Children ages 6 to 9 in trouble with the law in North Carolina could no longer be declared criminally responsible in juvenile court in legislation approved unanimously on Thursday by the state Senate.

The bill, which now goes to the House, would raise the minimum age for juvenile delinquency from 6 to 10, meaning more young people would be kept out of criminal proceedings in juvenile court.

With an age of 6, North Carolina currently has the lowest allowable age for a child to be declared delinquent, according to the U.S. Department of Justice.

Legislators and advocates for children and criminal justice reform say children that young lack the mental capacity to understand the process and make informed decisions.

“They believe in the tooth fairy but would” be hard pressed to recognize what is happening to them, said Sen. Danny Britt, a Robeson County Republican and bill sponsor.

Under the bill, juvenile court counselors instead would investigate complaints against children ages 6 to 9 and through consultations determine what kinds of medical or psychiatric assistance they need. Parents of these children could still face consequences from juvenile court if they fail to carry out a counselor’s recommendations.

A bipartisan House bill that also would raise the age of juvenile proceedings to age 10 is scheduled to be heard by a committee next week.

That measure won’t mandate that juvenile courts have jurisdiction over the parents of children who are too young for juvenile court proceedings, according to Rep. Marcia Morey, a Durham County Democrat and bill cosponsor.

 

 

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