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2. Introduction DJJDP(s) . . . comprehensive strategy . . . focuses to strengthen families, promote delinquency prevention, support core social institutions, intervene immediately and effectively when delinquent behavior occurs, and identify and control the small group of serious, violent, and chronic juvenile offenders in the local communities. (NCDJJDP website overview)
3. Complaint: Undisciplined runaway, truant from school, beyond the disciplinary control of parents or
Delinquent has committed an offense that would be a crime if committed by an adult If a private citizen or law enforcement officer believes a juvenile has committed a crime or meets the definition for an undisciplined child, a complaint can be initiated. The better practice is for a private citizen to involve law enforcement at the time a complaint is initiated.If a private citizen or law enforcement officer believes a juvenile has committed a crime or meets the definition for an undisciplined child, a complaint can be initiated. The better practice is for a private citizen to involve law enforcement at the time a complaint is initiated.
4. Complaint (cont.) Undisciplined
Youth at least six years of age and less than 16 who are:
truant from school,
runaway for more than 24 hours, or
beyond the control of their parents.
Youth who are 16 and 17 who are runaway or beyond the control of their parents.
Delinquent
Youth at least six years of age and less than 16 who commit a crime. If a youth is under the supervision of the court prior to age 16, the Juvenile Court can retain jurisdiction until the youth reaches age 18.
If a youth over 16 is under Court supervision and is charged with a new crime, the youth will be charged as an adult.If a youth is under the supervision of the court prior to age 16, the Juvenile Court can retain jurisdiction until the youth reaches age 18.
If a youth over 16 is under Court supervision and is charged with a new crime, the youth will be charged as an adult.
5. Law Enforcement Investigation A youth under the age of 14 must have a parent or guardian present at questioning.
For youth who are age 14 and older, the youth can waive the right to have parent or guardian present.
The investigating officer may not question a youth under age 14 without a parent or guardian present.
A youth age 14 or above can waive the right to have a parent present during questioning.
While an officer can question a youth age 14 or older without a parent present, it is not considered better practice by the Department of Juvenile Justice to do so.
IT IS EVEN MORE CRITICAL FOR A PARENT OR GUARDIAN TO BE PRESENT WHEN THE CHILD HAS A COGNITIVE DISABILITY.
The investigating officer may not question a youth under age 14 without a parent or guardian present.
A youth age 14 or above can waive the right to have a parent present during questioning.
While an officer can question a youth age 14 or older without a parent present, it is not considered better practice by the Department of Juvenile Justice to do so.
IT IS EVEN MORE CRITICAL FOR A PARENT OR GUARDIAN TO BE PRESENT WHEN THE CHILD HAS A COGNITIVE DISABILITY.
6. Law Enforcement Investigation May lead to
Temporary custody of the juvenile
Diversion of the juvenile
Release to parent or guardian
Referral to a community resource
Referral to juvenile court intake
Secure or non-secure custody Temporary Custody Definition: When an officer takes a youth into custody for a period of time (not more than 12 hours) while the investigation is being completed, this is temporary custody.
Temporary Custody could be a hold at the law enforcement facility until the parent or guardian arrives. The youth can not be placed in a cell with an adult offender. The youth must be separated by sight and sound from adult prisoners.
The officer is responsible for the personal care and supervision of the youth for this limited time period.
Temporary custody can lead to secure custody, non-secure custody or to release to the parent or guardian.
Non-secure custody may be a specialized foster home or home-like facility it may not be locked and is not required to have an awake staff 24 hours a day.
Secure custody means the actual placement of the child in a detention facility (locked and with awake staff 24 hours).
Secure custody will be discussed in a later slide. See slide 21. Temporary Custody Definition: When an officer takes a youth into custody for a period of time (not more than 12 hours) while the investigation is being completed, this is temporary custody.
Temporary Custody could be a hold at the law enforcement facility until the parent or guardian arrives. The youth can not be placed in a cell with an adult offender. The youth must be separated by sight and sound from adult prisoners.
The officer is responsible for the personal care and supervision of the youth for this limited time period.
Temporary custody can lead to secure custody, non-secure custody or to release to the parent or guardian.
Non-secure custody may be a specialized foster home or home-like facility it may not be locked and is not required to have an awake staff 24 hours a day.
Secure custody means the actual placement of the child in a detention facility (locked and with awake staff 24 hours).
Secure custody will be discussed in a later slide. See slide 21.
