Juvenile Rights by State (2026)
About this article
Sourced from primary statutes (U.S. Code, CFR, state compiled statutes) and official government agency guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
Compare by state
Statute citations are verified per state. Select a state to jump to its full section below.
| Primary statute | |
|---|---|
| Alabama | Alabama Juvenile Justice Act, Ala. Code § 12-15-101 et seq. |
| Alaska | Alaska Juvenile Delinquency — Alaska Stat. § 47.12 |
| Arizona | A.R.S. § 8-327 — Arizona transfer of juvenile to adult court (eligible from age 14) |
| Arkansas | Arkansas Juvenile Code, Ark. Code § 9-27-301 et seq. |
| California | California Welfare & Institutions Code § 200 — Juvenile Court Law |
| Colorado | C.R.S. § 19-2.5-101 et seq. — Colorado Children's Code (juvenile delinquency proceedings) |
| Connecticut | CGS § 46b-120 et seq. — Juvenile matters |
| Delaware | Delaware Family Court Juvenile Jurisdiction, 10 Del. C. Ch. 9 |
| District of Columbia | D.C. Juvenile Proceedings, D.C. Code § 16-2301 et seq. |
| Florida | Florida Juvenile Justice Act, Fla. Stat. Ch. 985 |
| Georgia | Georgia Juvenile Code, O.C.G.A. § 15-11-1 et seq. |
| Hawaii | Hawaii Family Court Jurisdiction — HRS § 571-11 |
| Idaho | Idaho Code § 20-501 et seq. — Idaho Juvenile Corrections Act |
| Illinois | 705 ILCS 405 — Illinois Juvenile Court Act (rehabilitation focus, confidential records) |
| Indiana | Indiana Code § 31-37 — juvenile delinquency proceedings |
| Iowa | Iowa Code § 232.11 — Iowa Juvenile Rights Upon Custody (parental notification; right to counsel) |
| Kansas | K.S.A. § 38-2301 — Kansas Juvenile Justice Code |
| Kentucky | KRS Chapter 610 — Kentucky Unified Juvenile Code |
| Louisiana | Louisiana Children's Code, La. Ch.C. Art. 301 et seq. |
| Maine | 15 M.R.S.A. § 3001 et seq. — Maine Juvenile Code |
| Maryland | Maryland Juvenile Causes Act, MD Code, Courts & Judicial Proceedings § 3-8A-01 et seq. |
| Massachusetts | MGL c. 119, §§ 52–63 — Massachusetts juvenile delinquency proceedings |
| Michigan | Michigan Juvenile Code, MCL § 712A — jurisdiction and proceedings for minors |
| Minnesota | Minn. Stat. § 260B.163 — Rights of Juveniles |
| Mississippi | Miss. Code Ann. § 43-21-101 et seq. — Mississippi Youth Court Act |
| Missouri | Missouri Juvenile Code, RSMo § 211.011 |
| Montana | Mont. Code Ann. Title 41, Ch. 5 — Montana Youth Court Act |
| Nebraska | Neb. Rev. Stat. § 43-245 — Nebraska Juvenile Code |
| Nevada | NRS Chapter 62 — Juvenile Justice System |
| New Hampshire | RSA 169-B — NH Juvenile Delinquency Code |
| New Jersey | NJ Code of Juvenile Justice, N.J.S.A. 2A:4A-20 |
| New Mexico | NMSA § 32A-1-1 et seq. — New Mexico Children's Code (juvenile proceedings) |
| New York | NY Family Court Act Article 3 — juvenile delinquency proceedings |
| North Carolina | N.C. Gen. Stat. Ch. 7B — NC Juvenile Code |
| North Dakota | N.D. Cent. Code § 27-20 — Juvenile Court Act |
| Ohio | Ohio Rev. Code Chapter 2152 — Ohio Juvenile Code |
| Oklahoma | Oklahoma Juvenile Code, 10A Okl. St. § 2-1-101 et seq. |
| Oregon | Oregon Juvenile Delinquency Code — ORS Chapter 419C |
| Pennsylvania | Pennsylvania Juvenile Act, 42 Pa.C.S. § 6301 |
| Rhode Island | R.I. Gen. Laws § 14-1-1 et seq. — Juvenile Court proceedings |
| South Carolina | SC Children's Code, S.C. Code § 63-19-10 et seq. |
| South Dakota | SDCL Ch. 26-7A — Juvenile Proceedings |
| Tennessee | TCA § 37-1-101 et seq. — Tennessee Juvenile Court Act |
| Texas | Texas Juvenile Justice Code, Tex. Fam. Code Title 3 |
| Utah | Utah Juvenile Court Act — Utah Code § 78A-6 |
| Vermont | 33 V.S.A. § 5101 et seq. — Vermont Juvenile Proceedings Act |
| Virginia | Virginia Juvenile Court Jurisdiction, Va. Code § 16.1-241 et seq. |
| Washington | Washington Juvenile Justice Act, RCW 13.40 |
| West Virginia | W. Va. Code § 49-4-701 et seq. — Juvenile proceedings |
| Wisconsin | Wis. Stat. § 938 — Wisconsin Juvenile Justice Code |
| Wyoming | Wyo. Stat. § 14-6-201 et seq. — Wyoming Juvenile Justice Act |
What is this right?
