Advocating for Youth in the Juvenile Justice System Know Your Rights Presented by the Center for Community Alternatives (CCA)

Why It’s Important to Know Your Rights Do you sometimes think you don’t need to know “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 domy parents/friends will know what to do juvenile charges are not that serious and no big dealjuvenile charges are not that serious and no big deal

Am I In Trouble? Everyday youth are brought into the juvenile justice system for all kinds of different offenses. LoiteringLoitering Disturbing the peaceDisturbing the peace VandalismVandalism FightingFighting

Police Contact What happens when the police want to talk to your child? Identifying informationIdentifying information Questions about criminal activityQuestions about criminal activity Physical restraint i.e. placing hand on shoulderPhysical restraint i.e. placing hand on shoulder Consent to searchConsent to search Right to remain silentRight to remain silent

Police Contact: Minor Offenses Police contact for a young person under the age of 16 usually results in… the young person receiving an appearance ticket stating that probation will contact themthe young person receiving an appearance ticket stating that probation will contact them a requirement that the young person and his/her parents/guardians meet with the assigned probation officera requirement that the young person and his/her parents/guardians meet with the assigned probation officer

Police Contact: Serious Offense Police contact for a young person under the age of 16 usually results in… the young person being escorted to Family Court wherethe young person being escorted to Family Court where –a parent/guardian will be contacted –judge decides whether to send to detention facility OR after business hours, Hillbrook staff complete a risk assessment instrument by phone to decide whether to detain youthafter business hours, Hillbrook staff complete a risk assessment instrument by phone to decide 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

Diversion The majority of young people who have police contact will avoid Family CourtThe majority of young people who have police contact will avoid Family Court An appearance ticket will be issued stating that Probation will contact the young personAn appearance ticket will be issued stating that Probation will contact the young person The young person will be assigned a Probation Officer who will develop a diversion plan that will require the young person to adhere to certain conditionsThe young person will be assigned a Probation Officer who will develop a diversion plan that will require the young person to adhere to certain conditions

Working with the Probation Officer A parent/guardian must accompany the young person to the first meeting with the PO.A parent/guardian must accompany the young person to the first meeting with the PO. Remember the PO is trying to help your child avoid Family Court involvement.Remember the PO is trying to help your child avoid Family Court involvement. Share any relevant information about your child’s needs with the PO. He/she can help link your child to services.Share any relevant information about your child’s needs with the PO. He/she can help link your child to services. Make a good impression. Be cooperative, respectful, and open to suggestions.Make a good impression. Be cooperative, respectful, and open to suggestions. Talk to your child about how to appropriately interact with his/her POTalk to your child about how to appropriately interact with his/her PO

Taken into Custody If your child is taken into custody, you should… Get information about where your child is being held and what the charges areGet information about where your child is being 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 without youNot allow police to talk to your child without you Remind your child NOT to talk without an attorneyRemind your child NOT to talk without an attorney

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 Delinquents Minor Offenses Juvenile Offenders Serious Offenses Definition At least 7 yrs old & less than 16 yrs old A youth 13 to 15 yrs old Where case decided Family Court County or Supreme Court Police Contact Taken into custody Arrested First court appearance Initial appearance Arraignment in Criminal Court Prosecution Deputy County Attorney Assistant District Attorney Custody Options Remand to secure or non secure detention or released Bail, ROR, remand to secure detention Legal Representation Appointed Attorney for the Child Defense Counsel How case decided Fact Finding Hearing Plea/Trial Judicial Options Dispositional Hearing -probation -placement with OCFS -Adjournment in Contemplation of Dismissal (ACD) -conditional discharge -restitution Sentencing, if convicted -probation -confinement in an OCFS secure facility

Obtaining an Attorney for the Child An Attorney for the Child will be appointed at the young person’s first appearance in Family Court to serve as an advocate and represent his/her interests.An Attorney for the Child will be appointed at the young person’s first appearance in Family Court to serve as an advocate and represent his/her interests. Parents/Guardians can hire an attorney for their child. Both court-appointed and hired attorneys will work to represent the interest of their client.Parents/Guardians can hire an attorney for their child. Both court-appointed and hired attorneys will work to represent the interest of their client.

Working with the Attorney: DO… Make sure to inform your child’s attorney of all pertinent information regarding your child.Make sure to inform your child’s attorney of all pertinent information regarding your child. Offer to assist with “leg work” for the Fact-Finding Hearing.Offer to assist with “leg work” for the Fact-Finding Hearing. Provide the attorney with letters of support to document your child’s character.Provide the attorney with letters of support to document your child’s character. Stay open minded to advice from the Attorney for the Child.Stay open minded to advice from the Attorney for the Child.

Working with the Attorney: DON’T… Forget that the attorney is representing your CHILD, not you.Forget that the attorney is representing your CHILD, not you. Cross the line from advocate to annoyance. Be mindful that your child is NOT the only client of the attorney.Cross the line from advocate to annoyance. Be mindful that your child is NOT the only client of the attorney. Underestimate the importance of making a good impression. Remember the attorney did not know you before this incident.Underestimate the importance of making a good impression. Remember the attorney did not know you before this incident.

Family Court Your attendance in Family Court is very important. A judge is more likely to allow your child to return home if a parent is present in court.Your attendance in Family Court is very important. A judge is more likely to allow your child to return home if a parent is present in court. If you cannot attend a specific court date, you should inform your child’s lawyer.If you cannot attend a specific court date, you should inform your child’s lawyer. Be prepared to wait in the waiting area for long periods of time.Be prepared to wait in the waiting area for long periods of time. Always speak to the lawyer prior to a court date so you can all be “on the same page.”Always speak to the lawyer prior to a court date so you can all be “on the same page.”

Social Investigation The court may ask Probation to complete a Social Investigation.The court may ask Probation to complete a Social Investigation. A Probation Officer will interview the child, the parents, and other relevant people. They will also obtain documentation like school records.A Probation Officer will interview the child, the parents, and other relevant people. They will also obtain documentation like school records. This information will be provided to the Court to:This information will be provided to the Court to: –Give a picture of the child’s background and history –Recommend appropriate dispositions

How Can I Help With the Social Investigation? Be respectful when speaking to the Probation Officer. Watch your body language and your attitude as his/her impression of you will be documented and may affect your child’s outcome in court.Be respectful when speaking to the Probation Officer. Watch your body language and your attitude as his/her impression of you will be documented and may affect your child’s outcome in court. It is important you offer positive information about your child such as involvement in after-school activities, good attendance in school, etc.It is important you offer positive information about your child such as involvement in after-school activities, good attendance in school, etc. Be honest and try not to become emotional. Be honest and try not to become emotional.

Fact Finding Hearing In a juvenile delinquency case, the trial is called a “fact finding hearing.” A fact-finding hearing is the same as a criminal trial but without a jury.In a juvenile delinquency case, the trial is called a “fact finding hearing.” A fact-finding hearing is the same as a criminal trial but without a jury. The judge decides whether the child committed the acts described in the petition to Family Court and should be adjudicated a juvenile delinquent.The judge decides whether the child committed the acts described in the petition to Family Court and should be adjudicated a juvenile delinquent.

Dispositional Hearing In a juvenile delinquency case, a sentencing is called a “dispositional hearing.”In a juvenile delinquency case, a sentencing is called a “dispositional hearing.” The County Attorney’s office will present recommendations (that Probation may have helped develop in the social investigation).The County Attorney’s office will present recommendations (that Probation may have helped develop in the social investigation). The Attorney for the Child should be prepared to suggest alternative dispositions.The Attorney for the Child should be prepared to suggest alternative dispositions.