7. Temporary CustodyG.S. 7B-1900, 7B-1901
Grounds would exist for arrest of an adult, or
There are reasonable grounds to believe the juvenile:
is undisciplined
has escaped from a detention facility or any residential facility operated by the Department of Juvenile Justice and Delinquency Prevention If the crime is one for which an adult could be arrested, the youth could be placed in temporary custody. (Officer must have probable cause to believe the youth committed the offense.)
Undisciplined The officer has reason to believe the youth is a runaway and has been gone for more than 24 hours;
or is truant;
or is beyond the control of the parent or guardian.
Is known to have escaped (eloped) from a residential facility of DJJDP.
If the crime is one for which an adult could be arrested, the youth could be placed in temporary custody. (Officer must have probable cause to believe the youth committed the offense.)
Undisciplined The officer has reason to believe the youth is a runaway and has been gone for more than 24 hours;
or is truant;
or is beyond the control of the parent or guardian.
Is known to have escaped (eloped) from a residential facility of DJJDP.
8. Fingerprints and Photographs
The juvenile is in physical custody of law enforcement or DJJDP;
The juvenile allegedly committed a non-divertible offense;
The juvenile is at least 10 years old, and
A complaint has been prepared for filing as a petition ALL of the criteria listed in the slide must be met in order for the youth to be fingerprinted and photographed.
The record of these fingerprints and photographs are kept in a separate database from adult offenders and may not remain in a permanent file. More information is provided on slide 10.
Fingerprinting and photographing occurs before the youth is placed in secure custody.
This does not occur often.ALL of the criteria listed in the slide must be met in order for the youth to be fingerprinted and photographed.
The record of these fingerprints and photographs are kept in a separate database from adult offenders and may not remain in a permanent file. More information is provided on slide 10.
Fingerprinting and photographing occurs before the youth is placed in secure custody.
This does not occur often.
9. Non-divertible OffensesG.S. 7B-1701 Murder
Rape
Sexual offense
Arson
Felony drug offense
First degree burglary
Crime against nature
A felony involving infliction of serious injury or committed with a deadly weapon First degree burglary refers to burglary when the dwelling is occupied.
Second degree burglary, which is a divertible offense, refers to burglary when the house is not occupied.
Burglary is when the offense occurs at night.
Breaking and Entering is when the offense occurs during the day.
If a youth is charged with a non-divertible offense, secure custody will be considered.
First degree burglary refers to burglary when the dwelling is occupied.
Second degree burglary, which is a divertible offense, refers to burglary when the house is not occupied.
Burglary is when the offense occurs at night.
Breaking and Entering is when the offense occurs during the day.
If a youth is charged with a non-divertible offense, secure custody will be considered.
10. Fingerprints and PhotographsMust be Destroyed if: No probable cause is found and the charge is dismissed, or
Juvenile is not adjudicated delinquent for any offense.
Fingerprints and photographs are not destroyed if:
Juvenile is adjudicated delinquent.
Fingerprints are sent to the SBI only if adjudication is for a felony. Unlike adult arrests, fingerprints and photographs of youth are destroyed if the youth is NOT found delinquent or if no probably cause is found and the complaint is dismissed.
If the youth is found delinquent and the offense is in the felony category. the photos and prints are sent to the SBI. Unlike adult arrests, fingerprints and photographs of youth are destroyed if the youth is NOT found delinquent or if no probably cause is found and the complaint is dismissed.
If the youth is found delinquent and the offense is in the felony category. the photos and prints are sent to the SBI.
11. Court Counselor The Intake Process
12. Court Counselor Authority
Serve necessary court papers relating to undisciplined or delinquent youth.
Assume custody of juveniles when necessary and use reasonable force/ restraint to do so.
Determine whether a complaint should be filed as a petition or diverted/closed. Authority in this case means legal power.
Reasonable force is the minimum amount of force required to assure the cooperation of the youth when being taken into custody.
Restraints are defined as handcuffs, waist chains, and leg irons.Authority in this case means legal power.
Reasonable force is the minimum amount of force required to assure the cooperation of the youth when being taken into custody.
Restraints are defined as handcuffs, waist chains, and leg irons.
13. Court Counselor Authority cont Conduct visits (home, school, work, community) to assure successful completion of probation.
File motions for the court to re-review the original disposition of the case.
File report of violations of probation for court review.
Court Counselors Authority means he/she has the legal power to do these duties.Court Counselors Authority means he/she has the legal power to do these duties.