Until 1967, kids in juvenile court basically had no due process rights. The system was supposed to be "protective," so the rules of adult criminal procedure didn't apply — until the Supreme Court reviewed the case of Gerald Gault, a 15-year-old in Arizona sentenced to up to six years in a state industrial school for an obscene phone call to a neighbor. In re Gault (1967) ended that. Juveniles in delinquency proceedings have the right to notice, the right to counsel, the right to confront witnesses, and the privilege against self-incrimination — the same constitutional baseline as adults, plus extra protections because they're children.
The Supreme Court has built on that since. Roper v. Simmons (2005) ended the death penalty for juvenile offenders. Graham v. Florida (2010) banned life without parole for non-homicide juvenile crimes. Miller v. Alabama (2012) ended mandatory life without parole for any juvenile. J.D.B. v. North Carolina (2011) said an officer has to factor a child's age into the Miranda custody analysis. The basic premise is that kids are "constitutionally different" — less culpable, more vulnerable to pressure, more capable of growing into different adults than the kids they were.
When does it apply?
These protections kick in when:
- Someone under 18 (under 17 in some states) is questioned, detained, or arrested by police.
- A juvenile is charged with a delinquent act — the juvenile-court equivalent of a crime.
- A juvenile is facing transfer to adult court for a serious offense.
- A juvenile is in a detention facility or on probation.
The constitutional toolkit:
- Right to counsel. Every juvenile has the right to an attorney in delinquency proceedings. Can't afford one, the court appoints one. In re Gault.
- Right against self-incrimination. Juveniles can remain silent. Statements taken without proper Miranda warnings — or in many states without a parent or guardian present — can be suppressed.
- No death penalty for crimes committed under 18. Roper v. Simmons.
- No mandatory life without parole for any juvenile. Judges have to consider youth as a mitigating factor. Miller v. Alabama.
Three myths:
- "Juveniles don't have rights." Pre-Gault thinking. Since 1967, juveniles in delinquency proceedings have virtually the full adult due process toolkit, plus age-specific protections.
- "Juvenile records are always sealed." Wildly varies by state. Some seal automatically at 18; others require an affirmative petition; some serious offenses can never be sealed.
- "Kids can't be tried as adults." Most states allow transfer for serious crimes (murder, armed robbery, sex offenses). Some allow transfer as young as 13 or 14. Once transferred, the protections of juvenile court mostly fall away.
What to Do If Your Child Is Questioned or Arrested
Step 1 (for parents): Drill the line into your kid before anything happens: "I want my parent and a lawyer before I answer any questions." Then get to them as fast as you possibly can.
Step 2: Don't let them be interrogated alone. The Reid technique and similar interrogation methods were designed for adults and produce false confessions in juveniles at a rate several times the adult rate. Studies of exonerated juveniles show 35% or more falsely confessed under interrogation pressure.
Step 3: Request the court-appointed attorney immediately if you can't afford one. Every juvenile has this right under Gault.
Step 4: Push for the detention hearing. Detained juveniles are entitled to a hearing — usually within 24 to 72 hours, depending on the state — where a judge decides if continued detention is necessary. Most kids should be released to a parent.
Step 5: Ask about diversion. Many juvenile courts offer diversion programs — community service, counseling, restitution — that resolve the case without a formal adjudication on the record. The attorney can tell you what's available locally.
What should you NOT do?
Don't let your child talk to police alone. The single most important rule. The research on juvenile false confessions is grim and well-established.
Don't assume juvenile court is lenient. Detention, probation, residential placement, sex-offender registration in some cases. The system is rehabilitation-oriented in theory; in practice, the consequences can be severe.
Don't shrug off the case because the kid is young. Juvenile adjudications can show up in college applications, military enlistment screening, certain professional licensing, and adult sentencing enhancements down the road.
Don't waive rights under pressure. Parents get pulled into the station and asked to sign forms waiving the child's rights. Don't sign anything without a lawyer.
Worked example
ScenarioPolice want to question your 14-year-old at the station about an incident, without you or a lawyer present.
