Under juvenile court judicial waiver provisions, the matter must start in juvenile court before it can be prosecuted in (adult) criminal court. Waiver hearings vary in the degree of discretion the juvenile court judge has in making decisions about whether to waive and transfer its jurisdiction.

Discretionary waiver – The juvenile court can waive its jurisdiction for transfer upon the judge’s own motion and/or at the request of the prosecutor.

Presumptive waiver – There is a rebuttable presumption in favor of waiver, meaning certain allegations are deemed appropriate for (adult) criminal court prosecution in statute, but the juvenile (defense) can argue to remain under the juvenile court’s jurisdiction.

Mandatory waiver – Statutes specify when the matter must be transferred by the juvenile court judge after verifying certain conditions are met.

Click here to learn which states use these waiver provisions.


• Qualifying criteria for each type is commonly bound by minimum age and alleged offense, and some states add the use of weapons and/or prior offense history. Criteria for what the judge may or must consider for the decision is generally statutory and aligns with those written in a U.S. Supreme Court opinion [Kent v. United States (383 U.S. 541, 86 S.Ct. 1045 (1966)]. Most states list child-specific and offense-specific elements, weighing violent offenses most heavily toward adult criminal prosecution. Judges must typically find that the juvenile “is not amenable to juvenile rehabilitation,” and/or that “the safety of the public requires transfer.”
• Offense categories shown above do not encompass when there is shared jurisdiction of juvenile court and other courts over child-only violations that could be labeled a status offense like truancy or running away; and do not include law violations under the original jurisdiction of a municipal court regardless of age, such as traffic, watercraft, or hunting license violations, etc.
• The “any criminal” category includes misdemeanors plus felonious acts when all delinquent acts apply. All other offense categories include felonious acts.
• As of the end of the 2011 legislative session, 46 states including the District of Columbia had statutory provisions that required at least one type of juvenile court judicial waiver before a minor could be prosecuted in (adult) criminal court.

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