Art. 792 Nature of proceedings

Here's what this rule means for families and kids.

If a child is involved in a Families in Need of Services case, that case is treated as a civil matter, not a criminal one. This applies even if the child was taken into custody or held in detention as part of the process. The law wants to make clear that these actions are not the same as being charged with a crime or being labeled a juvenile delinquent.

This matters because it changes how the child and family are viewed by the court and by others. The child does not get treated like someone accused of breaking the law. Instead, the court is stepping in to help address problems the child or family may be facing, such as truancy, running away, or being beyond a parent's control. The goal is support and services, not punishment.

For parents and children going through this process, this means the proceeding will not create a criminal record or a delinquency record. The court still has authority to take steps like custody or detention when needed, but those steps are meant to protect the child and connect the family with help, not to punish anyone for a crime.