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Juvenile / Probate Court
Before you vote for a candidate, I believe you should have an understanding of the position to which each candidate seeks to be elected. This is true for the Juvenile/Probate Court position, as I have found that many folks may not have a complete understanding of the Court’s functions.
The Court is comprised of two divisions, the Juvenile Court and the Probate Court. While each Court has separate functions, the Courts are housed in the same facility, located at 300 Garst Avenue, Greenville.
As its name implies, the Juvenile Court is the court that hears cases of juveniles (under the age of 18), after they have been charged with traffic offenses or crimes. The Juvenile Court hears cases involving violations of both misdemeanor and felony statutes. If it is proven that the juvenile did, in fact, violate the law, the Court will find that the juvenile is considered to be a “Juvenile Delinquent”. While not considered delinquent, the Juvenile Court also hears cases when a juvenile becomes disobedient, wayward, or, “Unruly”. In traffic cases, the juvenile is considered to be a “Juvenile Traffic Offender” after a finding that they violated a traffic law.
The Juvenile Court is also the forum when it has been alleged that a child is an abused, neglected or dependent child. Generally, the goal in such cases is not to punish the one causing the condition but, rather, provide protective services to the child in the event they are found to be a victim of such an environment. A separate court is typically responsible for any criminal charges which may be filed from such conduct.
Issues of paternity, custody, child support and visitation are also heard at the Juvenile Court when the parents of a child are not married to each other. In the event the parents are married to each other, the Court of Common Pleas, General Division, typically has jurisdiction to hear the case.
While there are many other functions of the Juvenile Court not listed above, the areas described comprise the majority of time, effort and expended resources at the Court.
When most people think of a Probate Court, they generally have the idea that the Court’s sole function is to oversee the administration of a deceased person’s estate. This function of the Probate Court is critical, and very important, but is by no means the only function of the Probate Court.
Another important function of the Probate Court is the appointment and administration of guardianships. With the aging of the country, and Darke County specifically, I believe that this function of the Probate Court will become more and more important in the years to come. Guardians are typically appointed for individuals who are unable to make decisions for themselves, either personal decisions, financial decisions, or both. A minor aged person may need a guardian in the event they’ve lost both parents, or an elderly family member may need a guardian when they are no longer able to handle their day-to-day responsibilities. Persons with physical and/or mental limitations may also need a guardian. The Probate Court is responsible for appointing the appropriate person to be the guardian, and for overseeing the proper administration of the guardianship.
The Probate Court is also the court of jurisdiction to consider applications for name changes, adoptions, issue marriage licenses, and consider the merits of a proposed wrongful death settlement. As with the description provided above for the Juvenile Court, there are other functions of the Probate Court beyond those provided here.
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