OutcomeJuveniles have the right to remain silent and to a lawyer (In re Gault), and many states require parental notification or presence before questioning a minor. Your child can say they want a parent and a lawyer and decline to answer. Statements taken improperly may be challenged in court.
Verified against In re Gault (387 U.S. 1) — juveniles' due-process rights to notice, counsel, and against self-incrimination. Parental-notification rules are state-specific; see your state's section. Not legal advice.
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Common Questions
Do juveniles have the right to a lawyer?
Yes. In re Gault established that juveniles facing delinquency proceedings have the right to notice of the charges, to be represented by a lawyer (appointed if they can't afford one), to confront witnesses, and against self-incrimination. These mirror key adult protections.
Can police question my child without me there?
Many states require that a parent be notified or present before questioning a minor, and some require a lawyer. Your child always has the right to remain silent and to ask for a parent and a lawyer. Improperly obtained statements can be challenged. See your state's section above.
Are juvenile records permanent?
Often not. Many states keep juvenile records confidential and allow sealing or expungement after a period or at adulthood, especially for less serious offenses. The process and eligibility vary widely — check your state's section above.
Can a juvenile be tried as an adult?
Sometimes. States have rules for transferring serious cases to adult court, often based on age and offense, and the consequences are much more severe. If your child faces possible transfer, getting a lawyer immediately is critical. Your state's section above explains local rules.
What rights does my child have during school questioning?
Schools have somewhat broader authority than police, but students still have rights, and police involvement can raise Miranda concerns. Your child can say they want a parent and a lawyer. The specifics depend on your state — see its section above.
State-by-state details
Alabama
Primary statute: Alabama Juvenile Justice Act, Ala. Code § 12-15-101 et seq.
Full Alabama guide →Alaska
Primary statute: Alaska Juvenile Delinquency — Alaska Stat. § 47.12
Full Alaska guide →Arizona
Primary statute: A.R.S. § 8-327 — Arizona transfer of juvenile to adult court (eligible from age 14)
Arizona's juvenile justice system has specific rules and protections under the Arizona Juvenile Code:
- The Arizona Juvenile Code (A.R.S. Title 8, Chapter 3) governs proceedings for minors accused of delinquent acts
- Arizona can transfer juveniles to adult court starting at age 14 for serious offenses including murder, forcible sexual assault, armed robbery, and other violent crimes
- Proposition 102 (1996) allows public access to some juvenile court proceedings and records for serious crimes (felony offenses)
- Juvenile records are generally confidential except for serious offenses covered by Proposition 102
- Arizona has diversion programs and community-based alternatives to formal prosecution for eligible juveniles
- Juveniles have the right to counsel, and the court must appoint an attorney if the family cannot afford one
- Arizona juvenile courts focus on rehabilitation, but serious offenses can result in commitment to the Arizona Department of Juvenile Corrections
Arkansas
Primary statute: Arkansas Juvenile Code, Ark. Code § 9-27-301 et seq.
Arkansas provides special protections for juveniles under the Arkansas Juvenile Code:
- The Arkansas Juvenile Code (Ark. Code § 9-27-301 et seq.) governs proceedings involving persons under age 18
- Juveniles have Miranda rights — statements made without proper warnings are inadmissible; courts closely scrutinize voluntariness of juvenile waivers
- Police should make reasonable efforts to notify a parent or guardian before or immediately after taking a juvenile into custody
- Juvenile records are generally confidential — they are not public record and can often be sealed or expunged
- Arkansas may try juveniles as adults for serious felonies (capital murder, first-degree murder, rape, kidnapping, etc.) depending on age and circumstances
- Juveniles are entitled to an attorney in delinquency proceedings — if the family cannot afford one, one must be appointed
California
Primary statute: California Welfare & Institutions Code § 200 — Juvenile Court Law
Full California guide →Colorado
Primary statute: C.R.S. § 19-2.5-101 et seq. — Colorado Children's Code (juvenile delinquency proceedings)
Full Colorado guide →Connecticut
Primary statute: CGS § 46b-120 et seq. — Juvenile matters
Connecticut has a progressive juvenile justice system with strong protections for minors:
- Connecticut's juvenile court jurisdiction applies to children under age 18
- Connecticut raised the age of juvenile jurisdiction to 18 in 2010 (previously 16) — a significant reform
- Connecticut can transfer juveniles to adult court for serious offenses — but only for children age 15 or older charged with certain serious felonies
- Parents or guardians must be notified when a juvenile is taken into custody
- Juvenile records are generally confidential and can be automatically erased under Connecticut law for eligible cases
- Connecticut has invested heavily in community-based alternatives to incarceration, including the Juvenile Review Board diversion program
- Juveniles have the right to counsel, and the court must appoint an attorney if the family cannot afford one
- Connecticut's PROTECT Act requires electronic recording of custodial interrogations of juveniles
Delaware
Primary statute: Delaware Family Court Juvenile Jurisdiction, 10 Del. C. Ch. 9
Full Delaware guide →District of Columbia
Primary statute: D.C. Juvenile Proceedings, D.C. Code § 16-2301 et seq.
