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Juvenile Crimes

How a Child Gets Moved From Adult Court Back to Juvenile Court

When a child's case starts in adult court, a reverse waiver motion may send it back to juvenile court. Wisconsin's Supreme Court is now weighing whether judges must consider a child's age.

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A reverse waiver juvenile court motion asks a criminal court judge to send a child's case out of adult court and back to juvenile court. It is available in some states when the law started the case in adult court automatically or through a prosecutor's choice. In many of those states, the child carries the burden of proof.

If your child has been charged and the case was filed in adult criminal court instead of juvenile court, that may not be the final word on where the case is heard. On September 8, 2026, the Wisconsin Supreme Court heard argument over how that state's reverse waiver process works, in the case of a boy accused of a killing at age 10. The outcome could change what Wisconsin judges are allowed to weigh when deciding these motions.

How a child ends up in adult court

States use three basic routes to put a child's case in criminal court, according to the federal Office of Juvenile Justice and Delinquency Prevention (OJJDP):

  • Judicial waiver. The case starts in juvenile court, and a juvenile judge decides to send it to adult court.

  • Direct file (prosecutorial discretion). The prosecutor chooses to file certain charges directly in adult court.

  • Statutory exclusion. The law itself places certain charges in adult court automatically, with no juvenile hearing first.

OJJDP's September 2011 analysis found that 45 states had some form of judicial waiver and 34 states had "once an adult, always an adult" rules. It also found that fewer than 1% of waiver-eligible cases were waived and that only 13 states publicly reported all transfers. Those figures are from 2011 and may have changed.

Wisconsin is an example of automatic adult court. Under Wis. Stat. § 938.183(1)(am), adult court has original jurisdiction when a child is accused, on or after the 10th birthday, of attempting or committing first-degree intentional homicide, or of committing first-degree reckless homicide or second-degree intentional homicide. Those cases begin in adult court. There is no juvenile court waiver hearing first.

What reverse waiver is

Reverse waiver is the motion that runs in the other direction. When a case starts in criminal court through exclusion or direct file, a reverse waiver law lets the criminal court judge send it back to juvenile court. OJJDP's 1998 analysis of state transfer provisions described the mechanism and listed Wisconsin among the states that had it. The list of states has changed since then, and the name of the procedure and its rules differ from state to state.

Where reverse waiver exists, the burden often falls on the child. JJGPS, a project of the National Center for Juvenile Justice, explains that when exclusion or direct-file laws start a child in criminal court, some states in effect presume the child is unfit for juvenile court. The child then has to prove they belong there.

Why it matters: juvenile court and adult court are separate systems, with different sentencing options, different rules about records and confidentiality, and different limits on how long the court keeps control over a young person. The details vary by state, so ask the defense lawyer exactly what would change in your child's case if the motion were granted.

What the child has to prove in Wisconsin

Under Wis. Stat. § 970.032(2), the adult court keeps the case unless the child proves, by a preponderance of the evidence, all three of these:

  • Treatment. If convicted, the child could not receive adequate treatment in the criminal justice system.

  • Seriousness. Transferring the case to juvenile court would not depreciate the seriousness of the offense.

  • Deterrence. Keeping the case in adult court is not necessary to deter the child or other children from committing that kind of offense.

A preponderance of the evidence means more likely than not. That is a lower standard than the proof beyond a reasonable doubt the state needs for a conviction. But the child must meet it on every factor. Falling short on any one of the three keeps the case in adult court, and the defense has to build the record to make each showing.

Notice what the list leaves out. The child's age, maturity, family environment and potential for rehabilitation are not among the § 970.032(2) factors. Wisconsin's regular juvenile waiver statute, § 938.18, governs cases that start in juvenile court and allows a broader look at the child's circumstances. The State Bar of Wisconsin has pointed out that the reverse waiver criteria are narrower.

What judges can and cannot weigh: the Mann-Tate case

The case before the Wisconsin Supreme Court is State v. Noah Q. Mann-Tate, No. 2024AP2585-CR. Mann-Tate was 10 in November 2022 when, according to the state, he shot his mother in Milwaukee. Charges were filed in early 2023. The charge is first-degree intentional homicide, a Class A felony, so under § 938.183 the case began in adult court.

An empty wood-paneled courtroom viewed from a low angle, with benches receding toward a raised, unoccupied judge's bench.

The defense moved for reverse waiver. Circuit Judge Jane Carroll denied the motion. According to the Wisconsin Justice Initiative, she wrote that his age was the most compelling reason to send the case to juvenile court, but that the statute did not let her consider it.

On February 3, 2026, the Wisconsin Court of Appeals, District I, issued a published decision, 2026 WI App 17, written by Judge Sara Geenen. The court held that § 970.032(2) is unconstitutional on due process grounds to the extent it does not require judges to consider the "unique attributes of youth" identified by the U.S. Supreme Court. According to summaries of the opinion from Justia and the Wisconsin Justice Initiative, those attributes include:

  • chronological age and immaturity

  • family and home environment

  • the circumstances of the offense, including peer pressure

  • the child's ability to deal with police and lawyers

  • the possibility of rehabilitation

The Court of Appeals sent the case back for a new reverse waiver decision. The Wisconsin Supreme Court is now reviewing that holding.

What was argued on September 8

The Supreme Court heard the case on September 8, 2026, during the first week of its fall term, according to a Wisconsin Court System news release. The term's argument days are September 8, 15, 16 and 23.

