Transcript CURRENT TRENDS IN THE JUVENILE COURT SYSTEM

Presented By:
John Wilaby, Juvenile Court Officer II
2nd Judicial District of Iowa
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Within the Iowa Judicial Branch
8 Judicial Districts with no centralized
administration
Each district operates independently
235 Juvenile Court Officers and 45 Support
Staff
Funding for services comes from federal, state
and local funds
602.7202 Juvenile court officers.
1. Subject to the approval of the chief judge of the judicial district,
the chief juvenile court officer shall appoint juvenile court
officers to serve the juvenile court. Juvenile court officers may
be required to serve in two or more counties within the judicial
district.
2. Juvenile court officers shall be selected, appointed, and removed
in accordance withrules, standards, and qualifications
prescribed by the supreme court.
3. Juvenile court officers have the duties prescribed in chapter
232, subject to the direction of the judges of the juvenile court.
A judge of the juvenile court shall not attempt to direct or
influence a juvenile court officer in the performance of the
officer’s duties.
4. A juvenile court officer has the powers of a peace officer while
engaged in the discharge of duties.
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Primarily delinquency cases
Intake
• Referral for Petition
• Predisposition & Waiver Investigation & Report
• Case Supervision
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Assist mental or substance abuse committal
CINA if dual adjudication
CINA in lieu of delinquency
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Intake
Informal Adjustment
Continuance for Probation Terms
Consent Decree
Examination
Adjudication
Disposition, Restitution, Sex Offender
Registry
Review/ Permanency
Interstate Compact
Waiver of Jurisdiction
Sealing of Records
JUVENILE COURT FLOW CHART
JUVENILE IN CUSTODY
LOCAL LAW
ENFORCEMENT
REFERRAL TO JUVENILE
COURT (DETENTION OR
SHELTER PLACEMENT??)
INTAKE-INTERVIEW
INFORMAL PROBATION
IF
SUCCESSFUL/DISMISSED
IF
UNSUCCESSFUL/PETITION
FILED
REFERRAL TO COUNTY
ATTORNEY
PETITION FILED
Court process continued on
The following slide
FLOW THROUGH COURT PROCESS
Referral to County Attorney
Petition Filed
Adjudicatory Hearing
Guilty or not Guilty
Waiver Hearing
Adult Court or Juvenile Court
Dispositional Hearing
Specific conditions for Formal Probation
District Court/Adult Court
Formal Probation
Placement Options ordered by Judge
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Dismiss immediately
Dismiss with warning/counseling
Informal Adjustment- (6 month probation status-and supervised
by a Juvenile Court Officer without Juvenile Court involvement).
Referral to Juvenile Court-Adjudication (formal probation)
-Waiver to Adult court
-Direct file to Adult court
FACTORS THAT INFLUENCE DISCRETION
•AGE
•SERIOUSNESS OF VIOLATION
•PRIOR RECORD
•MENTAL APTITUDE
•PARENTAL RESPONSE/NEEDS WITHIN THE HOME
Affects of being charged
and/or ADJUDICATED
Adjudicatory Hearing means a hearing to determine if the allegations of a
petition are true. If the allegations are determined to be true the Child is
Adjudicated- (Guilty).
If a Child is adjudicated it is public information. Anyone can check Iowa Courts
Online (web site) and acquire court information.
Adjudications have an affect on employment, schooling and military.
An adjudicated child’s record stays open two years past their 18th
birthday at which time they have to make a formal request to the judge to
have their record sealed.
1) Warrant
2) Escape from a juvenile correctional institution
3) Probable cause the child committed a delinquent act and a least one of
the
following:
a. Substantial probability they will run away or be unavailable for court
b. Serious risk they may inflict serious bodily harm on self or another if
released.
c. Serious risk they may commit serious damage to property
4) Probable cause the child has committed the act of possession with
intent to
deliver meth, cocaine or mixtures there of
5) By order placing child in secure custody
6) Probable cause the child has committed domestic abuse
7) 123.47 is excluded per 232.19
**CHILD IS ENTITLED TO A HEARING WITHIN 24 HOURS (Business days)
1.
Child has no parent, guardian, custodian, responsible adult relative, or
other adult approved by the court who will provide proper shelter,
care and supervision.
2.
Child desires to be placed in shelter care.
