WHAT IS AN INFORMAL ADJUSTMENT?
An informal adjustment is a non-judicial process. It is a diversion program that allows juveniles to avoid court if the juvenile is deemed eligible. Before a petition is filed against a juvenile, the juvenile probation officer may adjust the alleged charges under certain circumstances and place the juvenile under informal probation supervision by agreement of the parties.[i]
This agreement between the juvenile, the juvenile’s guardian, and the juvenile probation officer is known as an informal adjustment.
IS AN INFORMAL ADJUSTMENT BENEFICIAL?
Yes. Agreeing to, and successfully completing, an informal adjustment prevents the filing of formal charges against the juvenile.
An informal adjustment may require the juvenile to participate in certain services such as therapy or community service. These requirements are aimed at rehabilitation, taking responsibility, and empowering the juvenile to become a more productive individual in the community. Typically, an informal adjustment is enforced for no more than six months.
After successful completion of the informal adjustment program, the case is dismissed, prosecution is barred, and the juvenile’s records may be expunged.[ii] However, should the juvenile not successfully complete the requirements of the informal adjustment, the petition will be filed, and the matter will proceed to a formal hearing.[iii]
WHAT IS A CONSENT DECREE?
After a petition is filed in a juvenile matter and before an adjudication, the attorney for the Commonwealth of Pennsylvania and the attorney for the juvenile may enter into an agreement to request the Court to suspend the proceedings and continue supervision of the juvenile in the juvenile’s home under specific terms and conditions.[iv] The order issued by the Court placing the juvenile under the supervision of juvenile probation is known as a consent decree.
The Court may order any reasonable conditions that focus on:
- Protection of the community,
- The accountability of the juvenile for the offense(s) petitioned, and
- Developing the juvenile’s competencies to enable the juvenile to become a responsible, productive member of the community.[v]
A consent decree is typically enforced for no more than six months.
IS A CONSENT DECREE BENEFICIAL?
Yes. Like an informal adjustment, a consent decree avoids an adjudicatory hearing and a formal finding of delinquency. Because the consent decree suspends adjudicatory proceedings and continues supervision of the juvenile, it allows the juvenile the opportunity to engage in productive growth. Throughout the duration of the consent decree, the juvenile may participate in community service, therapy, and other related services to promote their own rehabilitation.
Six months after the successful completion of the consent decree, the juvenile may file for anexpungement. If an expungement is granted, evidentiary documents and filings regarding the matter are destroyed. This clears the juvenile’s record. Expungements are important for when it comes time for the juvenile to apply for a job, to college, for financial aid, and/or scholarships.
CAN A CONSENT DECREE BE VIOLATED?
Yes. A consent decree may be considered violated if a new petition is filed against the juvenile during the period of supervision or the juvenile fails to otherwise fulfill the terms and conditions of the consent decree. Violating the consent decree can lead to the reinstatement of the petition and formal proceedings.[vi]
INFORMAL ADJUSTMENT vs. CONSENT DECREE
The main differences between an informal adjustment and a consent decree are that (1) once a petition is filed, a juvenile is no longer eligible for an informal adjustment; and (2) a juvenile can avoid going to court at all under an informal adjustment.
Both informal adjustments and consent decrees are very beneficial to the juvenile. Each focus on the rehabilitation of the juvenile. Both are alternatives to formal adjudications, which can have long-term consequences, and both offer opportunities to expunge juvenile records in a relatively short period of time.
HOW CAN WE HELP?
Involvement with the juvenile court system can be challenging for kids and parents alike. At Cherkas Metcalfe Law, we offer support, guidance, and high-level representation from the moment your child’s case begins. We work with families to ease as much stress as possible, answering any questions, while zealously representing the juvenile to achieve the best results possible. If you would like to reach out to us, please contact us here. We look forward to working with you.
The information within this article is not, nor is it intended to be, legal advice. Please consult an attorney for individual advice regarding your personal situation. The purpose of the information in this article is intended for informational purposes.
The information in this article can be located within 237 Pa. Code Rule 312 and Rules 370, 371, and 373.
[i] 237 Pa. Code Rule 312(A).
[ii] 237 Pa. Code Rule 312(B)(1); 18 Pa. C.S. § 9123(a)(1.2).
[iii] 237 Pa. Code Rule 312(B)(2).
[iv] 237 Pa. Code Rule 370.
[v] 237 Pa. Code Rule 373(A)(1)-(3).
[vi] 237 Pa. Code Rule 370(B)(2).