Full District of Columbia guide →Florida
Primary statute: Florida Juvenile Justice Act, Fla. Stat. Ch. 985
Full Florida guide →Georgia
Primary statute: Georgia Juvenile Code, O.C.G.A. § 15-11-1 et seq.
Georgia's juvenile justice system has specific age thresholds and transfer provisions:
- Juvenile court jurisdiction: Applies to children under age 17 (Georgia raised the age from 16 to 17)
- Transfer to adult court: Georgia courts can transfer juveniles to adult court for serious offenses
- 'Seven Deadly Sins' provision: Certain violent felonies (murder, armed robbery with a firearm, kidnapping, rape, aggravated child molestation, aggravated sodomy, aggravated sexual battery) result in automatic transfer to adult court for children 13 and older
- Evidence-based programs: Georgia has expanded evidence-based juvenile programs and alternatives to incarceration
- Juvenile records may be sealed or restricted in Georgia
- Parents have a right to be present during juvenile proceedings
Hawaii
Primary statute: Hawaii Family Court Jurisdiction — HRS § 571-11
Hawaii's juvenile justice system emphasizes rehabilitation and culturally responsive practices:
- Hawaii's Family Court has jurisdiction over juvenile offenses for youth under 18 years old (HRS § 571-11)
- Juveniles have the right to an attorney at all stages — if they cannot afford one, one will be appointed
- Parents or guardians must be notified promptly when a juvenile is taken into custody
- Juvenile records are generally confidential and may be expunged (HRS § 571-88)
- Hawaii allows waiver to adult court for serious offenses committed by minors age 16 and older in certain circumstances
- Hawaii emphasizes diversion programs and community-based alternatives, including culturally responsive programs that incorporate Hawaiian cultural practices
- Juveniles have the right against self-incrimination and must receive Miranda warnings during custodial interrogation
- The Hawaii Youth Correctional Facility focuses on rehabilitation, education, and reentry preparation
Idaho
Primary statute: Idaho Code § 20-501 et seq. — Idaho Juvenile Corrections Act
Idaho's juvenile justice system handles cases for youth under 18 with a focus on rehabilitation:
- The Idaho Juvenile Corrections Act (Idaho Code § 20-501 et seq.) governs juvenile proceedings
- Juveniles have the right to an attorney at all stages — if they cannot afford one, one will be appointed
- Parents or guardians must be notified promptly when a juvenile is taken into custody
- Juvenile records are generally confidential and may be expunged under certain conditions (Idaho Code § 20-525A)
- Idaho allows transfer (waiver) to adult court for serious offenses committed by juveniles age 14 and older
- Idaho emphasizes diversion programs and community-based alternatives for lower-level offenses
- Juveniles have the right against self-incrimination and must receive Miranda warnings during custodial interrogation
Illinois
Primary statute: 705 ILCS 405 — Illinois Juvenile Court Act (rehabilitation focus, confidential records)
Full Illinois guide →Indiana
Primary statute: Indiana Code § 31-37 — juvenile delinquency proceedings
Indiana's juvenile justice system operates under the Juvenile Law provisions of IC § 31:
- Indiana juvenile courts have jurisdiction over minors accused of delinquent acts (IC § 31-37)
- Indiana juvenile courts focus on rehabilitation rather than punishment
- Indiana can waive juveniles to adult court for serious offenses — typically starting at age 14 for certain felonies (IC § 31-30-3)
- Juvenile records are generally confidential in Indiana, with limited exceptions for serious offenses
- Juveniles have the right to counsel, and the court must appoint an attorney if the family cannot afford one (IC § 31-32-5)
- Indiana has diversion programs and community-based alternatives to formal prosecution
- Indiana law requires that a juvenile's parent or guardian be notified when the juvenile is taken into custody
Iowa
Primary statute: Iowa Code § 232.11 — Iowa Juvenile Rights Upon Custody (parental notification; right to counsel)
Iowa provides special protections for juveniles under the Iowa Juvenile Justice Code:
- The Iowa Juvenile Justice Code (Iowa Code § 232) governs proceedings involving persons under age 18
- Juveniles have Miranda rights — Iowa Code § 232.11 requires officers to notify a parent or guardian before or shortly after taking a juvenile into custody and before interrogation
- Statements made without proper notification or without understanding of rights may be suppressed
- Iowa requires electronic recording of interrogations of juveniles who are in custody for class A or B felonies