3.
Necessary to hold for transfer to another jurisdiction.
4.
When being placed pursuant to an order of the court.
5.
A child 12 yrs. Of age or younger shall not be placed in a group shelter
care home unless reasonable efforts have been made to place in an
emergency foster family home first.
**Must be an order within 48 hrs. **Runaways can’t be held longer than
72 hrs.
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Youth enjoy a somewhat favored position over their
adult counterparts, depending on their crime.
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Juvenile court operates on the premise that the state
owes children a duty of protection and rehabilitation.
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The approach in adult court is a combination of
punishment, incarceration and rehabilitation.
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Juvenile court wants to help children in trouble with the
law rather than simply punish them to use as an
example for others.
Three Overarching Goals in Each Case
1.) Community Safety
2.) To Develop a Plan that Reinforces
Personal Accountability
3.) To Assist in Developing within Each
Juvenile the Internal Controls necessary for
Pro-social Decision Making
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Great informality, no jury trials, sight and
sound separation
Parents must be notified as soon as
possible.
Charges aren’t filed, petitions are filed in
their best interest.
Subpoenas are not issued, you are
summoned.
Not convicted, adjudications are entered.
Not sentenced, dispositions rendered.
Judges are supposed to be humanitarians
well versed in developmental issues.
Waiver hearing and waiver of jurisdiction.
1. After the filing of a petition which alleges that a child has committed a delinquent act on the basis of an alleged
commission of a public offense and before an adjudicatory hearing on the merits of the petition is held, the
county attorney or the child may file a motion requesting the court to waive its jurisdiction over the child for
the alleged commission of the public offense or for the purpose of prosecution of the child as an adult or a
youthful offender. If the county attorney and the child agree, a motion for waiver for the purpose of being
prosecuted as a youthful offender may be heard by the district court as part of the proceedings under section
907.3A, or by the juvenile court as provided in this section. If the motion for waiver for the purpose of being
prosecuted as a youthful offender is made as a result of a conditional agreement between the county attorney
and the child, the conditions of the agreement shall be disclosed to the court in the same manner as provided
in rules of criminal procedure 2.8 and 2.10.
2. The court shall hold a waiver hearing on all such motions.
3. Reasonable notice that states the time, place, and purpose of the waiver hearing shall be provided to the
persons required to be provided notice for adjudicatory hearings under section 232.37. Summons,
subpoenas, and other process may be issued and served in the same manner as for adjudicatory hearings as
provided in section 232.37.
4. Prior to the waiver hearing, the juvenile probation officer or other person or agency designated by the court shall
conduct an investigation for the purpose of collecting information relevant to the court's decision to waive its
jurisdiction over the child for the alleged commission of the public offense and shall submit a report
concerning the investigation to the court. The report shall include any recommendations made concerning
waiver. Prior to the hearing the court shall provide the child's counsel and the county attorney with access to
the report and to all written material to be considered by the court.
5. At the waiver hearing all relevant and material evidence shall be admitted.
6. At the conclusion of the waiver hearing the court may waive its jurisdiction over the child for the alleged
commission of the public offense if all of the following apply:
a. The child is fourteen years of age or older.
b. The court determines, or has previously determined in a detention hearing under section 232.44, that there is
probable cause to believe that the child has committed a delinquent act which would constitute the public
offense.
c. The court determines that the state has established that there are not reasonable prospects for rehabilitating the
child if the juvenile court retains jurisdiction over the child and the child is adjudicated to have committed the
delinquent act, and that waiver of the court's jurisdiction over the child for the alleged commission of the
public offense would be in the best interests of the child and the community.
7. a. At the conclusion of the waiver hearing and after considering the best
interests of the child and the best interests of the community the court may, in
order that the child may be prosecuted as a youthful offender, waive its
jurisdiction over the child if all of the following apply:
(1) The child is fifteen years of age or younger.
(2) The court determines, or has previously determined in a detention hearing under
section 232.44, that there is probable cause to believe that the child has
committed a delinquent act which would constitute a public offense under
section 232.8, subsection 1, paragraph "c", notwithstanding the application of
that paragraph to children aged sixteen or older.
