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Clayton County Juvenile Court. 2. PERSONAL INFORMATION. Stacy WeaverMarried for 29 years, have one son, and 2 grandchildrenWorked for Service Merchandise-20 yearsSubstitute Teacher- Clayton College
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1. Clayton County Juvenile Court 1 Clayton County Juvenile Court Topics to be discussed
Differences Between the Adult and Juvenile Systems
Juvenile Justice Terminology
The Juvenile Justice Process
Probation/Supervision
Programs
Intro Slide: What’s to be discussed?Intro Slide: What’s to be discussed?
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3. Clayton County Juvenile Court 3 A Quick Look at the Criminal Justice System
The Adult System
Protect the community
Prevent crime through incarceration and punishment
Limited efforts at treatment or rehabilitation
The Seven Deadly Sins
17 years old: “The Age of the Majority”
The Juvenile System
Protect the community
Prevent crime through treatment, rehabilitation and supervision
Punishment is not used as a means to prevent crime
Status Offenses, Delinquent Offenses and Designated Felonies Differences between the adult and juvenile systems. Both systems seek to protect the community; they go about it in different ways. The adult system uses punishment and incarceration as means to prevent future crime. There are very limited attempts to rehabilitation or treat adults that enter the criminal justice system. An individual that commits a crime will likely face fines, probation, jail time or even the death penalty. Juveniles on the other hand, are treated much differently. The entire juvenile system is set up with the idea that juveniles are treatable. Probation is used as a means to supervise juveniles while various treatment efforts are utilized to treat the juvenile. There really is not any punishment handed out in the juvenile courts. Incarceration is used as a last resort, only when the need to protect the community outweighs the need to institute efforts at rehabilitation. The juvenile court responds to violations of the law in the least restrictive means possible. This does not mean however that a juvenile cannot be placed into prison. Violations of certain laws bring the juvenile under the Designated Felony statute that could result in up five years of imprisonment in a Youth Development Campus.Differences between the adult and juvenile systems. Both systems seek to protect the community; they go about it in different ways. The adult system uses punishment and incarceration as means to prevent future crime. There are very limited attempts to rehabilitation or treat adults that enter the criminal justice system. An individual that commits a crime will likely face fines, probation, jail time or even the death penalty. Juveniles on the other hand, are treated much differently. The entire juvenile system is set up with the idea that juveniles are treatable. Probation is used as a means to supervise juveniles while various treatment efforts are utilized to treat the juvenile. There really is not any punishment handed out in the juvenile courts. Incarceration is used as a last resort, only when the need to protect the community outweighs the need to institute efforts at rehabilitation. The juvenile court responds to violations of the law in the least restrictive means possible. This does not mean however that a juvenile cannot be placed into prison. Violations of certain laws bring the juvenile under the Designated Felony statute that could result in up five years of imprisonment in a Youth Development Campus.
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6. Clayton County Juvenile Court 6 There are certain offenses in which the disposition could include restrictive custody in a Youth Development Campus or juvenile prison for anywhere from 12 to 60 months, or one to five years.There are certain offenses in which the disposition could include restrictive custody in a Youth Development Campus or juvenile prison for anywhere from 12 to 60 months, or one to five years.
7. Clayton County Juvenile Court 7 Designated Felony offenses Ages 13-17 Murder/Attempted Murder
Kidnapping/Attempted Kidnapping
Arson-1st and 2nd Degree
Aggravated Battery or Aggravated Assault
Robbery/Robbery with a Firearm
Carrying a Weapon at School or School Function
Battery on School Teacher or Personnel
Second Car Theft
2nd Possession of GUN by person under age 18
Drug Trafficking
Any Combination of 4 or more Felony Charges
Hijacking a Motor Vehicle
Any offense transferred to the Juvenile Court from Superior Court
Violation of Georgia Gang Act These are some of the more common DFs.These are some of the more common DFs.
