CURRENT TRENDS IN THE JUVENILE COURT SYSTEM

1. CURRENT TRENDS IN THE JUVENILE COURT SYSTEM Presented By: John Wilaby, Juvenile Court Officer II 2nd Judicial District of Iowa

2. Juvenile Court Services • 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

3. JUDICIAL DISTRICTS

4. IOWA CODE REFERENCE 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.

5. DUTIES OF A JUVENILE COURT OFFICER • Primarily delinquency cases • Intake • Referral for Petition • Predisposition & Waiver Investigation & Report • Case Supervision • Assist mental or substance abuse committal • CINA if dual adjudication • CINA in lieu of delinquency

6. DELINQUENCY PROCESS • 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

7. JUVENILE COURT FLOW CHART Court process continued on The following slide

8. FLOW THROUGH COURT PROCESS

9. Discretionary options • 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

10. 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.

11. MINIMUM DETENTION CRITERIA 232.22 • Warrant • Escape from a juvenile correctional institution • 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 • By order placing child in secure custody • Probable cause the child has committed domestic abuse • 123.47 is excluded per 232.19 • **CHILD IS ENTITLED TO A HEARING WITHIN 24 HOURS (Business days)

12. MINIMUM SHELTER CRITERIA • Child has no parent, guardian, custodian, responsible adult relative, or other adult approved by the court who will provide proper shelter, care and supervision. • Child desires to be placed in shelter care. • Necessary to hold for transfer to another jurisdiction. • When being placed pursuant to an order of the court. • 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.

13. JUVENILE COURT PHILOSOPHY • Youth enjoy a somewhat favored position over their adult counterparts, depending on their crime. • Juvenile court operates on the premise that the state owes children a duty of protection and rehabilitation. • The approach in adult court is a combination of punishment, incarceration and rehabilitation. • Juvenile court wants to help children in trouble with the law rather than simply punish them to use as an example for others.

14. What We Set Forth to Accomplish 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

15. How does Juvenile Procedures differ from adult? (chapter 232) • 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.

16. ADULT WAIVERS 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.

17. Youthful Offender 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.

18. AUTO WAIVERS • 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

19. AUTO WAIVERS CONT. • 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.

20. OLD PROBATION • “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.

21. NEW PROBATION • 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.

22. Today: Evidence Based “What Works” • Research begun in the 1990’s • Meta-Analysis

23. Studies Have Shown… Systems can actually drive up the risk to low-risk juveniles by disrupting their pro-social or healthy networks

24. Evidence Based Practice Incorporates… Latest research on what works into Daily operations of Juvenile Justice

25. What Works Principlesof Effective Intervention • Risk Principle (Who to serve) • Need Principle (What to provide) • Responsivity Principle (How to provide it) • Program Integrity Principle (How effective)

26. Risk Principle Our most intensive resources should go to those who are at the highest risk

27. Risk Principle Further States… Don’t Try to Fix What is Not Broken High-risk Juvenile Low-risk Juvenile 66% of JCS Referrals DO NOT Reoffend Repair Shop (System)

28. How Do We Identify Risk IDA - Iowa Delinquency Assessment Tool

29. Then What? JCO Uses Motivational Interviewing Techniques to: • 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

30. Then What continued… 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

31. Using Research To Guide Practice • 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

32. Juvenile Court Work Re-referrals within 3 Years

33. Research Based Programs in Iowa • Functional Family Therapy • Aggression Replacement Training • Drug Courts • Crossover Project • Mentoring Projects • Girls Groups • Transitional Education Services • Juvenile Detention Alternatives Initiative • Disproportionate Minority Contact

34. Other Services • 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

35. Out of Home Placement • 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

36. Cost of Placements for JuvenilesPer year, per child unless noted • 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

37. Needs from Providers • 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…

38. Critical Issues in Juvenile Justice • Funding for Services- Treatment funds flow through the Iowa Department of Human Services- Graduated 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

39. Community Awareness 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”