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Updated 04/07/2011 05:51 AM

How do the family courts work?

By: Solomon Syed

When juveniles commit crimes, more often than not they aren't charged as adults and instead their case goes to family court, where they're almost always closed off to the public. That makes "family court justice" a mystery in many cases. But our Solomon Syed sheds some light on the process.

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ALBANY, N.Y. -- When 12-year-old Nicholas Naumkin was shot and killed just two days before Christmas, the Saratoga County District Attorney charged a fellow 12-year-old with manslaughter, but not in criminal court since he's too young.

Now as this case plays out, it does so in family court, which makes a big difference.

"Family court is more about the individual, helping an individual and family court isn't focused on jail time or punishment, that's not what it's about," says legal analyst Paul DerOhannesian.

Juveniles coming out of the family courts are rarely sentenced to a facility and if they are? It's only for a short period of time and there's no criminal record. DerOhanessian says the contrast between criminal and family court doesn't end with the outcomes. It starts with how each case is adjudicated.

"The issues in family court aren't decided by a jury," says DerOhannesian. "The legal issues, the factual issues, the dispositions are decided by a judge."

That happens in a private hearing, not a trial. Often, the judge recommends psychological counseling.

"There might have been a problem there that led to that, so let's see if we can't fix it, or, if it's an accidental sort of thing, clearly the child is going to have a significant reaction," says psychologist Dr. Rudy Nydegger.

The Niskayuna based psychologist provides therapy to a number of juveniles referred through the family courts and says while treatment for the subject seems counterintuitive, sometimes it's the only way for them to lead a normal life.

"Further problems that result in adulthood, either further criminal activity, or possibly things like depression or something else," says Nydegger. "If we can take care of that in the child, we reduce the likelihood it's going to be problems as an adult."

Ultimately that's the key. When family court steps in, it's more about protecting a child than it is about penalizing them for adult behavior.