8. Clayton County Juvenile Court 8 There are certain offenses in which Superior Court has jurisdiction. For these offenses, the cases are handled as if the offender is an adult, with the same penalties if the offender is found guilty.There are certain offenses in which Superior Court has jurisdiction. For these offenses, the cases are handled as if the offender is an adult, with the same penalties if the offender is found guilty.
9. Clayton County Juvenile Court 9 REVOCATION When a child demonstrates his or her refusal to cooperate with the Probation Order, the state may choose to file a Petition for Revocation instead of a Violation
If the Revocation is granted, the child will be re-disposition on the originally probated offense
Revocations are usually filed where the probated offense is a Designated Felony and the probation officer is concerned for the community’s safety
When probation is revoked, it often results in the child being committed to DJJ with restrictive custody
10. Clayton County Juvenile Court 10 COURT PROCEDURES COMPLAINT- a document filed by the police or private citizen alleging that an offense has occurred.
48 Hour Hearing ? Arraignment
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Rights are presented ? Formal Plea of Admit or Deny
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DENY- Adjudication ? Admit-Probable Cause Found ?
Prepare for Disposition- Court Officer/Social History –
Judge may order Alternative to Detention
Consent- Agree to the recommendation of the court without a hearing
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. Placed on an Order of Probation, Suspended Probation, Abeyance, Informal, Commitment to Department of Juvenile Justice
Treatment Plan/Probation Officer- monitor child for a period of 3 months to 2 years
These are some of the most common terms used in the juvenile justice system.These are some of the most common terms used in the juvenile justice system.
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14. Clayton County Juvenile Court 14 J.A.R.I.S NEEDS ASSESSMENT SCHOOL ISSUES – CRITICAL- tribunal, expulsion, performing below grade level, inappropriate educational placement—MAJOR- poor academic performance, truancy, serious discipline problem, special education—MINOR-multiple school transfers
EXTRACURRICULAR ACTIVITIES- CRITICAL- gang member or involved in gang activity, involved in pro-criminal activity
HEALTH OF CHILD- CRITICAL- untreated/minimal treatment of identified/unidentified mental health issues, suicide thoughts or attempts/treatment of same, noncompliant with medical mental health treatment, emotional, physical, sexual abuse in home past or present, presence of untreated STD’s—MAJOR-current grief and loss or abandonment issues—MINOR- short or long-term disability or illness, compliant with medical or mental health treatment
SEXUAL BEHAVIORS-SCRITICAL- struggles with sexual identity, uses coercion to obtain sex, exchange of sex for money or material goods, multiple sex partners, “Red Flag” behaviors, 5 year difference in sex partner—MAJOR- same sex attraction, sexual touching, sexually active with one partner—MINOR- pregnant or parent of a child
ALCOHOL & DRUG INVOLVEMENT- CRITICAL- extensive substance abuse, alcohol-drug related offense, use of hard drugs, history of selling drugs—MAJOR- experimental or isolated drug or alcohol use, history of drug/alcohol abuse with successful treatment, involvement in a drug subculture, parental suspicion of drug/alcohol use
FAMILY OF RESIDENCE- CRITICAL- physical/sexual/emotional abuse present in the home, family does not cooperate with the court, family member is a current drug/alcohol abuser, family member is currently incarcerated or has a serious criminal history, family is homeless, transient, or eviction is imminent, child’s basic needs aren’t being met, family member suffers from mental illness, caretaker provides insufficient consequences and does not hold child accountable for inappropriate behavior, strained parent- child relationship—MAJOR- Family cooperative, but unsupportive of court involvement, family supportive, but lack resources to fulfill obligations, family moves frequently and problem has been identified, family member has serious health problem
FAMILY OF ORGIN- CRITICAL- history of physical/sexual/emotional abuse, history of drug/alcohol use—MAJOR-history of eviction, history of incarceration or serious criminal history, history of DFCS involvement, history of mental health or serious health problems
15. Clayton County Juvenile Court 15 SCHOOL BASED PROBATION
Established to improve the learning environment within the school system by assisting school personnel in the supervision of youth placed on probation and attending public school.
Probation officers are assigned to a specific school.
