Title: Topics to be discussed
1Clayton County Juvenile Court
- Topics to be discussed
- Differences between the adult and juvenile
systems - Juvenile justice terminology
- The juvenile justice process
- Probation/supervision
- Programs
2A 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
3Status Offenses
- An act, that if committed by an adult, would not
be considered a crime. - Status offenses include truancy, running away
from home, curfew violation and unruly child.
4Delinquent Offenses
- Misdemeanors
- A criminal/delinquent act of a less serious
nature. - Common misdemeanors Affray, Disrupting a Public
School, Criminal Trespass, Shoplifting,
Possession of Drugs or Alcohol, Battery, Simple
Assault
- Felonies
- A criminal/delinquent act of a more serious
nature. - Common felonies Theft of a Motor Vehicle,
Battery on a Family Member or Teacher,
Terroristic Threats, Child Molestation, Second
Possession of a Firearm, Distribution of Drugs
5Designated Felonies
- Designated felonies are crimes for which the
penalties could include restrictive custody in a
Youth Development Campus for up to 60 months (5
years)
6Designated Felony offenses Ages 13-17
- Murder/Attempted Murder
- Kidnapping/Attempted Kidnapping
- Arson-1st and 2nd Degree
- Aggravated Battery or Aggravated Assault
- Robbery/Robbery without 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
7The Seven Deadly Sins(the adult system)
- Murder
- Voluntary Manslaughter
- Rape
- Aggravated Sodomy
- Aggravated Child Molestation
- Aggravated Sexual Battery
- Armed Robbery with a Firearm
-
8REVOCATION
- 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 communitys safety - When probation is revoked, it often results in
the child being committed to DJJ with restrictive
custody
9COURT PROCEDURES
- COMPLAINT- a document filed by the police or
private citizen alleging that an offense has
occurred. - 48 Hour Hearing ? Arraignment
- ?
? - Rights are presented ? Formal Plea of Admit
or Deny - ?
? - 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 - ?
- . Placed on an Order of Probation, Suspended
Probation, Abeyance, Commitment to Department of
Juvenile Justice - Treatment Plan/Probation Officer- monitor
child for a period of 3 months to 2 years
10SOCIAL HISTORYCOURT OFFICER
- PARENTS/SIBLING/OTHER SIGNIFICANT ADULTS
INFORMATION- Name, Date of Birth, Employment,
Education, Criminal History, Marriage
Information, Drug, Physical, Mental Abuse, Health
Issues ,Relationship with the child - CHILDS INFORMATION- Same as above PLUS- Sexual
Behaviors, Friends, Gang Activity in
Neighborhood, Trauma History, Behavior at Home,
Attitude-Demeanor During Interview, Methods of
Discipline, Hobbies and Interest, and Plans for
the Future.
11PROBATIONFIELD OFFICERJ.A.R.I.S- Juvenile
Assessment Risk Instrument SystemRisk and
Needs AssessmentRISK- the childs score on this
instrument determines the minimum contact
standard 0-8 Low Contact- at least 1 face to
face visit every 60 days9-15 Medium Contact- at
least 1 face to face every 30 day16-24High
Contact- at least 2 face to face every 30
daysAll levels must have at least 4 collateral
contactsNEEDS- used to identify the needs of
the juvenile and is the basis for the treatment
planTREATMENT PLAN- outlines the goals or needs
and the steps necessary to achieve those goals
and who is responsible for taking those steps
12J.A.R.I.S RISK ASSESSMENT
- CURRENT OFFENSES- Status Offense only (0) 1 or
2 delinquent adjudication (1) 3or more
delinquent adjudication (2) - PRIOR DELINQUENT OFFENSE- No prior delinquent
adjudications (0) 1 or 2 delinquent
adjudications (1) 3 or more delinquent
adjudications (2) - DETENTION- Never been detained (0) 1 time
detained (1) 2 or more times detained (2) - AGE AT FIRST DELINQUENT - 14 Years or older (0)
13 years or older (1) - ATTITUDE TOWARD AUTHORITY- Respectful,
remorseful, and cooperative (0) Usually
respectful, remorseful, and cooperative (1)
Generally disrespectful, shows no remorse, not
cooperative (2) - SUBSTANCE ABUSE- Has never used alcohol or drugs
(0) Experimental, isolated, or occasional use (1)
Offense linked to alcohol/drug use, history of
substance abuse treatment or current need of
treatment (2) - PEER ASOCIATIONS- Very few or no delinquent
associates (0) Some delinquent associates (1)
Mostly delinquent associates, gang member or
socially isolated (2) - LESIURE TIME ACTIVITIES- Involved in supervised ,
structured activities (0) Not involved in
supervised, structured activities, but not
pursuing delinquent interests (1) Child actively
pursues delinquent interests (2) - Family Functioning- Family generally along, no
serious problems (o) Some conflict, problems not
properly addressed, some DFCS involvement (2)
Conflict often, serious problems not addressed,
current deprivation issues, DFCS involvement (2) - RUNNING AWAY- Child has never run from home (0)
Child has run away 1-2 times (1) Child has run
away 3 times (2)
