Juvenile Delinquency in West Virginia Root, Affect, and Need for Improvement Severin Condin

Purpose of this study Juvenile Delinquency in West Virginia shows trends that highlight a disparity in social justice. This disparity is how the system defines juvenile offenses, and juvenile offenders. Severin Condin

Objectives Look at the current trends in poverty, affluence Look at the current trends in poverty, affluence Compare the national average Compare the national average Examine the current juvenile justice system (4 different departments) Examine the current juvenile justice system (4 different departments) Look at the WV juvenile offender rehabilitation act Look at the WV juvenile offender rehabilitation act Analyze trends in WV society to discover strengths and weaknesses Analyze trends in WV society to discover strengths and weaknesses Severin Condin

West Virginia Poverty West Virginia has the Lowest Income rate in the US. West Virginia has the Lowest Income rate in the US. 24% of all juveniles in West Virginia live below the Poverty level. 24% of all juveniles in West Virginia live below the Poverty level. National average is 17% children living below poverty. National average is 17% children living below poverty. 46% of WV children living in low income families live with a single parent. 46% of WV children living in low income families live with a single parent. Severin Condin

Juvenile Correction system is divided into 4 Entities CJS: Division of Criminal Justice Services, primarily responsible for grant funding. CJS: Division of Criminal Justice Services, primarily responsible for grant funding. DOJS : Department of Juvenile Services, in charge of correctional facilities and detention centers DOJS : Department of Juvenile Services, in charge of correctional facilities and detention centers Supreme Court, handles all probation and parole services Supreme Court, handles all probation and parole services WVDHHR: West Virginia Department of Human Health and Resources; follow and enforce WV Article 5b (5). West Virginia Juvenile Offender Rehabilitation Act. § 49- 5B-2. WVDHHR: West Virginia Department of Human Health and Resources; follow and enforce WV Article 5b (5). West Virginia Juvenile Offender Rehabilitation Act. § 49- 5B-2. Jackie Smelser

Current Juvenile Offense definition Delinquent act: Is any act committed by a juvenile that would be against the law if committed by an adult Status Offense: Any act committed by a juvenile that is not against the law if committed by an adult, e.g. (Truancy, Running away from home, or underage consumption of alcohol) Jackie Smelser

Child Welfare. Article 5b (5). West Virginia Juvenile Offender Rehabilitation Act. § 49-5B-2. (current through the end of 2004 ) "Assuring each child care, safety and guidance; Serve the mental and physical welfare of the child; Preserve and strengthen the child's family ties; Recognize the fundamental rights of children and parents; Adopt procedures and establish programs that are family-focused rather than focused on specific family members, except where the best interests of the child or the safety of the community are at risk; Involve the child and his or her family or caregiver in the planning and delivery of programs and services; ) Provide services that are community-based, in the least restrictive settings that are consonant with the needs and potentials of the child and his or her family; Provide for early identification of the problems of children and their families, and respond appropriately with measures and services to prevent abuse and neglect or delinquency; Provide a system for the rehabilitation of status offenders and juvenile delinquents; Provide a system for the secure detention of certain juveniles alleged or adjudicated delinquent; ) Provide a system for the secure incarceration of juveniles adjudicated delinquent and committed to the custody of the director of the division of juvenile services; and Protect the welfare of the general public.” "Assuring each child care, safety and guidance; Serve the mental and physical welfare of the child; Preserve and strengthen the child's family ties; Recognize the fundamental rights of children and parents; Adopt procedures and establish programs that are family-focused rather than focused on specific family members, except where the best interests of the child or the safety of the community are at risk; Involve the child and his or her family or caregiver in the planning and delivery of programs and services; ) Provide services that are community-based, in the least restrictive settings that are consonant with the needs and potentials of the child and his or her family; Provide for early identification of the problems of children and their families, and respond appropriately with measures and services to prevent abuse and neglect or delinquency; Provide a system for the rehabilitation of status offenders and juvenile delinquents; Provide a system for the secure detention of certain juveniles alleged or adjudicated delinquent; ) Provide a system for the secure incarceration of juveniles adjudicated delinquent and committed to the custody of the director of the division of juvenile services; and Protect the welfare of the general public.” Jackie Smelser

Closer look at WV Legal code Pro Juvenile Literature: Serve the mental and physical welfare of the child Pro Juvenile Literature: Serve the mental and physical welfare of the child Pro family Literature: Preserve and strengthen the child's family ties; Recognize the fundamental rights of children and parents; Adopt procedures and establish programs that are family-focused rather than focused on specific family members, Provide services that are community- based, in the least restrictive settings that are consonant with the needs and potentials of the child and his or her family; Provide for early identification of the problems of children and their families, and respond appropriately with measures and services to prevent abuse and neglect or delinquency, Pro family Literature: Preserve and strengthen the child's family ties; Recognize the fundamental rights of children and parents; Adopt procedures and establish programs that are family-focused rather than focused on specific family members, Provide services that are community- based, in the least restrictive settings that are consonant with the needs and potentials of the child and his or her family; Provide for early identification of the problems of children and their families, and respond appropriately with measures and services to prevent abuse and neglect or delinquency, Pro incarceration Literature: Adopt procedures and establish programs that are family-focused rather than focused on specific family members, except where the best interests of the child or the safety of the community are at risk; Provide a system for the secure detention of certain juveniles alleged or adjudicated delinquent; ) Provide a system for the secure incarceration of juveniles adjudicated delinquent and committed to the custody of the director of the division of juvenile services; and Protect the welfare of the general public.” Pro incarceration Literature: Adopt procedures and establish programs that are family-focused rather than focused on specific family members, except where the best interests of the child or the safety of the community are at risk; Provide a system for the secure detention of certain juveniles alleged or adjudicated delinquent; ) Provide a system for the secure incarceration of juveniles adjudicated delinquent and committed to the custody of the director of the division of juvenile services; and Protect the welfare of the general public.” Unclear: Provide a system for the rehabilitation of status offenders and juvenile delinquents Unclear: Provide a system for the rehabilitation of status offenders and juvenile delinquents Jackie Smelser