They are to work in the school approximately 20 hours a week
Designed to improve the child’s grades, discipline, and attendance
Ensures that child is receiving special education services as designed in their IEP
School Based Probation Review- on a monthly basis the probation officer, parent, counselor, and a school administrator reviews the child’s grades, discipline, and attendance.
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18. Clayton County Juvenile Court 18 DRUG PROGRAMS RIVERWOODS
NELSON PRICE
CLAYTON CENTER
DRUG COURT- Meets two days a week for group and one day a week the child and parent attends court with Judge Graham to discuss the success of the child’s treatment and then they participate in family counseling.
All groups meet one-two days a week. The children are educated in drug use, discuss reasons why they choose to use drugs, and are held accountable by random drug screens.
19. Clayton County Juvenile Court 19 SENATE BILL 134 If a child is found to have committed a delinquent act, the court may, in addition to any other treatment or rehabilitation, suspend the driver’s license of the child for any period not to exceed his 18th birthday.
Can detain a child up to 60 days if the child is adjudicated on a delinquent act, a felony, or an offense of a high and aggravated nature and has not responded to graduated sanctions.
A child ordered to a Youth Detention Center will be given credit for time served at a secured facility.
The Department of Juvenile Justice and the Council of Juvenile Court Judges shall establish and monitor a graduated alternative sanction program for children on probation.
20. Clayton County Juvenile Court 20 ALTERNATIVE TO DETENTION ANKLE MONITOR- child wears an electronic device on ankle that detects when he/she leaves the home
FAST PANEL- Finding Alternatives for Safety and Treatment/Stabilization Through Assessment and Recommendations for Treatment- panel of mental health, DFCS, school, faith based, civic representatives and volunteers from the community. The panel reviews the child that has been detained for 24/48 hours. The family dynamics and actions that have been taken to help the child. Each member of the panel recommends what they feel is best for the child and identify resources that are available to assist the child instead of keeping him/her detained
21. Clayton County Juvenile Court 21 CONTINUED INTERMEDIATE SANCTIONS- Verbal or written warnings in regards to child violating his/her probation. Example- extra community service hours, ankle monitor, tighter curfew, essay, group etc
MULTI SYSTEMIC THERAPY-MST- in home therapy that provides the family with counseling, but also works with every aspect of the child’s life. Example- school, church, programs etc. the goal is to find safe systems/influences for the child
WRAP AROUND SERVICES- Pre-Disposition- provides in home services, behavioral aid, and family assessments
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23. Clayton County Juvenile Court 23 COUNSELING
MEDLIN- therapy provided for sex offenders and sexual abuse victims
OUTDOOR THERAPUTIC PROGRAM- intensive residential therapy where children work as a group to ensure chores are completed and that their group maintains cohesiveness. Provides group, individual, and family counseling. Based on a rewards and consequences. Usually for anti-social behaviors
IFI SERVICES- intensive family intervention, community support team, family enrichment, support groups, empowerment
INDEPENDENT THERAPIST AND CLAYTON CENTER
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25. Clayton County Juvenile Court 25 ALTERNATIVES TO PUBLIC SCHOOL FAITH ACADEMY- Home School- $35.00 a week. Receives High School Diploma
HEARTS TO NOURISH HOPE- suspension center and home school. Receives GED and job training skills
JOB CORE- low income families. Child can earn a GED or receive job skills. Can live on campus or home
FORST PARK STREET SCHOOL- High School program registered through Clayton County Public School through the Home School Division. Students receive high school diploma and provides prevention programs
YOUTH CHALLENGE- military based, where an adult High School Diploma is earned in 5 months or may earn GED. Life coping skills, work skills, and team work are part of the program. Live on base at Fort Stewart
26. Clayton County Juvenile Court 26 ADVOCACY CASA- Court Appointed Special Advocates- ensures that the children have a safe home. Volunteers work with DFCS, completes home evaluations, and represents the child in court
PEPP- Parents Education Parents and Professionals- advocacy center for special education students
GEORGIA ADVOCACY CENTER- advocacy center for children’s rights and special education
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