Crossover Youth in the Juvenile Delinquency System

Transcription

1 Crossover Youth in the Juvenile Delinquency System 2015 Georgia CASA Conference March 2015 Randee J. Waldman Director, Barton Juvenile Defender Clinic Emory Law School 1301 Clifton Road Atlanta, GA

2 Delinquency: Why it Matters for the Child Welfare Professional Dual Jurisdiction or Crossover Youth Youth involved in both the Juvenile Justice (JJ) and Child Welfare (CW) systems Youth who either commit delinquent acts while still involved in or after leaving the child welfare system Youth in the juvenile justice system who are referred to the child welfare system for suspected child maltreatment

3 Crossover / Dual-Jurisdiction Youth: Statistics Maltreated children were: Younger at the time of their first arrest Committed nearly twice as many offenses Were arrested more frequently Being abused or neglected increased the likelihood of arrest: As a juvenile by 59% As an adult by 28% For a violent crime by 30%

4 Crossover / Dual-Jurisdiction Youth: Some Characteristics More likely to be detained Remain longer in the delinquency system Recidivate at higher rates than youth with just a delinquency history Present co-occurrence of problem behaviors: Substance abuse Mental health issues Educational disabilities

5 Crossover / Dual-Jurisdiction Youth: Risk and Protective Factors Placement Instability Number of Placements: The more substitute care placements, the greater the risk for delinquency Type of Placements: Congregate care increases the risk more than foster care settings Age at Time of Maltreatment Maltreatment that begins and ends in childhood less problematic Persistent maltreatment and adolescent limited maltreatment is more problematic for a range of problem behaviors

6 Crossover / Dual-Jurisdiction Youth: Risk and Protective Factors Social Bonds Attachment to positive adults can reduce the likelihood of delinquency Commitment to school and possibly religious organizations can reduce the likelihood of delinquency

7 Delinquency: Brief History 1899 First Juvenile Courts Established in IL 1960s Incorporation of Due Process Rights in Juvenile Courts Gault Winship McKiever 1980s-1990s Super-Predator 2000s Re-Recognition that Kids are Different Roper Graham; Miller JDB

8 Delinquency: GA Juvenile Court Jurisdiction Status offenders / CHINS (under 18) Criminal offenses committed by those under 17 except: Seven deadly sins : 13+ who commits murder, rape, armed robbery with a firearm, aggravated child molestation, aggravated sodomy, aggravated sexual battery or voluntary manslaughter Judicial waiver: 15 (felony); or (act punishable by death or life in prison, or aggravated battery) Traffic offenders (under 17)

9 GA Delinquency: Terms Child: under 17 for Delinquent Act under 18 for Status Offense / CHINS Taken into custody: arrest Petition: formal charges Adjudicatory Hearing: trial Delinquent child: committed an act that would be a crime if committed by an adult and is in need of treatment or rehabilitation Status offense: an act that would not be a crime if the child were an adult Disposition: sentencing

10 Delinquency: Steps in Process Referral / Complaint Intake Detention Petition Arraignment Adjudication Disposition

11 Delinquency Case Timelines Complaint/Intake If Child Is Not In Custody: If Child Is In Custody: Petition Alleging Delinquency Within 30 days of complaint or 30 days after release Detention Hearing (arrest warrant = 5 business days) (no arrest warrant = 2 business days) Arraignment Hearing Within 30 days of filing the petition Petition Alleging Delinquency Within 72 hours of detention hearing Adjudication Hearing Within 60 days of filing the petition Adjudication Hearing Within 10 days of filing the petition Disposition Hearing Within 30 days of adjudication hearing Disposition Hearing Within 30 days of adjudication hearing

12 Referral / Complaint Complaint filed by citizen or law enforcement If not detained after complaint, shall be promptly referred to intake or given a date for arraignment

13 Intake After the referral, child is brought before intake officer Court official: can be probation officer, DJJ worker or someone else designated by the court Intake officer decides if case should proceed formally or through informal adjustment Factors: youth s age, prior history, seriousness of the offenses, youths attitude or explanation Intake officer decides detention or release pending hearing DAI

14 Informal Adjustment Probation officer informally monitors child for period of time Usually 3 months Discretion to proceed to adjudication is retained until informal probation is completed If informal probation is successfully completed, charges are dismissed

