135 Kids and the Law 3. If released, the child and parent or guardian are told to appear in court at the next juvenile court session. 4. If the child is not released and if the station has received written approval from the Department of Youth Services (DYS), the child will be detained at the police station or at a DYS-approved detention place. DYS is a state agency, not a specific place; it has facilities all over the state. DYS oper- ates locked facilities called Alternative Lockup Programs where the child is held overnight or until the next court day when the police will drive the child to court. If a police officer or other person decides to file an Application for a Delinquent Complaint, how is it done? 1. They must go to the local juvenile court and tell the court clerk what the child did. 2. The clerk decides whether what the person says the child allegedly did is a crime. If the clerk decides that there is no legal basis to believe the child committed a crime, the Application is denied. 3. If the clerk decides that the child may have committed a crime, the clerk asks the person to sign a form which states what the child did. The clerk then adds the section of the law that the person alleges or claims has been broken. 4. The clerk then issues a summons ordering the child and the child’s parent or guardian to appear at a hearing before a clerk magistrate. What happens at the clerk’s hearing? Both the complainant (the person who filed the complaint) and the child (the person accused or the juvenile*) can bring witnesses to the hearing. If the complainant does not appear, the matter will be dismissed. If the complainant appears but the child does not, the clerk usually holds the hearing. How- ever, if it’s clear the child did not receive notice of the hearing, the clerk can Delinquent Children 11