13J.A.R.I.S NEEDS ASSESSMENT
- SCHOOL ISSUES CRITICAL- tribunal, expulsion,
performing below grade level, inappropriate
educational placementMAJOR- poor academic
performance, truancy, serious discipline problem,
special educationMINOR-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 STDsMAJOR-current grief
and loss or abandonment issuesMINOR- 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 partnerMAJOR- same sex attraction, sexual
touching, sexually active with one partnerMINOR-
pregnant or parent of a child - ALCOHOL DRUG INVOLVEMENT- CRITICAL- extensive
substance abuse, alcohol-drug related offense,
use of hard drugs, history of selling
drugsMAJOR- 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/emo
tional 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, childs basic needs arent
being met, family member suffers from mental
illness, caretaker provides insufficient
consequences and does not hold child accountable
for inappropriate behavior, strained parent-
child relationshipMAJOR- 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 useMAJOR-history of eviction,
history of incarceration or serious criminal
history, history of DFCS involvement, history of
mental health or serious health problems
14PROGRAMSPARENT/ CHILD ATTEND TOGETHER
- BOYS GROUP- helps with abandonment issues in a
boys life. Helps the parent understand how
abandonment issues affect the childs life - CAP- sessions are interactive and concentrates on
communication between the generations. - CHOICES- for families who are known to have or
suspect of having a history of using illegal
substances - FAMILY OREINTATION- 4-part series explaining
mental health issues, adolescent development, and
court procedures - UNITY- 7 part series explaining information on
HIV, alcohol and drugs, being a strong and caring
parent, building self-esteem, feeling good about
being you, the role of the media - ANGER MANAGEMENT -the Child is taught skills to
control his/her anger. The parents are taught
skills to control the childs anger
15ONLY CHILD ATTENDS
- AMACHI- brings community and faith based
institutions together to provide mentoring for
children whos parent/caregiver has been
incarcerated - BABY THINK IT OVER- child experiences the
responsibility of being the sole care taker of an
infant (computer based doll) for a week-end - BOUNDARY GROUP- MALES ONLY- who have received a
charge for inappropriate touching or one who
needs guidance in relating to others in an
acceptable manner - GIRLS GROUP- GIRLS ONLY- with abandonment issues
or that have been victimized
16CONTINUED
- GRIEF AND LOSS- to help those who have lost a
parent/someone close to them due to death - ON POINT- GIRLS ONLY- Girls Scouts-targeted
toward first time offenders in an effort to
reduce recidivism - PARC- those that have received traffic violations
or DUI. Child experiences life in a wheel chair
and safe driving techniques - SAVVY-Standing Against Violence and Victimization
of Youth- work with children from 330pm-800pm
(High Risk Hours) tutoring, workshops, mentors,
character development, parenting skills,
counseling - TYC TUTORING- 20 sessions of tutoring. Child is
tested before and after he/she completes the
sessions
17ALTERNATIVE 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
18CONTINUED
- 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 childs life.
Example- school, church, programs etc. the goal
is to find safe systems/influences for the child - TRACKING PLUS- tracks the child on a daily basis
at home and school. Provides group, family,
individual counseling, activities for the child
and parenting classes - WRAP AROUND SERVICES- Pre-Disposition- provides
in home services, behavioral aid, and family
assessments
19COUNSELING
- CLINCAL PARTNERS- provides services for the
children and the probation officers. Every other
week 1 of 3 therapist conduct a clinical
assessment and recommendation for the child
through a 3 part series. Also provides group
sessions for probation officers to acquire
recommendations for difficult cases that they are
experiencing. Also provides educational lessons
in regards to psychological therapy and
disorders. - MEDLIN- therapy provided for sex offenders and
sexual abuse victims - OGEECHEE- residential drug treatment
- 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 - PHOENIX BEHAVIORAL- IN HOME- intensive family
intervention, community support team, family
enrichment, support groups, empowerment - RESOURCE GUIDE- listing of different counselors
in the Clayton County area that work with
children and their complex behaviors
20GROUP HOMES
- TWIN CEDARS- FEMALES- 12-17 years old, child
usually has history of emotional, physical, or
sexual abuse. DFCS uses as more restrictive
placement - SECOND CHANCE HOME, OAK HAVEN, FAMILIES FIRST,
TAPESTRY HOUSE- homes for pregnant girls and
their child. Teaches independent living, life
skills, education, parenting skills, and