14. Court Counselor Responsibilities
Prepare written reports for the court, including Risk Assessment and Needs Assessment.
Develop Plan of Service based on the Needs Assessment.
Advocate for youth with court, schools, and local service programs, as needed.
Responsibility means that the court counselor is accountable to the court for doing the things listed in these slides.Responsibility means that the court counselor is accountable to the court for doing the things listed in these slides.
15. Court Counselor Responsibility Furnish parent/youth copies of probation conditions.
Meet regularly with youth on probation.
Assist in development of post-release supervision plans.
Document case activities and progress.
Responsibility means accountability to the court.Responsibility means accountability to the court.
16. Intake - Court Counselor Decides: Is the complaint within the jurisdiction of the court?
Is there legal sufficiency for the complaint?
Is the complaint frivolous?
Is the complaint a non-divertible offense? Jurisdiction within the extent or range of authority of the court
Some jurisdictions have Court Counselors who are designated as Intake Counselors. Most do not and the Court Counselor stays assigned to the youth throughout the disposition of the youths experience in the juvenile justice system.
To determine if the complaint against a youth will go before the court, the Court Counselor must consider these factors.
Legal sufficiency some basis to believe the offense has occurred - less burden of proof than required for probable cause.
Frivolous Minor offense that may be handled in a better or more productive manner. This does not frequently occur.
Non-divertible offenses are listed in previous slide.Jurisdiction within the extent or range of authority of the court
Some jurisdictions have Court Counselors who are designated as Intake Counselors. Most do not and the Court Counselor stays assigned to the youth throughout the disposition of the youths experience in the juvenile justice system.
To determine if the complaint against a youth will go before the court, the Court Counselor must consider these factors.
Legal sufficiency some basis to believe the offense has occurred - less burden of proof than required for probable cause.
Frivolous Minor offense that may be handled in a better or more productive manner. This does not frequently occur.
Non-divertible offenses are listed in previous slide.
17. Intake Evaluation Options Approve complaint for court.
Retain the case and divert from court with a plan or a contract referral for service.
Close the case.
Diversions may be appealed to the DA.
Although it seldom occurs, the petitioner or person who filed the complaint may appeal the diversion of the youth from court to the District Attorney.Although it seldom occurs, the petitioner or person who filed the complaint may appeal the diversion of the youth from court to the District Attorney.
18. Intake Decision Criteria Protection of the community;
The seriousness of the offense;
The juveniles previous record of involvement with the legal system, including previous diversions; and
The juveniles behavior at home, in school, and in the community.
A number of criteria are considered before a decision is made on disposition of the case.
Safety of the community and the youth are paramount.A number of criteria are considered before a decision is made on disposition of the case.
Safety of the community and the youth are paramount.
19. Intake Decision Criteria - (contd) The ability of the juvenile and the juveniles family to use resources;
Consideration of the victim;
The juveniles age; and
The juveniles culpability in the alleged complaint. Culpability refers to the youths level of involvement in the offense, i.e. the mastermind may not be diverted when the tagalong may be diverted.
A youth with a cognitive disability may not be as culpable as another youth who is of normal cognitive development.Culpability refers to the youths level of involvement in the offense, i.e. the mastermind may not be diverted when the tagalong may be diverted.
A youth with a cognitive disability may not be as culpable as another youth who is of normal cognitive development.
20. Diversion Plans A Diversion Plan may include:
use of community resources including mental health services;
restitution;
community service;
victim-offender reconciliation;
teen court, in limited circumstances, OR Victim-Offender reconciliation not every county has a specific program to address victim-offender reconciliation.Victim-Offender reconciliation not every county has a specific program to address victim-offender reconciliation.
21. Diversion Plans and Contracts - (contd)
A court counselor may enter into a diversion contract with the juvenile and the parent, guardian, or custodian, when it is determined that a higher degree of accountability is required. A Diversion Contract is an opportunity for the youth to avoid going to court. A Diversion Contract is an opportunity for the youth to avoid going to court.
22. Diversion Contract Follow-up
Within 60 days, counselor must determine whether juvenile and parent have complied with contract.
Counselor may monitor diversion contract for up to six months.
Petition may be filed if juvenile does not comply with contract.
Must retain the contract until juvenile is 18 years old or out of the courts jurisdiction, whichever is later. A Diversion Contract is an opportunity for the youth to avoid going to court. However, if the contract is not fulfilled, the case is automatically referred to court.