- Juvenile records are generally confidential and may be expunged upon reaching age 18 or after a period of good conduct
- Iowa may transfer juveniles to adult court for serious offenses (homicide, sexual abuse, robbery with a dangerous weapon) after a hearing
- Juveniles are entitled to appointed counsel in delinquency proceedings
Kansas
Primary statute: K.S.A. § 38-2301 — Kansas Juvenile Justice Code
Kansas's juvenile justice system operates under the Kansas Juvenile Justice Code:
- The Kansas Juvenile Justice Code (K.S.A. § 38-2301 et seq.) governs proceedings for minors accused of delinquent acts
- Kansas juvenile courts focus on rehabilitation and community-based alternatives
- Kansas can prosecute juveniles as adults for serious offenses — typically starting at age 14 for certain felonies (K.S.A. § 38-2347)
- Kansas enacted significant juvenile justice reforms in 2016 (SB 367), emphasizing evidence-based practices and reducing incarceration for low-risk youth
- Juvenile records are generally confidential in Kansas, with limited exceptions for serious offenses
- Juveniles have the right to counsel, and the court must appoint an attorney if the family cannot afford one
- Kansas has diversion programs and restorative justice alternatives to formal prosecution
Kentucky
Primary statute: KRS Chapter 610 — Kentucky Unified Juvenile Code
Kentucky's juvenile justice system provides protections under the Kentucky Unified Juvenile Code:
- The Kentucky Unified Juvenile Code (KRS Chapter 610) governs proceedings for minors accused of public offenses
- Juvenile court jurisdiction applies to children under age 18
- Kentucky can transfer juveniles to adult court for serious offenses — youthful offenders charged with felonies may be transferred at age 14 or older
- Parents or guardians must be notified when a juvenile is taken into custody
- Juvenile records are generally confidential and may be sealed or expunged
- Kentucky has diversion programs and community-based alternatives to formal prosecution
- Juveniles have the right to counsel, and the court must appoint an attorney if the family cannot afford one
Louisiana
Primary statute: Louisiana Children's Code, La. Ch.C. Art. 301 et seq.
Louisiana's juvenile justice system provides specific protections for minors under the Children's Code:
- Juvenile court jurisdiction: Juvenile courts have jurisdiction over children under age 18 (raised from 17 in 2016)
- Transfer to adult court: Louisiana can transfer juveniles age 15 and older to adult court for certain serious offenses (La. Ch.C. Art. 305)
- Transfer hearing: A transfer hearing is required — the court considers the nature of the offense, the juvenile's background, and the prospects for rehabilitation
- Juvenile records: Louisiana juvenile records are generally confidential. Expungement is available under La. Ch.C. Art. 918
- Parents have a right to be present during juvenile proceedings
- Louisiana has expanded diversion and restorative justice programs for juvenile offenders
Maine
Primary statute: 15 M.R.S.A. § 3001 et seq. — Maine Juvenile Code
Full Maine guide →Maryland
Primary statute: Maryland Juvenile Causes Act, MD Code, Courts & Judicial Proceedings § 3-8A-01 et seq.
Full Maryland guide →Massachusetts
Primary statute: MGL c. 119, §§ 52–63 — Massachusetts juvenile delinquency proceedings
Massachusetts has been a national leader in juvenile justice reform with strong protections for young people:
- The MA Juvenile Court has jurisdiction over delinquency cases (MGL c. 119)
- MA cannot try juveniles under age 12 in any court — they are treated exclusively through the child welfare system
- MA raised the juvenile age to include 18-year-olds for most offenses (effective 2023), meaning 18-year-olds charged with most crimes are processed through Juvenile Court
- Juvenile records are confidential and sealed from public access — they do not appear on standard background checks
- Juveniles have the right to counsel at all stages, and MA provides stronger Miranda protections for juveniles (must consult an "interested adult" before waiving rights)
- MA has expanded diversion and restorative justice programs as alternatives to formal prosecution
- Life without parole for juveniles has been eliminated in MA following Diatchenko v. District Attorney (2013)
Michigan
Primary statute: Michigan Juvenile Code, MCL § 712A — jurisdiction and proceedings for minors
Michigan's juvenile justice system provides special protections for minors under the Michigan Juvenile Code:
- The Michigan Juvenile Code (MCL § 712A) governs juvenile proceedings — family court has jurisdiction over minors
