When a juvenile is adjudicated delinquent, the judge may require the juvenile to pay one or more of the following as part of the juvenile’s sentence or disposition: restitution, reparation, fees, fines, or costs. Typically, restitution is paid to victims to reimburse them for lost property or damage to their property. Reparation is also paid to victims to reimburse them for personal injury suffered. A fee could include things such as attorney’s fees. A fine is paid to the court or community as a penalty. A cost is assessed to reimburse the county for the expense of various administrative items associated with court proceedings.
When a judge requires a child to pay a restitution, reparation, fee, fine, or cost, the monies owed by the child are considered a judgment against the child in favor of the county probation department.1
Typically, these are collected by the court that imposed the judgment. The court can, however, refer collections to a private collection agency.2
Yes.
The child is responsible for the judgment until the entire amount is paid. The juvenile court that ordered the judgment has the power to collect money from the child until that child reaches age 21. After age 21, another court can assume the power to collect the judgment if it remains unpaid.3
A judge will determine the amount of the judgment based on the nature of the acts committed and the earning capacity of the child.4 In sentencing the child, the judge must look at:
Yes. A court can, as a part of the terms of a child’s probation, require that the child work to help pay for the judgment ordered. The court must specify the nature of the work, the number of hours to be spent performing the assigned tasks, and the percentage of the child’s earnings (up to 75%) that can contribute to the restitution ordered. The child must earn no less than the minimum wage of Pennsylvania.6 If the child needs assistance in finding an appropriate job, the child may ask the judge to instruct the probation department to aid in a job search.
Yes. A court may order parents, guardians or custodians to contribute to the judgment. If they do not comply with this order, they may be found in contempt of court.7
Yes. Any sheriff’s costs, filing fees, and costs of the county probation department or other appropriate governmental agency will be charged to the juvenile defendant. These costs, along with the total amount of the judgment, can be collected by the county probation department or other appropriate governmental agency.8
This fact sheet is provided for informational purposes only and does not constitute legal advice. Applicability of the legal principles discussed in this fact sheet may differ substantially in individual situations, different counties, or in different states. If you have a specific concern or legal problem, do not rely on these materials. Be sure to seek the advice of an attorney about your particular situation and facts.
Children’s Rights: Facts You Should Know was made possible by a grant from the Samuel S. Fels Fund. Spring 1999.
Last updated: Summer 2007