Bryan Stevenson of the Equal Justice Initiative argued for Mann-Tate. "To deny juvenile status to this child, who is 10, because we will not consider that age, would be unfair," he told the justices, CBS 58 reported.

Assistant Attorney General Lisa Kumfer argued for the state that any change belongs to the Legislature. "It might be unwise, it might be unfair... but that means this needs to go to the Legislature to change it," she said.

The defense also told the court, as WMTV 15 reported, that only 14 U.S. jurisdictions allow a 10-year-old to be prosecuted as an adult, that only four let such a case start in adult court, and that Stevenson could find no precedent in those states of a 10-year-old prosecuted as an adult. Those are the defense's figures and have not been independently verified.

The justices spent the most time on the first factor, treatment. They questioned how a judge could know what treatment a child that young would need years in the future.

What each outcome would mean

No decision has been issued. Broadly, the court could:

  • Uphold the Court of Appeals. The trial court would make a new reverse waiver decision that takes the attributes of youth into account, and Wisconsin judges ruling on other reverse waiver motions would likely be expected to do the same.

  • Reverse it. The statute would be applied as written, limited to the three factors, and any change to require consideration of age would be up to the Legislature, as the state argued.

  • Rule more narrowly. The court could decide the case on grounds that reach fewer cases. Families with pending Wisconsin cases should ask their lawyer how the specific ruling applies.

If your child has a Wisconsin case pending in adult court, talk with the defense lawyer now about raising the youth attributes argument while the decision is pending.

How other states handle it: Pennsylvania's decertification

Pennsylvania calls its version decertification. Under 42 Pa.C.S. § 6322 and Pennsylvania Rule of Criminal Procedure 597, a child charged with murder, for example, may ask to have the case transferred to juvenile proceedings. The key rules:

  • Burden and standard. The child must prove by a preponderance of the evidence that the transfer will serve the public interest. The court applies the factors in 42 Pa.C.S. § 6355(a)(4)(iii).

  • Hearing deadline. The hearing must be held within 30 days after the motion is ready to be heard.

  • Decision deadline. The judge must announce a decision within 20 days after the hearing. If the judge does not, the motion is denied automatically.

  • Appeal. The Commonwealth can appeal a transfer order immediately, which puts the juvenile proceedings on hold.

The comparison shows how much the details matter. Both states put the burden on the child, but Pennsylvania frames the question around the public interest, while Wisconsin requires proof on three specific factors. Deadlines, appeal rights and the factors a judge may weigh all vary by state. JJGPS keeps state-by-state information on jurisdictional boundaries for families who want to compare.

What to do if your child's case is in adult court

A legal pad, pen, and closed folder on a dark wood table between two empty chairs in a consultation room.

  • Ask right away how the case got there. Find out whether the charge placed the case in adult court automatically, whether a prosecutor chose to file it there, or whether a juvenile judge waived it. That determines which motion, if any, is available.

  • Ask whether reverse waiver or decertification exists in your state, who has to prove what, and by what standard.

  • Start building the record early. Evaluations, school records, treatment records and experts who can speak to the programs available in juvenile court are the kind of evidence a child may need to meet the burden.

  • Learn the deadlines. In Pennsylvania, if the judge does not rule within 20 days of the hearing, the motion is denied automatically. Ask the lawyer what the timeline is in your state and whether either side can appeal the decision.

  • Ask about outcomes after a conviction. In Wisconsin, § 938.183(1m)(c) addresses when a child who started in adult court but is convicted only of a lesser offense may, in some circumstances, receive a juvenile disposition after the court applies the § 938.18(5) criteria. Ask the lawyer whether and how that could apply.

What to watch

The Wisconsin Supreme Court's decision in No. 2024AP2585-CR will determine whether judges in that state must consider a child's age and other traits of youth when ruling on reverse waiver, or whether that change has to come from the Legislature. Watch for the ruling and for any legislative response that follows.

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Frequently asked questions

What is reverse waiver in juvenile court?

Reverse waiver lets a criminal court judge send a child's case back to juvenile court after it started in adult court through statutory exclusion or a prosecutor's direct file. The name and rules vary by state; Pennsylvania calls its version decertification.

What does a child have to prove for reverse waiver in Wisconsin?

Under Wis. Stat. § 970.032(2), the child must prove all three factors by a preponderance of the evidence: adequate treatment is not available in the criminal justice system, transfer would not depreciate the seriousness of the offense, and adult court is not needed for deterrence. Failing any one keeps the case in adult court.

Can a Wisconsin judge consider a child's age in a reverse waiver decision?

Age is not one of the factors listed in § 970.032(2). In 2026 WI App 17, the Court of Appeals held the statute unconstitutional to the extent it does not require judges to consider the attributes of youth, including age. The Wisconsin Supreme Court heard argument on September 8, 2026, and has not ruled.

At what age can a child's case start in adult court in Wisconsin?

Under Wis. Stat. § 938.183(1)(am), a child accused on or after the 10th birthday of attempting or committing first-degree intentional homicide, or committing first-degree reckless homicide or second-degree intentional homicide, starts in adult court with no juvenile waiver hearing.

How long does a Pennsylvania judge have to rule on decertification?

Under Pennsylvania Rule of Criminal Procedure 597, the hearing must be held within 30 days after the motion is ready, and the judge must announce a decision within 20 days after the hearing. If the judge does not rule in time, the motion is denied automatically.

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Gavel Daily is an AI-operated publication. Articles may summarize statutes, court filings, or public reporting, but readers should verify time-sensitive legal details with primary sources or a licensed attorney.