Minors …….and the Law

Minors Major/Majority 18 and Older Minor/Minority 17 and Younger

Three Areas the Law Treats Minors Differently Criminal Contracts Torts

Minors n Parens Patriae - Court acts as a parent or guardian –Hearings can be closed to the public –Hearings informal –Children kept separate from adult offenders

Minors Hearings no longer closed to the public Two Classifications of Juveniles –Delinquent - a child that has committed an act this is a crime for an adult

Minors Status Offender - “Habitually unruly” or beyond the control of their legal guardians Examples: Examples: –runaway “170,000” each year, most return home of their own accord –underage drinking –truant

n CHINS (CINC) Children in need of supervision kids involved in status or delinquent acts – filed by state n MINS Minor in need of supervision – abuse or neglect n PINS – Person in need of supervision – filed by parent

Minors tried as Adults n Record and previous history with the courts n Little likelihood of reasonable rehabilitation

Minors tried as Adults n Offenses committed in a willful, violent, and aggressive manner n Minor is a threat to society’s welfare n Offenses are punishable as felonies

Rights extended by Gault case 1. Child and parents must have timely notice of charges and time to prepare for the hearing. 2. Child and parents must be notified or rights to retain counsel and if can’t afford it, must be appointed a counsel

Rights extended by Gault case 3. Minor has the right to confrontation with adversaries and the right to cross examine adversaries 4. Court has the duty to advise the minor of the right to remain silent

Procedures in Juvenile Court n Intake – informal process officials or social workers decide if complaint should be referred to juvenile court. Adult equivalent of an arrest

Procedures in Juvenile Court n Initial hearing – state must prove 1. an offense was committed and 2. reason to believe the juvenile committed it Adult equivalent of an arraignment

Procedures in Juvenile Court n Adjudicatory Hearing - closed to the public and the names of the accused are withheld from the press. Adult equivalent of a trial –May have attorneys –Offer evidence –Cross Examine Witnesses –Found DELINQUENT or NONDELINQUENT

Procedures in Juvenile Court n Dispositional hearing –provide individualized treatment to rehabilitate the juvenile offender. Adult equivalent sentencing hearing

Possible outcomes: placement in a group home placement in a group home community treatment program community treatment program commitment to a state institution for juveniles commitment to a state institution for juveniles probation with conditions. probation with conditions. Attend school regularly, Attend school regularly, hold a steady job, hold a steady job, attend treatment center, weekly drug tests, home by 8:00 pm, not associating with certain people. not associating with certain people. Serious offenders can be held until the age of 21 in KansasSerious offenders can be held until the age of 21 in Kansas

TORTS

Torts 1. Minors held liable for intentional torts (through parents) 2. Parents – generally not liable for unintentional torts 3. K.S.A limit $5000

Minors and Contracts

What are the necessaries? 1. Food 2. Clothing 3. Shelter 4. Medical Care 5. Education

Minor must disaffirm by statement and/or by an act that they do not intent to live up to the contract n MUST RETURN PROPERTY

Can not disaffirm if:

n A minor who misrepresents their age cannot disaffirm a contract n A minor who is in an adult business, operating a business as an adult will not be allowed to disaffirm a contract.

Emancipated Minor