Advocating for Youth Advocating for Youth in the Juvenile Justice in the Juvenile Justice

SystemSystem

Know Your RightsKnow Your Rights

Presented by the Center for Community Presented by the Center for Community Alternatives (CCA)Alternatives (CCA)

Why It’s Important to Why It’s Important to Know Your RightsKnow Your Rights

Do you sometimes think you don’t need Do you sometimes think you don’t need to knowto know

““legal stuff” because…legal stuff” because…• I am not going to get into troubleI am not going to get into trouble• the police will inform me of my rightsthe police will inform me of my rights• my parents/friends will know what to my parents/friends will know what to

dodo• juvenile charges are not that serious juvenile charges are not that serious

and no big dealand no big deal

Am I In Trouble?Am I In Trouble?

Everyday youth are brought into the Everyday youth are brought into the juvenile justicejuvenile justice

system for all kinds of different offenses.system for all kinds of different offenses.• Loitering Loitering • Disturbing the peaceDisturbing the peace• VandalismVandalism• FightingFighting

Police ContactPolice Contact

What happens when the police want to talk What happens when the police want to talk toto

your child?your child?

• Identifying informationIdentifying information• Questions about criminal activityQuestions about criminal activity• Physical restraint i.e. placing hand on Physical restraint i.e. placing hand on

shouldershoulder• Consent to searchConsent to search• Right to remain silentRight to remain silent

Police Contact: Minor Police Contact: Minor OffensesOffenses

Police contact for a young person under Police contact for a young person under the age ofthe age of

16 usually results in…16 usually results in…

• the young person receiving an the young person receiving an appearance ticket stating that probation appearance ticket stating that probation will contact themwill contact them

• a requirement that the young person and a requirement that the young person and his/her parents/guardians meet with the his/her parents/guardians meet with the assigned probation officerassigned probation officer

Police Contact: Serious Police Contact: Serious OffenseOffense

Police contact for a young person under the age Police contact for a young person under the age ofof

16 usually results in…16 usually results in…

• the young person being escorted to Family the young person being escorted to Family Court whereCourt where– a parent/guardian will be contacted a parent/guardian will be contacted – judge decides whether to send to detention judge decides whether to send to detention

facilityfacilityOROR• after business hours, Hillbrook staff complete after business hours, Hillbrook staff complete

a risk assessment instrument by phone to a risk assessment instrument by phone to decide whether to detain youthdecide whether to detain youth

Warn and Release

Appearance Ticket for Probation Intake

Probation intake and development of diversion plan

Probation intake and petition to Family Court

Detain Pending Court Appearance

Bring directly to court

Call Hillbrook to administer the RAI

Law Enforcement Options for Juveniles at Initial Contact

DiversionDiversion

• The majority of young people who have The majority of young people who have police contact will avoid Family Courtpolice contact will avoid Family Court

• An appearance ticket will be issued stating An appearance ticket will be issued stating that Probation will contact the young personthat Probation will contact the young person

• The young person will be assigned a The young person will be assigned a Probation Officer who will develop a Probation Officer who will develop a diversion plan that will require the young diversion plan that will require the young person to adhere to certain conditionsperson to adhere to certain conditions

Working with the Probation Working with the Probation OfficerOfficer

• A parent/guardian must accompany the A parent/guardian must accompany the young person to the first meeting with the young person to the first meeting with the PO.PO.

• Remember the PO is trying to help your Remember the PO is trying to help your child avoid Family Court involvement.child avoid Family Court involvement.

• Share any relevant information about your Share any relevant information about your child’s needs with the PO. He/she can child’s needs with the PO. He/she can help link your child to services.help link your child to services.

• Make a good impression. Be cooperative, Make a good impression. Be cooperative, respectful, and open to suggestions.respectful, and open to suggestions.

• Talk to your child about how to Talk to your child about how to appropriately interact with his/her POappropriately interact with his/her PO

Taken into CustodyTaken into CustodyIf your child is taken into custody, you If your child is taken into custody, you

should…should…

• Get information about where your child is Get information about where your child is being held and what the charges arebeing held and what the charges are

• Try to see your child immediatelyTry to see your child immediately• Not allow police to talk to your child Not allow police to talk to your child

without youwithout you• Remind your child NOT to talk without an Remind your child NOT to talk without an

attorneyattorney

Family Court Process

Initial Appearance

Release HomeDetention

Probable Cause

Hearing

Convert to PINS petition

Adjournment in Contemplation of Dismissal

Fact Finding

Disposition

Conditional Discharge

Probation Supervision

Placement with local service provider

Placement with State Office of Children and Family Services

Juvenile DelinquentsJuvenile DelinquentsMinor OffensesMinor Offenses

Juvenile OffendersJuvenile OffendersSerious OffensesSerious Offenses

DefinitionDefinition At least 7 yrs old & less than At least 7 yrs old & less than 16 yrs old16 yrs old

A youth 13 to 15 yrs oldA youth 13 to 15 yrs old

Where case decidedWhere case decided Family CourtFamily Court County or Supreme County or Supreme CourtCourt

Police ContactPolice Contact Taken into custodyTaken into custody ArrestedArrested

First court First court appearanceappearance

Initial appearanceInitial appearance Arraignment in Arraignment in Criminal CourtCriminal Court

ProsecutionProsecution Deputy County AttorneyDeputy County Attorney Assistant District Assistant District AttorneyAttorney

Custody OptionsCustody Options Remand to secure or non Remand to secure or non secure detention or releasedsecure detention or released

Bail, ROR, remand to Bail, ROR, remand to secure detentionsecure detention

Legal Legal RepresentationRepresentation

Appointed Attorney for the Appointed Attorney for the ChildChild

Defense CounselDefense Counsel

How case decidedHow case decided Fact Finding HearingFact Finding Hearing Plea/TrialPlea/Trial

Judicial OptionsJudicial Options Dispositional HearingDispositional Hearing

-probation-probation

-placement with OCFS-placement with OCFS

-Adjournment in -Adjournment in Contemplation of Contemplation of Dismissal (ACD)Dismissal (ACD)

-conditional discharge -conditional discharge

-restitution-restitution

Sentencing, if convictedSentencing, if convicted

-probation-probation

-confinement in an -confinement in an OCFS secure facilityOCFS secure facility

Obtaining an Attorney for Obtaining an Attorney for the Childthe Child

• An Attorney for the Child will be An Attorney for the Child will be appointed at the young person’s first appointed at the young person’s first appearance in Family Court to serve as appearance in Family Court to serve as an advocate and represent his/her an advocate and represent his/her interests.interests.

• Parents/Guardians can hire an attorney Parents/Guardians can hire an attorney for their child. Both court-appointed and for their child. Both court-appointed and hired attorneys will work to represent the hired attorneys will work to represent the interest of their client.interest of their client.

Working with the Attorney:Working with the Attorney:DO…DO…

• Make sure to inform your child’s attorney Make sure to inform your child’s attorney of all pertinent information regarding your of all pertinent information regarding your child.child.

• Offer to assist with “leg work” for the Fact-Offer to assist with “leg work” for the Fact-Finding Hearing.Finding Hearing.

• Provide the attorney with letters of support Provide the attorney with letters of support to document your child’s character.to document your child’s character.

• Stay open minded to advice from the Stay open minded to advice from the Attorney for the Child.Attorney for the Child.

Working with the Attorney:Working with the Attorney:DON’T…DON’T…

• Forget that the attorney is Forget that the attorney is representing your CHILD, not you.representing your CHILD, not you.

• Cross the line from advocate to Cross the line from advocate to annoyance. Be mindful that your child annoyance. Be mindful that your child is NOT the only client of the attorney.is NOT the only client of the attorney.

• Underestimate the importance of Underestimate the importance of making a good impression. Remember making a good impression. Remember the attorney did not know you before the attorney did not know you before this incident.this incident.

Family CourtFamily Court• Your attendance in Family Court is very Your attendance in Family Court is very

important. A judge is more likely to allow your important. A judge is more likely to allow your child to return home if a parent is present in child to return home if a parent is present in court. court.

• If you cannot attend a specific court date, you If you cannot attend a specific court date, you should inform your child’s lawyer.should inform your child’s lawyer.

• Be prepared to wait in the waiting area for long Be prepared to wait in the waiting area for long periods of time.periods of time.

• Always speak to the lawyer prior to a court date Always speak to the lawyer prior to a court date so you can all be “on the same page.”so you can all be “on the same page.”

Social InvestigationSocial Investigation

• The court may ask Probation to complete a The court may ask Probation to complete a Social Investigation.Social Investigation.

• A Probation Officer will interview the child, the A Probation Officer will interview the child, the parents, and other relevant people. They will parents, and other relevant people. They will also obtain documentation like school records.also obtain documentation like school records.

• This information will be provided to the Court This information will be provided to the Court to:to:– Give a picture of the child’s background and historyGive a picture of the child’s background and history– Recommend appropriate dispositions Recommend appropriate dispositions

How Can I HelpHow Can I HelpWith the Social With the Social Investigation?Investigation?

• Be respectful when speaking to the Probation Be respectful when speaking to the Probation Officer. Watch your body language and your Officer. Watch your body language and your attitude as his/her impression of you will be attitude as his/her impression of you will be documented and may affect your child’s documented and may affect your child’s outcome in court.outcome in court.

• It is important you offer positive information It is important you offer positive information about your child such as involvement in after-about your child such as involvement in after-school activities, good attendance in school, school activities, good attendance in school, etc.etc.

• Be honest and try not to become emotional.Be honest and try not to become emotional.

Fact Finding HearingFact Finding Hearing

• In a juvenile delinquency case, the In a juvenile delinquency case, the trial is called a “fact finding hearing.” trial is called a “fact finding hearing.” A fact-finding hearing is the same as a A fact-finding hearing is the same as a criminal trial but without a jury. criminal trial but without a jury.

• The judge decides whether the child The judge decides whether the child committed the acts described in the committed the acts described in the petition to Family Court and should be petition to Family Court and should be adjudicated a juvenile delinquent.adjudicated a juvenile delinquent.

Dispositional HearingDispositional Hearing

• In a juvenile delinquency case, a sentencing In a juvenile delinquency case, a sentencing is called a “dispositional hearing.”is called a “dispositional hearing.”

• The County Attorney’s office will present The County Attorney’s office will present recommendations (that Probation may have recommendations (that Probation may have helped develop in the social investigation).helped develop in the social investigation).

• The Attorney for the Child should be The Attorney for the Child should be prepared to suggest alternative prepared to suggest alternative dispositions.dispositions.

How Can I HelpHow Can I HelpWith the Hearings?With the Hearings?

• Be present at all court dates and act Be present at all court dates and act appropriately.appropriately.

• Offer to work with the attorney to track Offer to work with the attorney to track down witnesses, collect letters of down witnesses, collect letters of support, etc.support, etc.

• Discuss possible dispositions with the Discuss possible dispositions with the attorney:attorney:– Ask about the various optionsAsk about the various options– Make suggestions if you have an idea for an Make suggestions if you have an idea for an

effective dispositioneffective disposition

How Should I Act in Family How Should I Act in Family Court?Court?

• Come early. Contact your child’s lawyer Come early. Contact your child’s lawyer if you are going to be late.if you are going to be late.

• Be respectful and cooperative.Be respectful and cooperative.• Dress appropriately. No shorts or party Dress appropriately. No shorts or party

clothes.clothes.

• Be mindful of your body language.Be mindful of your body language.

• Discuss everything you might want to Discuss everything you might want to say to the judge with your child’s lawyer say to the judge with your child’s lawyer first.first.

You Have the Right…You Have the Right…

• to know the charges against your child if to know the charges against your child if he/she is taken into custody.he/she is taken into custody.

• to be involved in creating the diversion to be involved in creating the diversion plan for your child.plan for your child.

• to a lawyer. An Attorney for the Child to a lawyer. An Attorney for the Child will be assigned to represent your child if will be assigned to represent your child if the case does go to Family Court.the case does go to Family Court.

• to be notified, in advance, when any court to be notified, in advance, when any court dates are scheduled.dates are scheduled.

You Have the Right…You Have the Right…

• to be present at all court proceedings and to be present at all court proceedings and inform the court of how you will supervise inform the court of how you will supervise your child and meet release requirements.your child and meet release requirements.

• to be informed of alternative programs to be informed of alternative programs available for your child’s rehabilitation.available for your child’s rehabilitation.

• to work closely with all aftercare to work closely with all aftercare authorities and community-based authorities and community-based agencies involving your child.agencies involving your child.

Why is it Important toWhy is it Important toAdvocate for My Child?Advocate for My Child?

• If the Probation Officer or Attorney for If the Probation Officer or Attorney for the Child like you, they may work the Child like you, they may work harder for your child.harder for your child.

• If you are involved in the process, you If you are involved in the process, you may be able to get your child may be able to get your child connected to services instead of just connected to services instead of just punishment.punishment.

• If you know your rights and are paying If you know your rights and are paying attention, it is less likely that your attention, it is less likely that your child will fall through the cracks. child will fall through the cracks.

DisproportionateDisproportionateMinority Contact (DMC)Minority Contact (DMC)

DMC occurs when the DMC occurs when the proportion of youth of color proportion of youth of color who pass through the juvenile who pass through the juvenile justice system exceed the justice system exceed the proportion of youth of color in proportion of youth of color in the general population.the general population.

DMC becomes worse as youth DMC becomes worse as youth of color pass through the of color pass through the system starting with arrest system starting with arrest and ending with placement or and ending with placement or incarceration. incarceration.

How Does DMC Happen?How Does DMC Happen?

• DMC can occur at any point in the DMC can occur at any point in the processing of a case in the juvenile processing of a case in the juvenile justice system from police contact to justice system from police contact to placement.placement.

• Decision-making based on race can Decision-making based on race can compound throughout the system compound throughout the system resulting in resulting in cumulative disadvantagecumulative disadvantage for youth of color.for youth of color.

Cumulative DisadvantageCumulative Disadvantage

Law Enforcement Deployment

Appearance Ticket/ Warn & Release

Court Appearance/ Police Dropoff

Release/ Detention

Diversion

Petition to Family Court

Attorney for the Child

Probable Cause

Hearing

Fact Finding Hearing

Disposition

Probation Violations

Reintegration Services

Cumulative

Disadvantage

Onondaga County Onondaga County DisparityDisparity

Black Youth as a Percentage of...

72

61

62

40

16

0 10 20 30 40 50 60 70 80

OCFS Secure Placements

Cases Petitioned to Family Court

Hillbrook Admissions

Juvenile Arrests

Onondaga County Youth

Popu

latio

n

Percentage

Black youth are:Black youth are:

• Arrested 5.27 Arrested 5.27 times more oftentimes more often

• Securely detained Securely detained 1.42 times more 1.42 times more oftenoften

• Petitioned to Petitioned to Family Court 1.14 Family Court 1.14 times more oftentimes more often

than White youththan White youth

Juvenile RecordJuvenile Record

• The moment your child enters the juvenile The moment your child enters the juvenile justice system, a record is created. When justice system, a record is created. When your child is arrested, there is a record of your child is arrested, there is a record of your child’s arrest, even if no charges are your child’s arrest, even if no charges are filedfiled

• If charges are filed, the record will also If charges are filed, the record will also include the charges against your child, include the charges against your child, whether your child was adjudicated whether your child was adjudicated delinquent, and any records from delinquent, and any records from probation probation

Parental InvolvementParental Involvement

• Remember…your involvement during Remember…your involvement during this difficult process is very important. this difficult process is very important. Your child is scared and, in most Your child is scared and, in most instances, will not know how to react to instances, will not know how to react to all that is happening to them.all that is happening to them.

• Your child will need you to remain calm Your child will need you to remain calm and show by example how he/she should and show by example how he/she should behave. Talk your child and keep in behave. Talk your child and keep in mind both of you are very emotional.mind both of you are very emotional.