(3) The court determines that the state has established that there are not reasonable
prospects for rehabilitating the child, prior to the child's eighteenth birthday, if
the juvenile court retains jurisdiction over the child and the child enters into a
plea agreement, is a party to a consent decree, or is adjudicated to have
committed the delinquent act.
b. The court shall retain jurisdiction over the child for the purpose of determining
whether the child should be released from detention under section 232.23. If
the court has been apprised of conditions of an agreement between the county
attorney and the child which resulted in a motion for waiver for purposes of the
child being prosecuted as a youthful offender, and the court finds that the
conditions are in the best interests of the child, the conditions of the agreement
shall constitute conditions of the waiver order.
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124.401(1) (e) Controlled Substance, Manufacturer/Deliver/Possess &
Possession/Control of Firearm
124.401(1) (f) Controlled Substance, Manufacturer/Deliver/Possess &
Possession/Control of Offensive Weapon as defined in section 724.1
707.2 Murder 1st. A felony
707.3 Murder 2nd. B felony
707.4 Voluntary Manslaughter. C felony
707.6A (1) Vehicular Homicide—OWI. B felony
707.6A (2) Vehicular Homicide—Reckless Driving/Eluding. C felony.
707.11 Attempt to Commit Murder. B felony
708.3 Assault While Participating in a Felony w/Injury. C felony
708.4(1) Willful Injury, Causes Serious injury. C felony
708.6 Intimidation with a Dangerous Weapon w/ Intent to Injure. C felony
709.2 Sexual Abuse 1st. A felony
709.3 Sexual Abuse 2nd. B felony
709.4 Sexual Abuse 3rd. C felony (Exceptions: a. committed between spouses,
b. victim 14/15 years of age and perp. is 4 or more years older, c. committed
by a counselor, therapist, or school employee)
710.2 Kidnapping 1st. A felony
710.3 Kidnapping 2nd. B felony
710.4 Kidnapping 3rd. C felony
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711.2 Robbery 1st. B felony
711.3 Robbery 2nd. C felony
712.2 Arson 1st. B felony
713.3 Burglary 1st. B felony
723A.2 Criminal Gang Participation. D felony
724.3 Unauthorized Possession of Offensive Weapon. D felony
724.4B (1) Carrying Weapons on School Grounds. D felony
724.16A Trafficking in Stolen Weapons. D felony
724.21 Giving False Information When Acquiring Weapon. D felony
724.22(2) Persons under 21, Sale, Loan, Gift, Making Available --Possession, 2nd offense. D
felony
724.26(1) Possession Firearm/Offensive Weapon by Felon. D felony
724.30(1) Reckless Use of Firearm/Serious Injury. C felony
724.30(2) Reckless Use of Firearm/Bodily Injury. D felony
726.6(4) Child Endangerment/Death. B felony
726.6(5) Child Endangerment/Serious Injury. C felony
726.6(6) Child Endangerment/Bodily Injury. D felony
232.45A(2) Once a child sixteen years of age or older has been waived to and convicted of
an aggravated misdemeanor or a felony in the district court, all criminal proceedings
against the child for any aggravated misdemeanor or felony occurring subsequent to the
date of the conviction of the child shall begin in district court, notwithstanding sections
232.8 and 232.45. A copy of the findings required by section 232.45, subsection 10 shall
be made a part of the record in the district court proceedings.
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“Lock them up and throw away the key”
Focused on overall behavior rather then
specific act.
Revoked on issues not relevant to the
original offense.
Less utilization of community based
services.
More punitive in nature.
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Evidence based practices are used. i.e
Motivational Interviewing, IDA.
More community based approach.
Focus on the charge and reason referred to
JCS, less focus on other behavior.
Evidence based services.
Still held accountable for actions, however,
may get an extra try at success.
Probation Vs. Parental Responsibility.
