How the South Carolina Department of Juvenile Justice (DJJ) Intake Process Works After an Arrest

Discovering that your child has been arrested is one of the most terrifying experiences a parent can face. In South Carolina, the juvenile justice system operates very differently from the adult criminal system. The focus is technically on rehabilitation rather than punishment, but the immediate reality of handcuffs, holding cells, and intake screenings can be incredibly overwhelming for both the minor and the family.

Instead of posting bail at a local county jail, juveniles in South Carolina are processed through the Department of Juvenile Justice (DJJ). Understanding the DJJ intake process, the screening criteria, and your child's rights is crucial for securing their release. If your child is facing charges, it is strongly recommended that you seek guidance from a qualified local juvenile defense attorney found in our US Attorneys directory.

Step-by-Step DJJ Intake Process in South Carolina

After an arrest, the arresting officer brings the minor to a local DJJ county office or a designated juvenile holding facility. At this stage, a DJJ intake worker evaluates the youth. If you live in Richland County, this process will typically involve the South Carolina Department of Juvenile Justice, Columbia. The initial goal of the intake worker is to determine whether the minor poses a danger to the community or is a flight risk under S.C. Code Ann. § 63-19-820.

The SC DJJ Point System Explained

South Carolina DJJ relies on a standardized Detention Screening Tool. This point system objectively scores the minor based on the severity of the current charge, their past criminal history, runaways, and other risk factors. Generally, if a child scores a high number of points (usually 12 or more), the intake worker will recommend holding them in a juvenile detention center pending a hearing. If the score is low, the DJJ can release the minor into the custody of their parents or legal guardians with a promise to appear at the Richland County Family Court, Columbia or their respective local court.

First-Time Offenders

For most non-violent, first-time offenders, the point system works in their favor. The DJJ often prioritizes releasing these minors to their parents. Depending on the nature of the offense, a first-time offender might also be eligible for pre-trial intervention or a diversion program. If completed successfully, these programs can prevent the filing of a formal delinquency petition pursuant to S.C. Code Ann. § 63-19-1010, effectively keeping the child's record clean.

Minors Arrested During School Hours

Arrests that happen on school grounds (such as for fighting, drug possession, or bringing a weapon to school) add a layer of complexity. School Resource Officers (SROs) frequently initiate these arrests. In these situations, the school district will likely launch an expulsion hearing alongside the DJJ criminal intake process. Parents must quickly address both the Family Court case and the school disciplinary proceedings.

Intake for Out-of-State Minors

If a minor from Georgia or North Carolina is arrested while visiting South Carolina (such as during a vacation in Myrtle Beach), the DJJ must still process them locally. However, coordinating the release of an out-of-state minor can be difficult. The DJJ usually requires parents to travel to South Carolina to take physical custody. Furthermore, navigating the Interstate Compact for Juveniles is often required if the court places the out-of-state minor on probation.

How Much Does it Cost in South Carolina?

The juvenile intake process itself does not carry direct fees like adult bail bonds. South Carolina does not use a cash bail system for minors in Family Court. However, parents should anticipate other immediate financial impacts:

• Attorney Retainers: Hiring a private juvenile defense lawyer for an emergency detention hearing typically costs between $1,500 and $3,500 upfront.
• Restitution: If property was damaged, the court may later order the parents and child to pay restitution.
• Travel and Lost Wages: For out-of-state families, emergency travel and missed work to attend hearings in South Carolina can quickly add up.

How Long Does the Process Take?

Timing in the juvenile system is very strict. If the DJJ intake worker decides to hold your child, South Carolina law requires that a detention hearing be held within 48 hours (excluding weekends and holidays). At this hearing, a Family Court judge will review the DJJ's recommendation and decide if the child can go home or must remain in the detention center until trial. The overall case, from intake to the final adjudication hearing, can take anywhere from 3 to 6 months.

Frequently Asked Questions (FAQ)