Notification (Tonggo) Procedure

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1. 1Preparing the notification
2. 2Submission to the juvenile division
3. 3Receipt and inquiry by a juvenile investigator
4. 4Decision on whether to open a hearing
5. 5Hearing date
6. 6Decision on protective disposition

• Basic step
• Additional action / option
• Rejection / objection
• End of procedure

Time required

Varies by case

Cost

The Juvenile Act and the Juvenile Adjudication Rules do not set any fee for filing a notification (for some protective dispositions, the guardian bears the cost of custody)

Procedure guide

Read from start to finish in order. Red text marks deadlines set by law.

1. 1

   Notification is a system in which a guardian, school principal, head of a social welfare facility or head of a probation office reports a child's delinquent acts (problem behavior) directly to the juvenile division of the family court, without going through the police or the Public Prosecution Office. Because no investigation record is created, the focus can be on correcting the child.

2. 2

   In the notification, you write the child's personal details, the delinquent acts and the reason for the notification. You may also give it orally instead of in writing. Ask the competent juvenile division about how to give notification in writing or orally (Juvenile Adjudication Rules §6).

3. 3

   Submit the completed notification to the juvenile division of the family court (district court) that has jurisdiction over where the child lives (or where the problem behavior took place, or where the child is now). The victim student's side cannot give notification directly but can ask the school principal to do so. However, whether to actually give notification is up to the principal's judgment (discretion).

4. 4

   Once the juvenile division receives the case, a juvenile investigator interviews the child and the guardian and looks into the causes of the delinquency and the family and school environment.

5. 5

   If the inquiry finds that a protective disposition is needed, the court decides to open a hearing; if not, it decides not to open a hearing. If a hearing is opened, the judge questions the child and the guardian in private (examination) and hears the opinion of the assistant (who acts as the juvenile's defense counsel).

6. 6

   Just as in a juvenile protection trial, the court chooses among protective dispositions No. 1 to 10 (from entrusting the child to the guardian to commitment to a juvenile reformatory). If you find the decision hard to accept, you can file an appeal within 7 days.

Frequently asked questions

Practical questions that come up right away in this procedure.

QIf I file a notification, will my child have a record?

Notification is a procedure that reports directly to the juvenile division without going through the police or the Public Prosecution Office (formerly the Prosecutors' Office). The law states that a protective disposition of a juvenile does not affect the juvenile's future personal status in any way.Agencies related to a juvenile protection case do not respond to inquiries about the details of the case. The only exceptions are when it is needed for a trial, an investigation or military purposes.

QWhere do I get the notification form and where do I file it? Does it cost anything?

You file it with the juvenile division of the family court that has jurisdiction over where the child lives (or where the problem behavior took place, or where the child is now). In areas without a family court, you file it with the juvenile division of the district court. You may also give notification orally instead of in writing.The Juvenile Act and the Juvenile Adjudication Rules do not set any fee for filing a notification. Ask the competent juvenile division about the form and how to submit it.

QDoes a notification always lead to a protective disposition?

No. If the investigator's inquiry finds that no protective disposition is needed, the case ends with a decision not to open a hearing (a decision not to hold a trial). Even if a hearing is opened, it may end with a decision of no disposition if a protective disposition is found unnecessary.

QCan I cancel the notification if I change my mind afterwards?

The Juvenile Act has no separate procedure for withdrawing a notification. Once it is received, the juvenile division judge decides whether to open a hearing based on the results of the inquiry.So if you change your mind, tell the juvenile division about the changed circumstances and wait for its decision. It is best to consult the competent juvenile division thoroughly before filing.

QCan the parents of a victim student file a notification against the offending student?

No. Only a guardian, a school principal, the head of a social welfare facility or the head of a probation office can give notification. The victim student's side can respond by asking the school principal to give notification, filing a criminal complaint or report with the police, or reporting to the School Violence Countermeasures Deliberation Committee.

QHow is notification different from a criminal complaint or a report?

The biggest difference is that it does not go through a police investigation. Notification is a system in which the court directly looks into the child's environment and decides on educational and protective dispositions. Because punishment is not the goal, there are no procedures such as an investigation stage or a compensation order.The focus is on correcting the child early. However, if there is a victim, the victim may state an opinion at the hearing date.