If the youth is charged with a new offense while under contract, the youth will automatically be sent to court.A Diversion Contract is an opportunity for the youth to avoid going to court. However, if the contract is not fulfilled, the case is automatically referred to court.
If the youth is charged with a new offense while under contract, the youth will automatically be sent to court.
23. Secure Custody Criteria Demonstrated danger to property or persons and charged with a felony; or
Demonstrated danger to persons and charged with a misdemeanor with:
an element of assault, or
a threat to use or used a deadly weapon; or
Failed to appear for court after receiving notice; or
Once a case is approved by the intake counselor for court, a judge may issue a secure custody order based on one or more of these criteria.Once a case is approved by the intake counselor for court, a judge may issue a secure custody order based on one or more of these criteria.
24. Secure Custody Criteria - (contd)
Charged with a delinquent offense and the judge has reasonable cause to believe juvenile will not appear.
Absconded from a DJJDP facility or such a facility in another state;
Detained for self-protection (special circumstance); Absconded Escaped or Eloped are also terms used.
Special Circumstance - Detained for self-injurious behavior or the attempt and has been refused admission to a 24 hour treatment facility (hospital).Absconded Escaped or Eloped are also terms used.
Special Circumstance - Detained for self-injurious behavior or the attempt and has been refused admission to a 24 hour treatment facility (hospital).
25. Secure Custody Criteria - (contd) Ran away can be held for up to 24 hours to facilitate return to parent;
Undisciplined and failed to appear having received notice; and/or
Violated Probation and is alleged to have damaged property or injured persons.
An officer may hold a juvenile who is believed to be a runaway for up to 24 hours while the officer notifies the parents and arranges return.An officer may hold a juvenile who is believed to be a runaway for up to 24 hours while the officer notifies the parents and arranges return.
26. The Court ProcessHearings
27. Secure Custody Hearings To review need for secure custody.
Initial hearing held within 5 days of commitment to secure custody.
Hearings to determine need for continued custody at least every 10 days after initial custody hearing. The youth must be present for hearings. Continued Custody hearings that are to be held every 10 days after the initial custody hearing may be waived by the youth and the youths attorney. Distance can sometimes be a problem if the youth is in a residential facility many miles from home county.
The youth must attend every hearing but may waive hearings after the initial hearing.Continued Custody hearings that are to be held every 10 days after the initial custody hearing may be waived by the youth and the youths attorney. Distance can sometimes be a problem if the youth is in a residential facility many miles from home county.
The youth must attend every hearing but may waive hearings after the initial hearing.
28. Hearings for Felony Petitions
Inform the juvenile of the allegations;
Confirm the juvenile has an appointed or retained attorney;
Inform the juvenile of date of probable cause hearing; and
Inform parents of the requirement to attend all hearings. First appearance is similar to arraignment in the adult process.
Probable Cause hearing must be held within 15 days of First Appearance Hearing.First appearance is similar to arraignment in the adult process.
Probable Cause hearing must be held within 15 days of First Appearance Hearing.
29. Hearings for Felony Petitions - (contd) Probable Cause hearing is held if the juvenile is 13 or older.
If probable cause is found, a transfer hearing is scheduled upon motion or if required by statute.
If probable cause is not found, case is dismissed or adjudicated on lesser included offense. Transfer hearing refers to being transferred to Superior Court and tried as an adult (Used to be called Bound over.)
Transfer hearing is held if a motion is filed by the State (DA) or if it is required by statute.
Statute requires transfer if the offense is a Class A felony a capital offense. A capital offense refers to an offense for which an adult would potentially receive a death sentence.Transfer hearing refers to being transferred to Superior Court and tried as an adult (Used to be called Bound over.)
Transfer hearing is held if a motion is filed by the State (DA) or if it is required by statute.
Statute requires transfer if the offense is a Class A felony a capital offense. A capital offense refers to an offense for which an adult would potentially receive a death sentence.
30. Hearings for Felony Petitions - (contd) Transfer Hearing:
Court determines if protection of the public and the needs of the juvenile will be served by transfer to superior court.
Factors for court to consider are set in statute.
A juvenile transferred and convicted in superior court will be prosecuted as an adult. Juvenile must be 13, 14 or 15.
Factors: Age, maturity, intellectual functioning, prior record, prior attempts to rehabilitate the juvenile, facilities or programs available to the Court prior to the expiration of the courts jurisdiction, and seriousness of the offense and whether the protection of the public requires that the juvenile be prosecuted as an adultJuvenile must be 13, 14 or 15.
