Truancy Defined
Don’t be surprised if you find yourself unfamiliar with the term truancy. Many people don’t know what the word means. Please take a moment to familiarize yourself with the following terms commonly used in truancy and juvenile justice proceedings:
Truant: A child is considered truant when he is absent unexcused for at least one class period of the school day. Specifically, a child between six and sixteen years of age and who is not in attendance at a public or private school during the hours that school is in session, unless excused, is considered to be a truant child.
Habitually truant: A child is habitually truant when she is truant for at least five school days within a school year. A child who is habitually truant or who has excessive absences may be ruled an incorrigible child.
Incorrigible child: An incorrigible child fits into one or more of the following categories:
- Is adjudicated (determined by a court) as a child who refuses to obey the reasonable and proper directions of a parent, guardian or custodian and who is beyond the control of that person.
- Is habitually truant from school.
- Is a runaway from the child's home or parent, guardian or custodian.
- Habitually behaves in such a manner as to injure or endanger the morals or health of self or others.
- Commits any act constituting an offense that can only be committed by a minor and that is not designated as a delinquent act.
- Fails to obey a lawful order of a court.
Dependent person: A person under the age of eighteen who has no parent or guardian willing or capable of exercising, proper parental control over him and who persistently refuses to obey the reasonable orders or directions of his parent or guardian.
Delinquent act: An act by a juvenile that, if committed by an adult, would be a violation of the law, or a violation of any law which applies only to minors and that has been designated as a delinquent offense, or any ordinance of a city, county or political subdivision of this state defining crime.
Delinquent juvenile: A child who is adjudicated to have committed a delinquent act.
Juvenile court: The juvenile division of the superior court when exercising its jurisdiction over children in any proceeding relating to delinquency, dependency or incorrigibility.
Referral: A report submitted to juvenile court that alleges a child is dependent or incorrigible, or that alleges a juvenile has committed a delinquent or criminal act.
Petition: A legal document filed by the prosecutor’s office formally charging a juvenile with delinquent or incorrigible acts. This is similar to an “indictment” in adult court. About half the petitions filed in Maricopa County are for truancy. Other Arizona counties have similar percentages.
Status offense: An offense that is not based on an unlawful act, but based on the status of the individual (i.e., a juvenile being on the street during school hours).
Adjudicated: A term meaning determined by a court. Adjudication is similar to a conviction in adult court.