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Quick Reference Guide to Juvenile Court in South Carolina

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Quick Reference Guide to Juvenile Court in South Carolina Children’s Law Center University of South Carolina School of Law Quick Reference Guide to Juvenile Court in South Carolina An Overview of Juvenile Delinquency Proceedings & Related Issues for Family Court Judges and Attorneys 2019 Edition THE CHILDREN’S LAW CENTER The Children’s Law Center, University of South Carolina School of Law was founded in 1995 and serves as a resource center for judges, attorneys, and other professionals involved in juvenile justice or child maltreatment cases in South Carolina. The overall purpose of the Children’s Law Center is to improve the administration of justice in these cases, by enhancing the knowledge and skills of practitioners of all disciplines. The Children’s Law Center provides a full array of training, technical assistance, resource materials, and research activities addressing a broad spectrum of law and court-related topics affecting children involved in court proceedings in South Carolina. 1600 Hampton Street, Suite 502 Columbia, SC 29208 (803) 777-1646 http://childlaw.sc.edu TABLE OF CONTENTS Introduction ....................................................................................................................... 1 Case Flow Chart ............................................................................................................... 2 Basics of Juvenile Court.................................................................................................... 3 ▪ Definition of “Child” .......................................................................................... 3 ▪ Family Court Process for Children Charged with Offenses ............................. 3 ▪ DJJ Intake ....................................................................................................... 9 ▪ Notice & Service of Summons ......................................................................... 10 ▪ Prosecution ..................................................................................................... 11 ▪ Indigent Defense ............................................................................................. 12 ▪ Rules for Conduct of Hearings ......................................................................... 13 ▪ Checklist of Important Issues to Consider ........................................................ 13 Discovery .......................................................................................................................... 15 ▪ Discovery and Disclosure of Evidence ............................................................. 15 ▪ Disclosure in Criminal Cases (Rule 5, SCRCrimP) .......................................... 16 Jurisdiction & Venue ......................................................................................................... 18 Custody & Pre-trial Detention ............................................................................................ 20 ▪ Detention Overview ......................................................................................... 20 ▪ Detention Hearing ............................................................................................ 22 Waiver / Transfer of Jurisdiction .......................................................................................... 24 ▪ Waiver Overview ............................................................................................... 24 ▪ Waiver Chart ..................................................................................................... 27 Adjudication ...................................................................................................................... 28 ▪ Adjudicatory Hearing ....................................................................................... 28 ▪ Guilty Plea ....................................................................................................... 29 Dispositional Hearing ......................................................................................................... 33 Juvenile Appeals ............................................................................................................... 35 Parole ............................................................................................................................... 37 ▪ Parole Overview .............................................................................................. 37 ▪ Parole Guidelines ............................................................................................ 38 ▪ Parole Guidelines Grid .................................................................................... 39 ▪ Parole Guidelines Computation Sheet ............................................................ 40 i Guide to Juvenile Court in SC 2019 Edition DJJ Policies & Procedures ................................................................................................ 41 ▪ Agency Overview ............................................................................................. 41 ▪ Detention and Evaluation Centers ................................................................... 43 ▪ Long-term Campuses ...................................................................................... 44 ▪ Transfer to Department of Corrections ............................................................. 44 Juvenile Records .............................................................................................................. 45 ▪ Records Overview ........................................................................................... 45 ▪ Expungement of Juvenile Records .................................................................. 47 Competency...................................................................................................................... 49 ▪ Adjudicative Competence ................................................................................ 49 ▪ Competency Case Law .................................................................................... 53 Juvenile Confessions ........................................................................................................ 54 Interstate Compact for Juveniles ....................................................................................... 57 Media Issues ..................................................................................................................... 58 Juvenile Justice Case Law ................................................................................................ 59 ▪ US Supreme Court Cases .............................................................................. 59 ▪ SC Supreme Court Cases .............................................................................. 60 S.C. Code of Laws / Relevant State Statutes ................................................................... 61 Agencies and Organizations Serving Children .................................................................. 63 Juvenile Justice Websites ................................................................................................. 65 ii Guide to Juvenile Court in SC 2019 Edition INTRODUCTION This guide is intended to provide family court judges and attorneys with an overview of the juvenile justice system and the legal and collateral issues that arise in juvenile delinquency proceedings. The information presented in the Guide is intended for educational and informational purposes only. It is not intended to provide legal advice or legal opinion on any specific issue. Readers should not rely on this guide as a primary source of legal authority, but should consult official versions of South Carolina statutes, rules, and cases prior to making decisions or taking action in legal proceedings. Citations to South Carolina statutes and cases used throughout this guide are formatted as concisely as possible, and therefore, are not necessarily appropriate for formal citations in pleadings and papers filed with the family court. South Carolina statutes are cited as § __- __-__ (e.g., § 63-3-651 instead of S.C. Code Ann. § 63-3-651 (2010)). All S.E.2d cases referred to are South Carolina cases unless otherwise noted. When full statutes are included, emphasis has been added (with bold or underlined font) to some of the statutory language to draw attention to important details or recent changes in the laws. The materials contained in this guide are as complete and current as possible as of the date of publication, but laws and policies are subject to change at any time without notice. While I have made every attempt to ensure accuracy, errors are inevitable. I would like to be notified of any errors detected so that I can make corrections as needed in future updates. In addition to this guide, I developed a publication titled Training and Resource Manual for Juvenile Defense Attorneys which contains all the information found in this guide, along with additional sections including “Preparing for Court” and “Disposition Advocacy.” Both of these publications are available on the Children’s Law Center’s website at http://childlaw.sc.edu. If you have any questions concerning information contained in the Guide, or to report errors or suggestions for future updates, please contact me at the Children’s Law Center at 803- 777-1646. Blanche Quinn Richey Resource Attorney Children’s Law Center University of South Carolina School of Law - Updated September 2019 - 1 Guide to Juvenile Court in SC 2019 Edition CASE FLOW CHART COMPLAINT Citizen, Law Enforcement INVESTIGATION BY LAW ENFORCEMENT
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