculum could resolve the truancy issue.
An evaluation of your child to determine whether learning problems may be a cause of the truancy and, if so, what steps can be taken to overcome the learning problems.
An evaluation to determine whether social problems may be a cause of the child’s truancy and what appropriate actions or referrals should be taken.

If your child continues to miss school, he/she can be cited by law enforcement and ordered to appear in Truancy Court, or referred to Social Services as a habitual truant.

Q: How do I become emancipated or have my child become emancipated?

A: There is currently no legal process available via the court system to allow emancipation.

Q: Are my juvenile records kept confidential?

A: Specific laws govern the release of information about a juvenile (938.78). Generally, those statutes state to what agency or person the information may be released in order to provide services, protect the community or prosecute a case. The Department will often ask that you sign a release in order to facilitate communication, but in certain circumstances such as a Court Order, a release is not necessary.