- Raise the Age: Michigan raised the age of juvenile jurisdiction — 17-year-olds now remain in the juvenile system (effective October 2021)
- Michigan courts can waive juveniles to adult court for serious offenses, but must consider statutory factors
- Juvenile records are generally confidential and not available to the public
- The Holmes Youthful Trainee Act (HYTA) allows courts to place offenders ages 17-24 on youthful trainee status — if completed successfully, the conviction is never entered on their public record
- Juveniles have the right to an attorney at all stages of proceedings — if they cannot afford one, the court appoints counsel
- Michigan requires juvenile Miranda protections including opportunity to consult with a parent or guardian
Minnesota
Primary statute: Minn. Stat. § 260B.163 — Rights of Juveniles
Full Minnesota guide →Mississippi
Primary statute: Miss. Code Ann. § 43-21-101 et seq. — Mississippi Youth Court Act
Mississippi provides special protections for juveniles under the Mississippi Youth Court Act:
- The Mississippi Youth Court Act (Miss. Code Ann. § 43-21-101 et seq.) governs proceedings involving persons under age 18
- Juveniles have Miranda rights — statements made without proper warnings may be suppressed; Mississippi courts scrutinize the voluntariness of juvenile waivers
- Officers should make reasonable efforts to notify a parent or guardian before or immediately after taking a juvenile into custody
- Youth Court proceedings are generally confidential — records are not public and may be expunged
- Mississippi may transfer juveniles to adult court for serious crimes (capital murder, murder, rape, kidnapping, etc.) — the Youth Court must hold a transfer hearing
- Juveniles are entitled to appointed counsel in delinquency proceedings
Missouri
Primary statute: Missouri Juvenile Code, RSMo § 211.011
Missouri provides special protections for juveniles under the Missouri Juvenile Code:
- The Missouri Juvenile Code (RSMo § 211) governs proceedings involving persons under age 17 (Missouri's age of juvenile jurisdiction)
- Juveniles have Miranda rights — RSMo § 211.059 requires law enforcement to attempt to notify the parent or guardian before interrogation and inform the juvenile of their rights
- Statements made without proper notification or without understanding of rights may be suppressed
- Juvenile records in Missouri are generally closed to the public — access is limited and records may be eligible for expungement
- Missouri may certify juveniles as adults for serious offenses (murder, rape, robbery, serious assault) — a certification hearing is required
- Juveniles are entitled to appointed counsel in delinquency proceedings
- Missouri has enacted juvenile justice reforms to reduce recidivism and improve outcomes
Montana
Primary statute: Mont. Code Ann. Title 41, Ch. 5 — Montana Youth Court Act
Full Montana guide →Nebraska
Primary statute: Neb. Rev. Stat. § 43-245 — Nebraska Juvenile Code
Nebraska's juvenile justice system emphasizes rehabilitation over punishment:
- The Nebraska Juvenile Code (Neb. Rev. Stat. § 43-245 et seq.) governs juvenile proceedings for youth under 18 years old
- Juveniles have the right to an attorney at all stages — if they cannot afford one, a public defender will be appointed
- Parents or guardians must be notified promptly when a juvenile is taken into custody
- Juvenile records are confidential and generally sealed from public access
- Nebraska allows transfer to adult court for serious offenses committed by juveniles age 14 and older — the county attorney files a motion
- Nebraska emphasizes diversion programs and community-based alternatives to detention for non-violent offenses
- Juveniles have the right against self-incrimination and must receive Miranda warnings during custodial interrogation
Nevada
Primary statute: NRS Chapter 62 — Juvenile Justice System
Nevada's juvenile justice system provides specific protections under the Nevada Juvenile Justice chapter:
- The Nevada Juvenile Justice chapter (NRS Title 5, Chapter 62) governs proceedings for minors accused of delinquent acts
- Nevada can certify juveniles as adults starting at age 16 for serious offenses, or age 14 for certain violent felonies (NRS 62B.390)
- Juvenile records are generally confidential and may be sealed upon application after rehabilitation
- Juveniles have the right to counsel, and the court must appoint an attorney if the family cannot afford one
- Nevada has diversion programs and community-based alternatives to formal prosecution
- Nevada juvenile courts focus on rehabilitation, with commitment to juvenile facilities as a last resort
