The Consent Calendar allows a juvenile’s case to be handled through an informal process of court supervision.
The court, the juvenile, the parent or guardian of the juvenile, and the prosecuting attorney must all agree to place the case on the Consent Calendar.
If it appears to the court at any time that proceedings on the Consent Calendar are not in the best interests of either the juvenile or the public, the court may set a hearing to transfer the case to the Formal Court Calendar on the charges contained in the original petition.
What are my rights?
If your case is placed on the Consent Calendar:
A formal plea will not be accepted by the court and the court will not make a formal judgment on the case.
An order of disposition cannot be entered.
The juvenile cannot be removed from the custody of a parent or guardian.
Statements made by the juvenile during Consent Calendar supervision may not be used against them if the case transfers to the Formal Court Calendar.
If your case is place on the Consent Calendar, your following rights have been waived:
Formal notice of the charges;
The right to an appointment of an attorney at public expense;
The right to a jury trial;
The right to a trial before a judge;
The presumption of innocence;
The presentation of proof beyond a reasonable doubt;
The right to testify on the juvenile’s own behalf;
The privilege against self-incrimination (and the right to remain silent);
The right to present witnesses;
The right to confront and cross-examine the juvenile’s accusers; and
The right to use the subpoena power of the Court to compel attendance of witnesses.
What are the victim’s rights?
Notice requirements of the Crime Victim’s Rights Act apply. Before any formal or informal action is taken on the case, the prosecutor must provide notice to the victim of the time and place for the conference regarding the placement of the case on the Consent Calendar.
The victim has a right to attend the conference.
What is a case plan?
After the juvenile is placed on the consent calendar, the court will create a case plan. The case plan will outline the steps the court would like the juvenile to take and the services and supports they must participate in. After the juvenile successfully completes the plan, or does everything the plan outlines for them to do, the court will close the case and may destroy all records of the proceedings.
What happens to the court records at the close of the case?
If the juvenile successfully completes the Consent Calendar case plan, the court will close the case and destroy all of the records in accordance with the policies and procedures put in place by the State Court Administrative Office. Consent Calendar case records must be retained until the juvenile becomes 17 years old, or until dismissal from court supervision, whichever is later.
What about fines and costs?
All fines and costs for both the juvenile and the parent or guardian need to be paid in full prior to the closing of the case.
What is the Consent Calendar Procedure?
Step 1: The case is referred for Consent Calendar.
Step 2: The juvenile and parent or guardian will meet with the Referee or Court Officer for determination as to whether or not the case will be officially placed on the Consent Calendar and development of Consent Case Plan. The juvenile and parent or guardian will also meet with the Family Court Collections Specialist.
Step 3: If the juvenile successfully completes the case plan, the case is closed. If the juvenile does not successfully complete the case plan, the case is transferred to the Formal Court Calendar.