THE JUDICIAL PERSPECTIVE Jon Mark’s Truancy Summit Low- Tech Outline (Or: How to Present a Presentation in 2014 When You Can’t “Do PowerPoint”)

The Judicial Perspective I.INTRODUCTION II.ROLE OF THE COMMON PLEAS COURT A. Traditional Truancy – None. Judicial proceedings occur and penalties are imposed and enforced in MDJ Courts. Truancy is a status offense. For students, neither being habitually truant nor failing to pay a truancy fine is a delinquent act B. Dependency – Adjudicate and continually review dependency cases involving truancy C. Truancy Court/Prevention – Facilitate…Oversee…Bring people to table… (Non-Traditional Function)

The Judicial Perspective “Facilitating and encouraging regular school attendance, and subsequent student achievement, may be viewed by some as the sole responsibility of the school system. The truth is that promoting the value, and necessity, of education for our youth is important for all of us. The most effective strategy for reducing truancy is possible when parents, schools, public agencies, the legal system, non-profit organizations, businesses and all members of the greater community understand the ramifications of truancy and strive together to make school a place in which all students desire to fully participate.” Pennsylvania Truancy Toolkit

The Judicial Perspective “The goal of the Truancy Abatement Initiative is to promote the attendance and education of children and youth to become capable adults and productive citizens. In order to accomplish this goal, school staff and the community work together to identify the barriers to education for our young people. The Norristown Truancy Abatement Initiative combines the efforts of numerous public and private institutions including: the Magisterial District Court, school district, local law enforcement, community-based agencies, and local prevention coalitions. The Norristown approach is comprised of a five-pronged approach to reducing truancy: (1) Prevention, (2) Timely intervention, (3) Enforcement, (4) Follow-up and (5) Changing Community Norms.” ~ Goal Statement: Norristown, PA Truancy Abatement Program

The Judicial Perspective III.DEPENDENCY A. Quick Overview 1. Purpose 2. Formal judicial proceeding 3. Creature of Statute – Dependency may be based on acts or omissions of parent/guardian AND/OR acts or omissions of child. Grant or denial of dependency based on whether statutory factors proven and NOT on child’s best interests. Best interest analysis comes later. 4. High evidentiary standard. CYS has burden of proof 5. Guardian ad Litem is appointed for child (and attorney may be appointed if necessary) – Schools may contact/speak to guardian 6. Difference between dependent child and delinquent child (a child may be both) 7. Education a) Under new Supreme Court rules, the educational needs of a dependent child must be addressed at every stage of a dependency proceeding b) Under new state and federal laws, rules, and regulations, the court may appoint an Educational Decision Maker

The Judicial Perspective B. Truancy – Truancy is a Basis for Dependency: “Dependent child.” A child who: (1) is without proper parental care or control, subsistence, education as required by law, or other care or control necessary for his physical, mental, or emotional health, or morals…. * * * * * (5) while subject to compulsory school attendance is habitually and without justification truant from school. ~ 42 Pa.C.S.A. §6302 (Definitions)

The Judicial Perspective C. Dependency is Granted – Now What? 1. Standard – Best interest of child applies from this point forward 2. Remove from home or leave in home? – Removal NOT automatic when child adjudicated dependent. Remove only when necessary and in best interest of child. Child safety and well-being are central concepts. For “pure” truancy- based dependency, removal is last resort 3. Multiple placement/custody options – Family preference 4. Identify needs of child and family. Assessments, history, anecdotal information from various sources, including schools 5. Services provided by CYS based on needs and welfare of child and family. Address underlying problems for which truancy is a symptom 6. Review – Cases must be reviewed by Court at minimum every six months (we review several categories of cases every three months). May be reviewed more frequently. Educational needs must be addressed at reviews 7. Ultimately, termination of dependency case and permanency for child * CYS may (and does) provide truancy and other services without filing a dependency petition or going to court. May also continue to provide services after a case closed

The Judicial Perspective IV.TRUANCY PREVENTION AND ELIMINATION – COURT PERSPECTIVE AND OBSERVATIONS A. Statewide Judicial/Roundtable Perspective – See Educational Success & Truancy Prevention Workgroup’s Reports B. Filing Truancy Citation/Dependency Petition Should Be the Last Resort 1. Education and prevention 2. Internal school procedures 3. CYS services without dependency 4. Truancy court/truancy reduction and elimination programs * Filing in court invokes constitutional, statutory, and rule-based requirements

The Judicial Perspective C. Need to Continue, Build On, and Expand Our Current Truancy Court and Truancy Elimination Efforts. Cross-Systems Cooperation and Collaboration is Essential. D. Court is On Board – Court Initiated the Current Truancy Court Program. Remains Committed. Court’s Role and Function: Call Stakeholders Together…Facilitate Programs and Collaboration…Promote Best Practices…Provide Accountability and Sanctions When Necessary…Address the Educational Needs and Welfare of Children Who Become Involved In Court Cases…Ask Questions… E. Court Led/Facilitated, but School and CYS (later Community) Driven F. Early Identification and Intervention are Critical – Early in Every Sense G. Need More Community Involvement

RESOURCES Pennsylvania Truancy Toolkit (PDE) *Recommended by cross-systems task force *Contains: BEC Compulsory Attendance and TEPs Best practices in truancy reduction Sample letters and brochures Job descriptions for truancy officers in school systems Examples of truancy reduction technology and student attendance systems Quick reference materials for parents and all cross-system partners Links to many great sites/resources *Scheduled to be updated May 2014 Statewide Educational Success & Truancy Prevention Workgroup (PA Courts) *2010 Report to State Roundtable: “Truancy: Call to Action” * Reports to State Roundtable

School Safety Reports (PDE) 6bf97a2019bc&Menu=dbd39a1f a75-8f69-d1166dba5d70&res= 6bf97a2019bc&Menu=dbd39a1f a75-8f69-d1166dba5d70&res *Truancy data at end of “School Safety Historic” report *Report also includes statistics relating to crime, discipline, quality of life Norristown, PA Truancy Abatement Program (TAP) National Center for School Engagement National Dropout Prevention Center/Network