- Juveniles have additional Miranda protections including the right to have a parent or guardian present during questioning
New Hampshire
Primary statute: RSA 169-B — NH Juvenile Delinquency Code
Full New Hampshire guide →New Jersey
Primary statute: NJ Code of Juvenile Justice, N.J.S.A. 2A:4A-20
Full New Jersey guide →New Mexico
Primary statute: NMSA § 32A-1-1 et seq. — New Mexico Children's Code (juvenile proceedings)
New Mexico's juvenile justice system provides specific protections under the Children's Code:
- The New Mexico Children's Code (NMSA § 32A-1-1 et seq.) governs proceedings for minors accused of delinquent acts
- New Mexico can transfer juveniles to adult court starting at age 15 for certain serious offenses through a judicial hearing process
- Juvenile records are generally confidential and may be expunged under certain conditions
- Juveniles have the right to counsel, and the court must appoint an attorney if the family cannot afford one
- New Mexico has diversion programs and community-based alternatives, emphasizing restorative justice
- The Children's Code focuses on rehabilitation and the best interests of the child
- Juveniles have enhanced Miranda protections including the right to consult with a parent, guardian, or attorney before interrogation
New York
Primary statute: NY Family Court Act Article 3 — juvenile delinquency proceedings
Full New York guide →North Carolina
Primary statute: N.C. Gen. Stat. Ch. 7B — NC Juvenile Code
North Carolina recently expanded juvenile justice protections by raising the age of juvenile jurisdiction:
- The NC Juvenile Code (N.C. Gen. Stat. Ch. 7B) governs delinquency proceedings for minors
- NC raised the juvenile age to include 16 and 17 year olds (SB 257, effective December 2019) — previously, NC was one of only two states that automatically tried 16-year-olds as adults
- NC can transfer juveniles to adult court for serious offenses at age 13 or older
- Juvenile records are generally confidential and not accessible to the public
- NC has expanded juvenile diversion programs as alternatives to formal court proceedings
- Juveniles have the right to an attorney — if the family cannot afford one, a juvenile defender is appointed
- Parents or guardians must be notified of arrest and have the right to be present during interrogation
- NC law provides for expungement of juvenile records in many cases after the juvenile reaches age 18
North Dakota
Primary statute: N.D. Cent. Code § 27-20 — Juvenile Court Act
Full North Dakota guide →Ohio
Primary statute: Ohio Rev. Code Chapter 2152 — Ohio Juvenile Code
Ohio's juvenile justice system is governed by the Ohio Juvenile Code, which includes several notable provisions:
- Juvenile jurisdiction (ORC § 2152): Juvenile courts have jurisdiction over offenders under age 18
- Bindover (transfer to adult court): Juveniles age 14 and older can be bound over to adult court for serious offenses. Mandatory bindover applies at age 16+ for certain violent offenses (murder, attempted murder, etc.)
- Juvenile records: Juvenile records are generally sealed and not available to the public, though exceptions exist for serious offenses
- Diversion: Ohio has expanded diversion programs and community control options as alternatives to detention for lower-level offenses
- Juveniles have the right to counsel, the right against self-incrimination, and the right to a hearing
Oklahoma
Primary statute: Oklahoma Juvenile Code, 10A Okl. St. § 2-1-101 et seq.
Oklahoma's juvenile justice system provides protections under the Oklahoma Juvenile Code:
- The Oklahoma Juvenile Code (10A Okl. St. § 2-1-101 et seq.) governs proceedings for minors accused of delinquent acts
- Juvenile court jurisdiction applies to children under age 18
- Oklahoma can certify juveniles as adults for serious offenses — youthful offenders age 15 or older may be certified for violent felonies; those 13 or older may be certified for murder
- Parents or guardians must be notified when a juvenile is taken into custody
- Juvenile records are generally confidential and may be sealed or expunged under certain conditions
- Oklahoma has diversion programs and community-based alternatives to formal adjudication
- Juveniles have the right to counsel, and the court must appoint an attorney if the family cannot afford one
Oregon
Primary statute: Oregon Juvenile Delinquency Code — ORS Chapter 419C
Full Oregon guide →Pennsylvania
Primary statute: Pennsylvania Juvenile Act, 42 Pa.C.S. § 6301
Full Pennsylvania guide →Rhode Island
Primary statute: R.I. Gen. Laws § 14-1-1 et seq. — Juvenile Court proceedings
Full Rhode Island guide →South Carolina
Primary statute: SC Children's Code, S.C. Code § 63-19-10 et seq.
