What rights do parents have in juvenile cases in New York?

What Rights Do Parents Have in Juvenile Cases in New York?

Having a child involved in the juvenile justice system can be incredibly stressful and confusing for parents. But it’s important to remember that as a parent, you have certain rights within your child’s case in New York. Understanding these rights can help you better advocate for your child during this difficult process.

Right to Be Notified

One of the most basic rights parents have is to be informed about what’s going on with their child’s case. New York law requires that parents must be notified when [1]:

• Their child is arrested
• A juvenile delinquency petition is filed against their child
• A dispositional hearing is scheduled for their child’s case

Parents must receive written notice about key proceedings so they can be informed and get involved in the process.

Right to Be Present

In addition to receiving notice, New York law gives parents the right to be present at their child’s court hearings. The exception is if the court determines that is not in the child’s best interests. Parents should attend hearings like [1]:

• Initial appearance
• Fact-finding hearing
• Dispositional hearing
• Probation review hearings

Being present allows parents to stay updated on the case and provide support.

Right to Counsel

While juvenile cases are considered civil proceedings, children still have the right to an attorney. If parents cannot afford counsel, their child is entitled to a court-appointed attorney at no cost [1]. The child’s attorney will advocate for their rights and best interests throughout the case.

Right to Appeal

New York law allows both children and their parents to appeal juvenile delinquency adjudications and dispositions. Reasons for appeals might include [1]:

• Violation of the child’s rights
• Harshness of disposition
• New evidence

Instructions for filing appeals are provided at the disposition hearing. Parents and children can work with counsel to appeal unfavorable outcomes.

Right to Petition for Records Sealing

Following the conclusion of a juvenile case in New York, both children and parents have the right to petition the court to seal the child’s records. This can help prevent the juvenile adjudication from negatively impacting the child’s future education, employment, etc. Certain criteria must be met to seal records [2].

Right to File Complaints

If parents feel their child’s rights have been violated during juvenile proceedings, they can file complaints with agencies like [1]:

• The judge
• Facility administrators
• Division of Criminal Justice Services
• Office of Children and Family Services

Complaints should describe the alleged rights violation. The agency will then investigate the matter.

Rights During Police Questioning

Parents have important rights when their child is being questioned by police. In New York, police must [1]:

• Notify parents that their child is being questioned
• Allow parents to be present during questioning
• Get parental consent for a child under 16 to waive their rights

Exercising these rights during questioning can protect the child’s interests.

Rights During Arrest

Similar to questioning, New York law also grants parents rights when their child is arrested. Police must [1]:

• Notify parents immediately of the arrest
• Tell parents why their child was arrested
• Allow parents to accompany child to court appearance

Being informed about the arrest can help parents take action on their child’s behalf.

Rights at Disposition

At the disposition hearing when the court determines outcomes like probation or placement, parents in New York have the right to [1]:

• Receive notice and be present
• Be heard and present evidence
• Access court records about the case
• Appeal the disposition

Parents can use these rights to seek the most appropriate and favorable disposition for their child.

Rights During Probation

If a child is sentenced to probation, their parents maintain certain rights during the probation term like [1]:

• Receiving notice of probation violation petitions
• Attending probation revocation hearings
• Being informed of their child’s probation progress

Parents play an important role in supporting their child’s rehabilitation during probation.

Rights After Release

Once a child is released from a juvenile facility, parents have the right to [1]:

• Be notified of the release date and time
• Participate in release planning and orientation
• File any complaints about their child’s placement

Exercising these rights helps ensure a smooth transition when the child reenters the home and community.

Right to Legal Representation

Importantly, parents are also entitled to their own legal representation in juvenile proceedings in New York family courts. Parents can request an attorney if they cannot afford one [1]. An attorney can help parents understand and assert their rights.

Key Takeaways

Here are some key takeaways on parents’ rights in New York juvenile cases:

• Parents have the right to notice, presence, and participation.
• Parents can help protect their child’s rights to counsel, appeal, etc.
• Police must respect parental rights during questioning and arrest.
• Parents maintain rights through disposition, probation, and release.
• Parents can obtain their own legal representation.

Though juvenile cases are difficult, understanding your rights as a parent helps you be an effective advocate for your child.

References

1. The Juvenile Justice Process in New York State
2. Sealing Juvenile Records
3. Youth Parts and Juvenile Cases
4. Juvenile Offenders
5. Access to Juvenile Records