job/economic skills - GA. BAPTIST CHILDRENS HOMES AND FAMILY
MINISTRIES- 6-18 years old, lives in groups of
8-10 and are supervised by group leaders, two
single adults, or married couple. Provides for
residential care, diagnostic and assessments,
maternity care and services for children with
developmental disabilities - YOUTH ADULT GUIDANCE CENTER- MALES-13-17 years
old, helps with moderate mental retardation,
mental health illnesses, and substance abuse
problems. Runaway Program- emergency shelter for
14 days and then try to place into Independent
Living/Transitional Housing Programs. They have
therapy, substance abuse therapy, GED
preparation, employment preparation, economic
strategy planning, life skills, make health care
referrals, referral source of legal aide, and
recreational activities
21ALTERNATIVES 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
22ADVOCACY
- 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
childrens rights and special education
23 OFFENSES
- STATUS- an act that if committed by an adult
would not be considered a crime TRUANCY,
RUNAWAY, CURFEW VIOLATION, UNRULY - DELINQUENT OFFENSES
- MISDEMEANORS- a criminal act/delinquent act of a
less serious nature - AFFRAY, DISRUPTING PUBLIC SCHOOL, CRININAL
TRESPASS, SHOPLIFTING, POSSESSION OF
DRUGS/ALCOHOL, BATTERY, SIMPLE ASSAULT - FELONIES- a criminal/delinquent act of a more
serious nature - THEFT OF MOTOR VEHICLE, BATTERY ON A FAMILY
MEMBER/TEACHER, TERRORISTIC THREATS, CHILD
MOLESTATION, 2ND POSSESSION OF FIRE ARM,
DISTRIBUTION OF DRUGS - DESIGNATED FELONIES- extremely serious
criminal/delinquent act - KIDNAPING, ARSON, AGGRAVATED BATTERY/ASSAULT,
ROBBERY WITH A FIREARM, CARRYING WEAPON AT
SCHOOL, TRAFFICKING DRUGS, 2ND CAR THEFT,
COMBINATION OF 4 FELONIES, CAR JACKING, ANY
OFFENSE TRANSFERRED FROM SUPERIOR COURT - 7 DEADLY SINS MURDER, VOLUNTARY MANSLAUGHTER,
RAPE, AGGRAVATED SODOMY, AGGRAVATED CHILD
MOLESTATION, AGGRAVATED SEXUAL BATTERY, ARMED
ROBBERY WITH A FIREARM
24TERMINOLOGY
- COMPLAINT- a document filed by the police or
private citizen alleging that an offense has
occurred - DETENTION HEARING- a.k.a.- 48 HOUR HEARING- court
proceeding where the judge determines if there is
probable cause for the charge to proceed and if
the child will be detained or released, only
occurs when the child has been detained and can
serve as an arraignment. - ARRAIGNMENT- a court proceeding where a childs
rights are presented and where he/she makes a
formal plea of admit or deny. - ADJUDICATION- a trial before a judge to determine
the childs guilt or innocence. Only occurs when
the child denied a charge at a detention hearing
or arraignment - DISPOSITION- the sentencing phase
- PROBATION- a formal disposition order by a Judge,
for supervision and treatment of a child that has
committed a delinquent offense - SUPERVISION- a formal disposition order by a
Judge, for supervision and treatment of a child
that has committed a status offense
25POSSIBLE DISPOSITIONS
- COUNSELED AND DISMISSED- the judge dismissed the
charge and no further action by the court.. Often
sent to a Diversion Workshop - ABEYANCE-SUSPENDED PROBATION- the judge holds
the charge for a period of 90-120 days with
certain conditions to complete. If the conditions
are completed the charge is dismissed. - PROBATION/SUPERVISION- the judge places a child
under a formal order of supervision or probation. - COMMITMENT TO DEPARTMENT OF JUVENILE JUSTICE-
the judge commits the child to the Georgia
Department of Juvenile Justice, which may remove
the child from the home, place the child in a
treatment facility, or detain in a Youth
Development Center. - SPECIFIC CONDITIONS ON AN ORDER OF PROBATION
SUPERVISION JARIS Treatment Plan, letters of
apology to the victim, videos, essays,
supervision fee, restitution, community service,
protective order, Short Term Order, Electronic
Monitoring, commitment to DJJ, MST, and Family
Orientation/Unity - INTERMEDIATE SANCTIONS verbal/written warning,
increased reporting conditions, tighter curfew,
extra community service, additional programming,
electronic monitoring, written reprimand, and
administrative hearing - FORMAL VIOLATIONS continue on probation, Short
Term Program, additional supervision fees,
community service, and commitment to DJJ - REVOCATION if a child demonstrates his refusal
to cooperate with his/her probation order a
revocation will be granted and the original
probated offense will be re-dispositoned. (
Felony Only)
26TERMINATION
- SUCCESSFUL TERMINATION- the child has
demonstrated progress at home and school,
completed the conditions of probation/supervision,
is in compliance with the general conditions of
probation and completed his/her treatment plan.
May have records sealed after 2 years if he/she
doesnt receive any new charges - UNSUCCESSFUL TERMINATION- does not comply with
his/her treatment plan or conditions of
probation/supervision. Records MAY NOT be sealed
if terminated unsuccessfully.