How Can I Help With the Hearings? Be present at all court dates and act appropriately.Be present at all court dates and act appropriately. Offer to work with the attorney to track down witnesses, collect letters of support, etc.Offer to work with the attorney to track down witnesses, collect letters of support, etc. Discuss possible dispositions with the attorney:Discuss possible dispositions with the attorney: –Ask about the various options –Make suggestions if you have an idea for an effective disposition

How Should I Act in Family Court? Come early. Contact your child’s lawyer if you are going to be late.Come early. Contact your child’s lawyer if you are going to be late. Be respectful and cooperative.Be respectful and cooperative. Dress appropriately. No shorts or party clothes.Dress appropriately. No shorts or party clothes. Be mindful of your body language.Be mindful of your body language. Discuss everything you might want to say to the judge with your child’s lawyer first.Discuss everything you might want to say to the judge with your child’s lawyer first.

You Have the Right… to know the charges against your child if he/she is taken into custody.to know the charges against your child if he/she is taken into custody. to be involved in creating the diversion plan for your child.to be involved in creating the diversion plan for your child. to a lawyer. An Attorney for the Child will be assigned to represent your child if the case does go to Family Court.to a lawyer. An Attorney for the Child will be assigned to represent your child if the case does go to Family Court. to be notified, in advance, when any court dates are scheduled.to be notified, in advance, when any court dates are scheduled.

You Have the Right… to be present at all court proceedings and inform the court of how you will supervise your child and meet release requirements.to be present at all court proceedings and inform the court of how you will supervise your child and meet release requirements. to be informed of alternative programs available for your child’s rehabilitation.to be informed of alternative programs available for your child’s rehabilitation. to work closely with all aftercare authorities and community-based agencies involving your child.to work closely with all aftercare authorities and community-based agencies involving your child.

Why is it Important to Advocate for My Child? If the Probation Officer or Attorney for the Child like you, they may work harder for your child.If the Probation Officer or Attorney for the Child like you, they may work harder for your child. If you are involved in the process, you may be able to get your child connected to services instead of just punishment.If you are involved in the process, you may be able to get your child connected to services instead of just punishment. If you know your rights and are paying attention, it is less likely that your child will fall through the cracks.If you know your rights and are paying attention, it is less likely that your child will fall through the cracks.

Disproportionate Minority Contact (DMC) DMC occurs when the proportion of youth of color who pass through the juvenile justice system exceed the proportion of youth of color in the general population. DMC becomes worse as youth of color pass through the system starting with arrest and ending with placement or incarceration.

How Does DMC Happen? DMC can occur at any point in the processing of a case in the juvenile justice system from police contact to placement.DMC can occur at any point in the processing of a case in the juvenile justice system from police contact to placement. Decision-making based on race can compound throughout the system resulting in cumulative disadvantage for youth of color.Decision-making based on race can compound throughout the system resulting in cumulative disadvantage for youth of color.

Cumulative 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 Disparity Black youth are: Arrested 5.27 times more often Securely detained 1.42 times more often Petitioned to Family Court 1.14 times more often than White youth

Juvenile Record The moment your child enters the juvenile justice system, a record is created. When your child is arrested, there is a record of your child’s arrest, even if no charges are filedThe moment your child enters the juvenile justice system, a record is created. When your child is arrested, there is a record of your child’s arrest, even if no charges are filed If charges are filed, the record will also include the charges against your child, whether your child was adjudicated delinquent, and any records from probationIf charges are filed, the record will also include the charges against your child, whether your child was adjudicated delinquent, and any records from probation

Parental Involvement Remember…your involvement during this difficult process is very important. Your child is scared and, in most instances, will not know how to react to all that is happening to them.Remember…your involvement during this difficult process is very important. Your child is scared and, in most instances, will not know how to react to all that is happening to them. Your child will need you to remain calm and show by example how he/she should behave. Talk your child and keep in mind both of you are very emotional.Your child will need you to remain calm and show by example how he/she should behave. Talk your child and keep in mind both of you are very emotional.