Delinquent minors are children who are charged with violating the Criminal Code for offenses allegedly committed prior to their 17th birthday. If they were charged with having committed the same criminal acts after they became 17, they would be prosecuted in the Criminal Court.

Where the alleged delinquent offender is charged with a crime and is 13 years of age or older, the State's Attorney may request that the child's case be transferred to the Criminal Court so that the child will be tried as an adult. In these instances, a special hearing is held by the Juvenile Court to determine if the minor should remain in Juvenile Court or be transferred to the Criminal Court. In these cases, it is the State's burden to prove to the Juvenile Court that the minor should be tried as an adult.

There are two other ways that a minor can be transferred to the Criminal Court. As of January 1, 1995, minors aged 15 or 16, who are charged with certain Class X Felonies (not including first degree murder, aggravated criminal sexual assault, armed robbery with a firearm, aggravated vehicular hijacking with a firearm and certain drug or weapons offenses on property, public housing property and in public parks), are presumed to be transferred to Criminal Court. In these cases, the burden is on the minor to show to the Juvenile Court that he or she should not be transferred.

Individuals who are at least 15 and who are charged with first degree murder, aggravated criminal sexual assault, armed robbery with a firearm, aggravated vehicular hijacking with a firearm, and certain drug or weapons offenses, on school property, public housing property, and in public parks, are automatically transferred to Criminal Court. These minors never enter the Juvenile Court system and are automatically tried as adults.

The philosophy of the Juvenile Court is that children ought to be afforded special consideration, guidance, protection and treatment. Incarceration and detention are options available to juvenile court judges but are to be used as a last resort after less restrictive alternatives have been explored or if such alternatives are not in the best interests of the minor or the public.