Raise the Age Flow Chart
New York’s Raise the Age legislation lifted the age that a child can be prosecuted as an adult to 18 years of age. Prior to to the law being changed, New York was one of two remaining states to hold 16 year-olds criminally responsible.
As of 2019, Raise the Age changed what happens when a child under 18 is arrested for a crime. Depending on the severity of the crime and other context, a child’s criminal case could be routed to Family Court or to a Youth Part of Adult Criminal Court.
What Happens When a Child is Detained
Raise the Age created a Youth Parts in the Supreme and County Courts in each county. Youth Part judges are Family Court judges. When a case is transferred from the Youth Part to the Family Court the child is then considered a Juvenile Delinquent.
Children who are arrested cannot be held with adults at the police station, the courthouse, or in a detention or placement facility. Instead, they go to a specialized secure juvenile detention facility for older youth or go to a juvenile detention facility for the reception of children. Both are separated from adults who are charged with crimes.
Futhermore, RTA requires the police to notify parents and legal guardians when a child is arrested, and any questioning of the child must be in an appropriate location and limited to a reasonable amount of time. Parents who are present at questioning must be given notice of rights as well.
To better understand the court proceedings following the arrest, reference the flow chart below: