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Title: Topics to be discussed


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

2
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

3
Status 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.

4
Delinquent 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

5
Designated 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)

6
Designated 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

7
The Seven Deadly Sins(the adult system)
  • Murder
  • Voluntary Manslaughter
  • Rape
  • Aggravated Sodomy
  • Aggravated Child Molestation
  • Aggravated Sexual Battery
  • Armed Robbery with a Firearm

8
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 communitys safety
  • When probation is revoked, it often results in
    the child being committed to DJJ with restrictive
    custody

9
COURT 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

10
SOCIAL 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.

11
PROBATIONFIELD 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
12
J.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)

13
J.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

14
PROGRAMSPARENT/ 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

15
ONLY 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

16
CONTINUED
  • 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

17
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

18
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 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

19
COUNSELING
  • 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

20
GROUP 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

21
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

22
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
    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

24
TERMINOLOGY
  • 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

25
POSSIBLE 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)

26
TERMINATION
  • 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.
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