Factors: Age, maturity, intellectual functioning, prior record, prior attempts to rehabilitate the juvenile, facilities or programs available to the Court prior to the expiration of the courts jurisdiction, and seriousness of the offense and whether the protection of the public requires that the juvenile be prosecuted as an adult
31. Hearings for Felony Petitions - (contd) Adjudication Hearing determines if the facts alleged in the petition are true.
Juvenile has right to appointed counsel for delinquency cases or for contempt hearings in undisciplined cases.
Rules of evidence are the same as in adult criminal cases.
Rules of Evidence are on the next slide.
The courtroom setting will have the appearance of an adult courtroom.Rules of Evidence are on the next slide.
The courtroom setting will have the appearance of an adult courtroom.
32. Adjudication Hearing - (contd) Standard of proof
Delinquent petition - beyond a reasonable doubt
Undisciplined petition clear and convincing evidence
Delinquent is similar to adult proceeding.
Undisciplined is not as high a burden of proof.Delinquent is similar to adult proceeding.
Undisciplined is not as high a burden of proof.
33. Disposition
34. Purpose of Disposition
To meet the needs of the juvenile
To protect the public Disposition equates to sentencing in the adult system.
The goal of Disposition is to prevent further penetration into the system, to help the family and the child, and to reduce recidivism.
Court Counselor will complete a Dispositional Report to present to the court. This will contain all evaluative information. Interested parties may contact the court counselor to add pertinent information to the dispositional report. This report makes recommendations to the court, but the judge has the discretion to accept the recommendations or change the outcome. Similar to Plea Bargaining in adult court.
Information on disability should be reported to the court counselor so that information on diagnoses and treatment can be included in the disposition plan.
At this point the judge considers all information available and decides disposition of the case.Disposition equates to sentencing in the adult system.
The goal of Disposition is to prevent further penetration into the system, to help the family and the child, and to reduce recidivism.
Court Counselor will complete a Dispositional Report to present to the court. This will contain all evaluative information. Interested parties may contact the court counselor to add pertinent information to the dispositional report. This report makes recommendations to the court, but the judge has the discretion to accept the recommendations or change the outcome. Similar to Plea Bargaining in adult court.
Information on disability should be reported to the court counselor so that information on diagnoses and treatment can be included in the disposition plan.
At this point the judge considers all information available and decides disposition of the case.
35. Dispositions
Parent, guardian and juvenile must comply with court orders
Court orders may include consequences, treatment, training and rehabilitation requirements, such as community service and restitution. Parents can be held in Contempt of Court if they do not follow the judges ruling. If they fail to appear with their child in court, they can be arrested for Failure to Appear.
Parents can be criminally charged if their children do not attend school. Once a child is adjudicated delinquent and/or undisciplined, the parents can be held in Contempt of Court if the child does not go to school.
Judge cannot order the child to be readmitted to the school system.
School system is under no obligation to serve a child who has been convicted of a felony by State Law.
The school system must provide educational services to Special Ed children, but is not required to readmit them to the school.Parents can be held in Contempt of Court if they do not follow the judges ruling. If they fail to appear with their child in court, they can be arrested for Failure to Appear.
Parents can be criminally charged if their children do not attend school. Once a child is adjudicated delinquent and/or undisciplined, the parents can be held in Contempt of Court if the child does not go to school.
Judge cannot order the child to be readmitted to the school system.
School system is under no obligation to serve a child who has been convicted of a felony by State Law.
The school system must provide educational services to Special Ed children, but is not required to readmit them to the school.
36. Dispositions for Undisciplined Juveniles Dismiss the case.
Continue the case for up to 6 months to allow family to take appropriate action.
Order evaluation; final disposition postponed until evaluation completed.
Refer juveniles with mental illness or developmental disabilities to local mental health director. Undisciplined definition slide #4
Final disposition would occur after the evaluation report is received.
Protective Supervision by Court Counselor. Authority of the court is different for undisciplined rather than delinquent.Undisciplined definition slide #4
Final disposition would occur after the evaluation report is received.
Protective Supervision by Court Counselor. Authority of the court is different for undisciplined rather than delinquent.
37. Dispositions for Undisciplined Juveniles - (contd) Supervision in own home
Change in custody
Release from compulsory school attendance pursuant to court-approved plan
Protective supervision up to 3 months with conditions; possible 3-month extension
Protective Supervision vs. Probation and what the consequences are.
Judge cannot order a school to readmit a juvenile.