15 Detention Hearing Shall be held no later than: 2 business days if custody without arrest warrant 5 business days if custody with arrest warrant Probable cause review within 48 hours At detention hearing, court shall inform child of: Contents of complaint or petition Nature of the proceedings Right to make an application for bail Possible consequences or dispositions Due process rights

16 Detention Decision Probable cause Clear and convincing evidence that freedom should be restrained, that no less restrictive alternatives will suffice, and that: May inflict serious bodily harm Demonstrated pattern of theft or destruction of property such that detention is required to protect the property of others Secure his or her presence in court Release with or without conditions Ankle monitor, house arrest, curfew

17 Petition Shall be filed by an attorney (prosecuting attorney or designee) Timing: No later than 72 hours after detention hearing Within 30 days of filing of complaint

18 Petition (cont) Contents : Facts bringing child within the jurisdiction Name, age, address Name and address or parent or guardian Place of detention at time taken into custody If child is charged with Class A or Class B designated felony act Amendments: Prior to hearing After jeopardy, shall not be amended to include new charges

19 Arraignment Shall be scheduled within 30 days of the filing of the petition (non-detained) Court shall inform child of: Contents of petition Nature of the proceedings Possible consequences or dispositions Due process rights Represented child may enter an admission Child whose liberty is not in jeopardy may waive right to counsel

20 Adjudication Timing If detained, within 10 days after the filing of petition If not detained, within 60 days after the filing of petition Understandable Language Court shall address the child in language understandable to the child in order to determine whether the child is capable of understanding such statements about his or her rights If capable, denial or admission

21 Adjudication Court determines if allegations in petition are true beyond a reasonable doubt. Rights of the child: - Right to counsel - Right to cross- examination - Right to present witnesses - No right to jury trial Charges dismissed (not delinquent) or move to disposition (delinquent).

22 Possible Dispositions: Overview Commitment to Department of Juvenile Justice (DJJ) For up to 2, 3 or 5 years depending upon the offense Restrictive custody, depending upon the offense 30-day short term treatment program (STTP) Probation: child remains with parent or guardian at home with conditions; probation officer supervises in the community Restitution/Fines: court may determine the amount, after hearing Other: mandatory school attendance or completion, community service, counseling, suspension or prohibit issuing drivers license

23 Disposition Options Order for dependent child not temp DFCS custody Counseling for child and parent/guardian Everyone Supervised probation including probation management Unsupervised probation Studies High School diploma or equivalent Community service Restitution Fines (traffic offenses) Suspension of driver s license

24 Disposition Options Felony/Misdemeanor(+) Everyone options Facility/institution/camp for delinquent children Commitment to DJJ Up to 30 days in secure residential facility or treatment program provided by DJJ or juvenile court **Applicable for felonies and misdemeanors if child has at least one prior felony adjudication and at least three other prior adjudications for a delinquent act.

25 Designated Felony Classes Class A Designated Felony Acts Aggravated assault or assault with a deadly weapon that resulted in serious injury Aggravated battery Armed robbery (no firearm) Arson (first degree) Attempted murder Escape if previously Class A or B Hijacking a motor vehicle Kidnapping Criminal gang activity (most types) Trafficking of substances Fourth felony adjudication if one was a felony crime against a person or a sexual offense Class B Designated Felony Acts Aggravated assault or assault with a deadly weapon that did not result in serious injury Arson (second degree) Attempted kidnapping Battery against school personnel Racketeering Robbery Gang related graffiti Smash and grab burglary Destructive device and hoax device crimes Second car theft Second possession of a handgun School weapons violations Fourth felony adjudication

26 DF Disposition Options Class B Designated Felony If restrictive custody not required felony/misd.(+) options Initial DJJ custody up to 36 months, no more than 18 months in restrictive custody Moderate/High Risk Child at least half of period in secure residential facility, remainder at DJJ discretion Low Risk Child non secure residential facility Intensive supervision after confinement (not to exceed 6 months)

27 DF Disposition Options Class A Designated Felony If restrictive custody not required felony/misd.(+) options Initial DJJ custody up to 60 months Confined in secure residential facility for period set by order Intensive supervision after confinement (not to exceed 12 months)

28 DF Disposition Options Developmental disability If ordered confined to restrictive custody, but diagnosed with DD and not amendable to treatment in a secure residential facility, DJJ may transfer to non-secure residential facility Must notify prosecuting attorney and judge Mandatory secure confinement Serious physical injury upon person 72 or older Credit for time served All time spent in secure or non-secure residential facility shall be counted toward confinement period Early release May be filed every 6 months