159 Kids and the Law 1. the child has previously been committed to DYS; or 2. the offense involved the threat or infliction of serious bodily harm; or 3. the offense violates the firearms law. Most often a child is not indicted until after arrest and arraignment. Youthful offender cases are heard in the Juvenile Court. If indicted as a youthful offender, is a child eligible for diversion? No. An indictment as a youthful offender makes a child ineligible for diversion. Can a juvenile delinquent ever be treated by the court as an adult? Yes. A child between the ages of 14 and 18 who is charged with murder goes to Superior Court, is “tried as an adult,” and will receive an adult sentence if convicted. What happens after the grand jury returns an indictment? The child is brought before the Juvenile Court and arraigned. A child charged with being a youthful offender has the same rights as a child charged with be- ing a delinquent with regard to appointment of counsel, bail, etc. One differ- ence is that a child charged with being a youthful offender has the right to be tried by a jury of 12 adults. Another difference is that the youthful offender trial is open to the public. What happens if the child is found to be a youthful offender (guilty)? The court may: • commit the youthful offender to DYS until age 21; that DYS sentence can be suspended—meaning the child will be placed on probation and super- vised by juvenile probation until age 21. • impose an adult sentence; which can be to the house of correction, state prison or adult probation; or Youthful Offenders 12