School system is under no obligation to serve a child who has been convicted of a felony by State Law.
The school system must provide educational services to Special Ed children, but is not required to readmit them to the school.
Normal conditions of Protective Supervision:
Remain on good behavior and not violate any laws.
Attend school each and every day.
Abide by all household rules of parent or guardian.
Cooperate with mental health assessment and any recommendation for treatment.
Note: Court Counselors role is more as social worker with these cases. If a juvenile violates conditions, the Court can order a child to spend one (1) day in detention.Protective Supervision vs. Probation and what the consequences are.
Judge cannot order a school to readmit a juvenile.
School system is under no obligation to serve a child who has been convicted of a felony by State Law.
The school system must provide educational services to Special Ed children, but is not required to readmit them to the school.
Normal conditions of Protective Supervision:
Remain on good behavior and not violate any laws.
Attend school each and every day.
Abide by all household rules of parent or guardian.
Cooperate with mental health assessment and any recommendation for treatment.
Note: Court Counselors role is more as social worker with these cases. If a juvenile violates conditions, the Court can order a child to spend one (1) day in detention.
38. Disposition for Delinquent Juveniles Dismiss the case
Continue case for up to 6 months to allow family to take appropriate action
Order evaluation; hold hearing on treatment
Refer juvenile with mental illness or developmental disabilities to local mental health director Definition of Delinquent Juvenile on Slide #4
Court may, for example, order the family or the child to therapy for six months, or to do community service or provide restitution. At the end of the 6 months, the case goes back to court. If the juvenile does not complete the court ordered activities, other consequences may be ordered by the court.Definition of Delinquent Juvenile on Slide #4
Court may, for example, order the family or the child to therapy for six months, or to do community service or provide restitution. At the end of the 6 months, the case goes back to court. If the juvenile does not complete the court ordered activities, other consequences may be ordered by the court.
39. Disposition for Delinquent Juveniles - (contd)
Options outlined in the dispositional chart
Placement on the chart is based on the seriousness of the offense (Level of Charge) and delinquency history (prior offenses rated by points) of the juvenile.
Three levels of charges: Minor, Serious, and Violent
Type of intervention is determined by the LEVEL of the charge (minor, serious, violent) and the delinquency history (low, medium, or high).
Low History is 0-1 point; Medium History is 2-3 points and High History is 4+ points)
Consider hyperlink to chart or have chart as handout.Three levels of charges: Minor, Serious, and Violent
Type of intervention is determined by the LEVEL of the charge (minor, serious, violent) and the delinquency history (low, medium, or high).
Low History is 0-1 point; Medium History is 2-3 points and High History is 4+ points)
Consider hyperlink to chart or have chart as handout.
40. Disposition levels Level 1 Community Disposition (Includes probation)
Level 2 Intermediate Disposition (Includes probation/more severe intervention)
Level 3 Commitment (Youth Development Centers)
41. Minor Charges(Class 1, 2, 3 Misdemeanors) Level 1 Low History:
Community based program
Community service up to $100 hours
Restitution up to $500
Suspension of drivers license
Curfew
Counseling including intensive SA treatment
Regular Probation Minor Offense with Medium History Options above or additionally:
Eckerd Wilderness Camp
Structured Day Program
Community Services (100-200)hrs. etc.
Minor Offense with Medium History Options above or additionally:
Eckerd Wilderness Camp
Structured Day Program
Community Services (100-200)hrs. etc.
42. Serious Charges(Class F-I Felonies & A1 Misdemeanors) Level 2 Medium History
Eckerd wilderness Camp
Structured Day Program
Community Service (100-200 hours)
Restitution of more than $500
Regimented Training Program
Intensive Supervision Probation
House Arrest with/without electronic monitoring
Multi-purpose group home Serious Charge with Low History includes all Level 1 and Level 2 options.
Serious Charge with High History is Level 3 Commitment.Serious Charge with Low History includes all Level 1 and Level 2 options.
Serious Charge with High History is Level 3 Commitment.
43. Violent Charges(Class A-E Felonies) Level 3 High History
Commitment
Level 3 Medium History
Commitment
Level 1 Low History
Eckerd Wilderness Camp
Structured Day Program
Chart is available as handout.Chart is available as handout.
44. Commitment Minimum of 6 months
Up to 18th, 19th or 21st birthday depending on offense
Upon release, minimum of 90 days post release supervision
Jurisdiction terminated by court Conditions of commitment
Youth Development Centers:
Dobbs School in Kinston
CA Dillon School in Butner
Samarkand Manor in Eagle Springs - the only YDC for girls.
