Juvenile Law

Juvenile Law is an area of the law that is probably the least familiar to the public, and the most important when you find yourself in involved with it.

The Juvenile Court system in Kenosha County is involved with hundreds of children that have been removed from their home or have been determined to be Children in need of Protection and Services. The names of the cases, the children and the families are all confidential, so even when cases involving the juvenile system are discussed in the media, much of the information is omitted. And for good reason, these are the most sensitive and often distressing cases.

A child is sometimes removed from a home due to police involvement or a contact with the Department of Human Services. A social worker investigates the situation and ultimately there will be a social worker appointed to the case. That child or children may go on a temporary basis to a family member or foster family. Any time that a child is removed, there is a Detention hearing to determine if the child will remain outside of the home. At that point, a Guardian ad Litem is appointed to represent the best interest of the child (if the child is age 12 or under). This person is a lawyer who participates in the legal process.

The next hearing is a Detention Review. The District Attorney may file a Petition prior to that hearing. The Petition is a request that the child be found to be a Child in Need of Protection or Services, or CHIPS. Both parents and the Guardian ad Litem are provided with a copy of that Petition along with supporting documentation and information about the options a parent has and about the legal system as it relates to these types of cases. Each party may enter an Admission, Denial, or a No Contest plea to the Petition.

The Admission means that the parent admits to the facts as stated in the Petition. The Denial indicates that the facts are in dispute. A No Contest plea allows the Commissioner to make a finding that the child is need of protection or services without a formal admission of the facts. If one parent enters a plea of Denial, the case will be set over for a Pre-Trial and Trial before a judge. If an Admission or No Contest plea is entered by each of the parties, then a Dispositional hearing is scheduled.

Even when children are removed from the home for an extended period of time, the ultimate goal is to return children home. There are many circumstances that delay that result. The safety and best interest of each child is paramount.

There are certainly no typical or “standard” results in these situations. Every case is examined based on the facts, the history of the child or previous contacts with Social Services, and often the cooperation of the parent or parents involved.

As with every legal situation, you should always consult a lawyer to advise you as to your rights and options under your specific circumstances.