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Research begun in the 1990’s
Meta-Analysis
Study
Study
Study
What Works Principles
Systems can actually drive up the risk to
low-risk juveniles by disrupting their prosocial or healthy networks
Pro-social or
Healthy
Networks
System
Expectations
Latest research on what works into
Daily operations of Juvenile Justice
What Works Principles
of Effective
Intervention
•Risk Principle (Who to serve)
•Need Principle (What to provide)
•Responsivity Principle (How to provide it)
•Program Integrity Principle (How effective)
Our most intensive resources
should go to those who are at
the highest risk
Repair Shop
(System)
High-risk
Juvenile
Don’t Try to
Fix What is
Not Broken
Low-risk Juvenile
66% of JCS Referrals
DO NOT Reoffend
IDA - Iowa Delinquency
Assessment Tool
Measures Domains
Using Statistical Analysis
High Risk Areas That Are Dynamic
(Changeable)
1.) Prior Record
2.) Family
3). Education
4.) Substance Abuse
5.) Leisure
6.) Temperament
7). Peers
8). Mental Health
Anti-Social Thinking
Anti-Social Peers
Temperament
Areas that are most likely to be
responsible for the Juvenile’s behavior
Assess the Stages of Change
Pre-Contemplation
Contemplation
Preparation
Action
Adaptation/Maintenance
Relapse
JCO Uses Motivational Interviewing Techniques to:
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Reflectively listen-Don’t preach or lecture!
Repeat and rephrase juvenile’s statements to
challenge emotions and thinking
Pull self-motivating statements from the juvenile
that can help them recognize the problem areas
Steer the juvenile through the consequences of
continued negative thinking and behaviors
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Interactively Craft a Case Plan
Juveniles must help build and “buy in”
Juvenile assumes responsibility for its
follow-through
Strengths and interests must be optimized
Incentives are necessary
Sanctions need to be imposed that are
agreed upon and fit the relapse behavior
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Identify levels of risk and match resources to need
Limit high-risk/low-risk intermingling in programs
Use highly skilled communication techniques that enhance
internal change
Target criminogenic (crime producing) needs that make
juveniles riskier
Apply the right dosage of need based on the assessment
Increase positive reinforcement using creative incentives
and graduated sanctions for compliance
Build community partnerships that increase the capacity
of systems to help lessen recidivism
Measure and evaluate all components of the supervision
process
Review hiring procedures and target resilience building
individuals for the work force of tomorrow
Number of Referrals
8%
26%
One Referral
Two or Three
Four or More
66%
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Functional Family Therapy
Aggression Replacement Training
Drug Courts
Crossover Project
Mentoring Projects
Girls Groups
Transitional Education Services
Juvenile Detention Alternatives Initiative
Disproportionate Minority Contact
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Theft/Shoplifting diversion
Community Service
Restitution Recovery
Weekend Offender Program
In-Home Counseling (BHIS, REHAB)
Tracking and Electronic Monitor
Day Treatment
Anger Management
Life Skills
School Liaison
1st time Possession of Alcohol class
Substance Abuse-Outpatient
Mental Health-Outpatient
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Substance Abuse-Inpatient 90+ days
Psychiatric Mental Health Institute for Children-6+
months
Residential Placement- 90 days to………
Iowa State Training School for Boys (ELDORA)/
Girls (TOLEDO)-30 Day evals and long term
placement.
Detention or Shelter-While pending Court or
placement.
Supervised Apartment Living
Family Foster Care
Relative placement
Out of State Placement
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Family Foster care $6,000- $7,500
Drug Court $7900 (2009)
Detention $350 per day average in
Iowa. Each center sets rates and paid
by county. Daily rate ranges from $50
to $495.
Shelter $150 per day, part paid by state,
part by county.
Residential treatment $40,000-$60,000
State Training School at Eldora $95,000
Iowa Juvenile Home $105,000
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Focus more on child specific reporting. i.e group
care, focus on the child specific problems rather
than facility rules.
Continuously look at policies/procedures. Look at
increasing visits, phone calls etc. Look at what
changes could better the child/family.
Get more parental involvement, regardless if
community based or inpatient. Unless this is
detrimental to the child.
Reports/progress notes in a timely fashion. Helps
confirm compliance if a court ordered service.
Open communication, email, phone etc…
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Funding for Services- Treatment funds flow
through the Iowa Department of Human ServicesGraduated Sanctions Programs- Since 2001 these
funds have been reduced by 40%
Federal Funds -2001 $6.8 mil – Proposed next
year less than $1million
Mental Health Services for Juvenile Justice
Transition Services/Educational Re-attachment
Bed Capacity at the State Training Schools
Maintaining a Highly Skilled Workforce
Training Funding for JCOs and support staff
You are important to every child you
encounter. You can make the difference
between a child being a good/productive
citizen and not becoming a delinquent!
“It takes a village to raise a child”