Swannanoa Valley in Swannanoa
Stonewall Jackson in Concord
Conditions of commitment
Youth Development Centers:
Dobbs School in Kinston
CA Dillon School in Butner
Samarkand Manor in Eagle Springs - the only YDC for girls.
Swannanoa Valley in Swannanoa
Stonewall Jackson in Concord
45. Youth Development Centers What happens when a juvenile is committed to a YDC?
First Stop: Assessment Center
Physical Health
Mental Health
Psychological Health
Educational Achievement
Vocational Interest and Aptitude
At the Assessment Center, youth are given complete examinations for physical health, mental health, psychological health, level of educational achievement, and tests for vocational aptitude and interests.
Assessment Centers: C.A. Dillon for males and Samarkand for females.
Packet of information including visitation rules, what possessions child can have, how to send mail, phone numbers and contact information is sent to the parent.
Social Worker sends out a letter introducing self and informing parent of when treatment teams will meet regarding their child.
Parent can always contact the Court Counselor to whom their child is assigned.At the Assessment Center, youth are given complete examinations for physical health, mental health, psychological health, level of educational achievement, and tests for vocational aptitude and interests.
Assessment Centers: C.A. Dillon for males and Samarkand for females.
Packet of information including visitation rules, what possessions child can have, how to send mail, phone numbers and contact information is sent to the parent.
Social Worker sends out a letter introducing self and informing parent of when treatment teams will meet regarding their child.
Parent can always contact the Court Counselor to whom their child is assigned.
46. Plan of Care Information from various evaluations blended and summarized
Recommendations for treatment and education
Referrals for screening or to the IEP team for Exceptional Childrens Services
Selection of facility assignment based upon recommendations After assessments are completed, the information gathered from the tests is combined and provided in a Plan of Care.
Plan of Care includes recommendations for treatment, training, education and decisions are made about eligibility for Exceptional Childrens services.
Recommendations are made for facility assignment.After assessments are completed, the information gathered from the tests is combined and provided in a Plan of Care.
Plan of Care includes recommendations for treatment, training, education and decisions are made about eligibility for Exceptional Childrens services.
Recommendations are made for facility assignment.
47. Services in the YouthDevelopment Centers Health Services
Recreation
Treatment
Substance Abuse
Sex Offender
Anger Management
Victim Empathy
Cognitive Behavioral Restructuring YDCs provide mentoring, education, and therapeutic treatment to prepare youth for a fresh start when they re-enter their communities.
YDCs promote learning and development through a wide range of educational and vocational courses. YDCs provide mentoring, education, and therapeutic treatment to prepare youth for a fresh start when they re-enter their communities.
YDCs promote learning and development through a wide range of educational and vocational courses.
48. Services in YDC (cont)
Education
NC Standard Course of Study
GED
Vocational
Distance Education (post HS or GED studies) Each YDC provides instruction in the courses necessary to earn a high school diploma.
Most centers also have a comprehensive online courseware system that delivers individualized, interactive instruction.
State adopted textbooks are utilized in classes, and teachers write lesson plans to address learning style characteristics and brain processing preferences.
All YDCs offer the North Carolina Standard Course of Study for elementary and middle school.
All attending middle school students may also take business-related courses.
At some YDCs, vocational courses such as automotive technology, landscaping, and carpentry are available.Each YDC provides instruction in the courses necessary to earn a high school diploma.
Most centers also have a comprehensive online courseware system that delivers individualized, interactive instruction.
State adopted textbooks are utilized in classes, and teachers write lesson plans to address learning style characteristics and brain processing preferences.
All YDCs offer the North Carolina Standard Course of Study for elementary and middle school.
All attending middle school students may also take business-related courses.
At some YDCs, vocational courses such as automotive technology, landscaping, and carpentry are available.
49. Exceptional Childrens Program Services provided in accordance with federal regulations
FAPE
Least Restrictive Environment
Appropriate Supplemental Aides and Modifications
Parental Due Process
Parental involvement in decision making
Transition Services FAPE - FREE AND APPROPRIATE PUBLIC EDUCATION - FAPE is an individualized educational program that is designed to meet the child's unique needs and from which the child receives educational benefit.
Least Restrictive Environment - The most productive environment in which a student can address his or her needs. Such placement could range from institutional placement, special schools, special classes, resource rooms or regular classroom placement.