South Carolina's juvenile justice system provides specific protections for minors:
- Juvenile court jurisdiction: Family Court has jurisdiction over children under age 17
- Transfer to adult court: SC can transfer juveniles age 14 and older to adult court for certain serious offenses
- Waiver hearing: A waiver hearing is required before a juvenile can be transferred to adult court
- Juvenile records: SC juvenile records are generally confidential and may be expunged
- Parents have a right to be present during juvenile proceedings
- SC has expanded diversion programs and alternatives to incarceration for juvenile offenders
South Dakota
Primary statute: SDCL Ch. 26-7A — Juvenile Proceedings
Full South Dakota guide →Tennessee
Primary statute: TCA § 37-1-101 et seq. — Tennessee Juvenile Court Act
Full Tennessee guide →Texas
Primary statute: Texas Juvenile Justice Code, Tex. Fam. Code Title 3
Full Texas guide →Utah
Primary statute: Utah Juvenile Court Act — Utah Code § 78A-6
Utah's juvenile justice system has specific rules and protections under the Utah Juvenile Court Act:
- The Utah Juvenile Court Act (Utah Code § 78A-6) governs proceedings for minors accused of delinquent acts
- Utah juvenile courts focus on rehabilitation and community-based alternatives
- Utah can transfer juveniles to adult court ("certification") for serious offenses — typically starting at age 14 for felonies
- Juvenile records are generally confidential in Utah, with limited exceptions for serious offenses
- Utah enacted significant juvenile justice reforms in 2017 (HB 239), emphasizing evidence-based practices and reducing incarceration for low-risk youth
- Juveniles have the right to counsel, and the court must appoint an attorney if the family cannot afford one
- Utah has diversion programs and restorative justice alternatives to formal prosecution
Vermont
Primary statute: 33 V.S.A. § 5101 et seq. — Vermont Juvenile Proceedings Act
Full Vermont guide →Virginia
Primary statute: Virginia Juvenile Court Jurisdiction, Va. Code § 16.1-241 et seq.
Virginia's juvenile justice system operates through the Juvenile and Domestic Relations District Court with special protections for minors:
- Va. Code § 16.1 et seq. governs juvenile proceedings in Virginia
- Virginia can transfer juveniles to adult court at age 14 for serious offenses including murder, robbery, and certain felonies
- Juvenile records are generally confidential and not available to the public, with limited exceptions for serious violent offenses
- Virginia has expanded diversion programs as alternatives to formal prosecution for eligible juvenile offenders
- Virginia eliminated life without parole for juveniles, consistent with U.S. Supreme Court rulings
- Juveniles have the right to counsel, and the court will appoint an attorney if the family cannot afford one
- Virginia law provides for rehabilitation-focused dispositions including probation, community service, and treatment programs
Washington
Primary statute: Washington Juvenile Justice Act, RCW 13.40
Washington has been a national leader in juvenile justice reform under the Juvenile Justice Act (RCW 13.40):
- Washington cannot charge juveniles under age 8 with a crime (minimum age of criminal responsibility)
- Juvenile court has jurisdiction over youth under 18 at the time of the offense
- Auto-decline to adult court applies only for youth aged 16-17 charged with murder — other transfers require a hearing
- Washington eliminated juvenile life without parole — all juveniles are eligible for eventual release
- Juvenile records can be sealed after completion of the sentence and a waiting period
- Under RCW 13.40.740, juveniles must have an attorney consultation before any custodial interrogation — statements obtained without this are subject to suppression
- Washington provides diversion programs as alternatives to formal prosecution for many juvenile offenses
West Virginia
Primary statute: W. Va. Code § 49-4-701 et seq. — Juvenile proceedings
West Virginia's juvenile justice system provides specific protections for minors:
- The West Virginia Juvenile Proceedings chapter (W. Va. Code § 49-4-701 et seq.) governs proceedings for minors accused of delinquent acts
- West Virginia can transfer juveniles to adult court starting at age 14 for certain serious offenses including murder, robbery, and sexual assault
- Juvenile records are generally confidential and may be expunged upon application
- Juveniles have the right to counsel, and the court must appoint an attorney if the family cannot afford one
- West Virginia has diversion programs and community-based alternatives, focusing on rehabilitation
- Juveniles have the right to have a parent or guardian present during questioning (W. Va. Code § 49-4-701)
- West Virginia juvenile courts emphasize rehabilitation and treatment over punishment
Wisconsin
Primary statute: Wis. Stat. § 938 — Wisconsin Juvenile Justice Code
Wisconsin provides special protections for juveniles under the Wisconsin Juvenile Justice Code:
- The Wisconsin Juvenile Justice Code (Wis. Stat. § 938) governs proceedings involving persons under age 17 (Wisconsin's age of original juvenile jurisdiction)
- Juveniles have Miranda rights — Wis. Stat. § 938.243 requires officers to attempt to contact the juvenile's parent or guardian before or shortly after taking a juvenile into custody and to inform the juvenile of their rights
- Wisconsin requires electronic recording of custodial interrogations of juveniles charged with a felony (Wis. Stat. § 972.115)
- Juvenile records in Wisconsin are generally confidential — access is restricted and records may be expunged or sealed
- Wisconsin may waive juveniles to adult court for serious offenses (murder, sexual assault, armed robbery) — a waiver hearing is required
- Juveniles are entitled to appointed counsel in delinquency proceedings
Wyoming
Primary statute: Wyo. Stat. § 14-6-201 et seq. — Wyoming Juvenile Justice Act
Full Wyoming guide →