Need for Study What changes have taken place since 2004? What changes have taken place since 2004? How are the new or unchanged programs and statutes working? How are the new or unchanged programs and statutes working? Which areas in the state need more or less attention if any? Which areas in the state need more or less attention if any? Jackie Smelser

West Virginia Trends Easy Access to FBI Arrest Statistics: Percent of all arrests involving persons under age 18 in West Virginia VS. Easy Access to FBI Arrest Statistics: Arrest rate of persons under age 18 (per 100,000 persons age 10 to 17) in West Virginia Scott McClarin

Arrest rate can be shown to correlate with decline in percent of under 18 occurrences of drug related arrests and offenses. What is typical social pressure to increased arrests? Is the slope and rate of change equivalent? What if the arrest rate had little effect? what could be inferred? Arrest Rate Percent of all sub 18 arrested Scott McClarin

PROBLEM? Arrest rate for underage drunk driving Percent of all sub 18 arrested for drunk driving -OR- Arrest rate liquor laws % of all Sub 18 liquor law arrests Scott McClarin

Arrest rate liquor laws % of all Sub 18 liquor law arrests Recent policy changes may be responsible for this skewed data trend, as Under 18 alcohol consumption is not considered deviant in the state of West Virginia in fact it is not even considered a minor offense! Additionally as a result Juveniles are not arrested or fined for such activities since underage drinking Is overlooked as a gateway substance for Juvenile crime. Juveniles Are referred to DHHR (DEPT OF HEALTH AND HUMAN RESOURCES) Scott McClarin Interesting Trends

Alternative programs type of disorder and societal structure must be identified. type of disorder and societal structure must be identified. populations with most issues involving Juvenile alcohol would benefit from addressing the issue of alcohol possession and consumption by Minors. populations with most issues involving Juvenile alcohol would benefit from addressing the issue of alcohol possession and consumption by Minors. Drunk Driving of minors is also important to address appropriately because it affects society as a whole. Drunk Driving of minors is also important to address appropriately because it affects society as a whole. Repeat high status offenders could be detained indefinitely if they were determined to be chronically delinquent and harmful to society, rather than released into the public before 21 to be re-arrested for adult crimes. Repeat high status offenders could be detained indefinitely if they were determined to be chronically delinquent and harmful to society, rather than released into the public before 21 to be re-arrested for adult crimes. Scott McClarin

Sources Easy Access to FBI Arrest Statistics: Easy Access to FBI Arrest Statistics: Adolescent Health December 25, 2003 Motherhood lessens teen delinquency, study shows ©Copyright 2003, Women's Health Weekly via NewsRx.com & NewsRx.net Adolescent Health December 25, 2003 Motherhood lessens teen delinquency, study shows ©Copyright 2003, Women's Health Weekly via NewsRx.com & NewsRx.net Howell, J.C., & Hawkins, J.D. (1998). Prevention of youth violence. In M. Tonry & M.H. Moore (Eds.), Youth Violence. (pp ). Chicago, IL: University of Chicago Press Howell, J.C., & Hawkins, J.D. (1998). Prevention of youth violence. In M. Tonry & M.H. Moore (Eds.), Youth Violence. (pp ). Chicago, IL: University of Chicago Press Latimer, Jeff. Multisystemic Therapy as a Response to Serious Youth Delinquency, Canada Dept. of Justice, On the web at: Latimer, Jeff. Multisystemic Therapy as a Response to Serious Youth Delinquency, Canada Dept. of Justice, On the web at: Roberts, A.R., & Camasso, M. (1990). The effect of juvenile offender treatment programs on recidivism: A meta-analysis of 46 studies. Notre Dame Journal of Law, Ethics, and Public Policy, 5, Roberts, A.R., & Camasso, M. (1990). The effect of juvenile offender treatment programs on recidivism: A meta-analysis of 46 studies. Notre Dame Journal of Law, Ethics, and Public Policy, 5, West Virginia Code, 1966 Chapter 49. Child Welfare, Article 5b. West Virginia Juvenile Offender Rehabilitation Act. § 49-5B-2. West Virginia Code, 1966 Chapter 49. Child Welfare, Article 5b. West Virginia Juvenile Offender Rehabilitation Act. § 49-5B-2. Scott McClarin