Appropriate Supplemental Aides and Modifications Some examples are hearing aids for juveniles with hearing impairment, recordings for juveniles with visual impairments or who are not readers, special learning settings, or assuring physical plant modifications are made to accommodate physical access needs.
Parental Due Process assures parents have input into their childs Individual Education Plan
Transition Services assist students in returning to their home communities or regular classrooms. See Slide 48-50FAPE - FREE AND APPROPRIATE PUBLIC EDUCATION - FAPE is an individualized educational program that is designed to meet the child's unique needs and from which the child receives educational benefit.
Least Restrictive Environment - The most productive environment in which a student can address his or her needs. Such placement could range from institutional placement, special schools, special classes, resource rooms or regular classroom placement.
Appropriate Supplemental Aides and Modifications Some examples are hearing aids for juveniles with hearing impairment, recordings for juveniles with visual impairments or who are not readers, special learning settings, or assuring physical plant modifications are made to accommodate physical access needs.
Parental Due Process assures parents have input into their childs Individual Education Plan
Transition Services assist students in returning to their home communities or regular classrooms. See Slide 48-50
50. TransitionPost Release Services
51. Goals Transition Planning should begin upon entry Exit Upon Entry
Maintain and strengthen community connections
Strengthen the family while the child is in the YDC
Project Connect is designed renew focus on transition to assist teachers and other education staff in preparing students for an effective transition back to their families, school and/or job, and the community.
Components include increased communication with family, focus on job-seeking skills, greater collaboration with campus and community resources, and a more integrated curriculum.
Continuous Community Engagement
Child and Family Teams Person Centered Planning Release planning
The public school system has the option of taking a returning child. Project Connect is designed renew focus on transition to assist teachers and other education staff in preparing students for an effective transition back to their families, school and/or job, and the community.
Components include increased communication with family, focus on job-seeking skills, greater collaboration with campus and community resources, and a more integrated curriculum.
Continuous Community Engagement
Child and Family Teams Person Centered Planning Release planning
The public school system has the option of taking a returning child.
52. Transition Services Pre-release conference
Community mental health needs
Continued educational opportunities
Re-entry into public school
Community College
GED program
Adult Basic Skills Program
Post High School/GED study (scholarships)
Group Home placements Child and Family Team, Court Counselor, Social Worker, mental health professional, parents, student, may be involved in pre-release conference.
The principal of the community school will decide whether to allow a child back in the school who has been convicted of a felony. Alternative school may often be the recommendation for educational services.
Resources are developed prior to the pre-release conference where final negotiation takes place.
Independent Living ProgramChild and Family Team, Court Counselor, Social Worker, mental health professional, parents, student, may be involved in pre-release conference.
The principal of the community school will decide whether to allow a child back in the school who has been convicted of a felony. Alternative school may often be the recommendation for educational services.
Resources are developed prior to the pre-release conference where final negotiation takes place.
Independent Living Program
53. Post Release Supervision
Minimum of 90 days
Maximum of one year
Re-commitment for violation minimum 3 months PRS generally ends by age 18.
Can be 19 for rape, sex offenders, burglary.
Can be 21 for murder, first degree rape.
May back up the release to allow the required minimum 3 month supervision.PRS generally ends by age 18.
Can be 19 for rape, sex offenders, burglary.
Can be 21 for murder, first degree rape.
May back up the release to allow the required minimum 3 month supervision.
54. Acknowledgments This presentation was developed especially for North Carolina by Partners in Justice, a statewide collaborative effort designed to assist individuals with cognitive disabilities who are at risk of becoming involved in the criminal justice system. The North Carolina Council on Developmental Disabilities provided grant funding to The Arc of North Carolina to support the project. Many different, excellent training materials were researched and adapted with special consideration for the specific needs of the citizens of North Carolina.
Special thanks goes to Carolina Legal Assistance; the members of the PIJ Advisory Committee; George R. Pete Clary III, Public Defender, Judicial District 21; Ms. Jeri Houchins, Project Coordinator, Justice Now! Of the People, By the People, and For the People; and, Ms. Diane Nelson Bryen and Ms. Beverly Frantz, National Academy for Equal Justice, for People with Developmental Disabilities, Institute on Disabilities at Temple University.
Partners in Justice dedicates this presentation to the memory of Deborah Greenblatt, Esq., a tireless advocate for
people with disabilities and charter member of the Partners
in Justice Advisory Committee.
