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Published byDamian Owen Modified over 8 years ago
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Prosecuting a DEC Case Outside of Drug Court…… You mean I have to work with THEM!!!!
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THE ROLE OF THE CRIMINAL JUSTICE SYSTEM IN THE PROTECTION OF DRUG ENDANGERED CHILDREN
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MONEY MUST NEVER DRIVE THIS TRAIN…… IT SHOULD BE HOW WE DO OUR JOBS
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Successful prosecution of DEC cases requires multi-disciplinary work… At every stage of the proceeding
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MULTI- DISCIPLINARY WORK MEANS……
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MULTI- DISCIPLINARY MINDSET
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Sharing Information + Sharing Duties + Common Goal = Protection of Children
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So… Theory practice CULTURE
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CONUNDRUM OF CONFIDENTIALITY REALITY V. MYTHOLOGY
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KNOW THE DIFFERENCE
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CREATION OF WRITTEN PROTOCOLS Medical CPS Law Enforcement
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IN HOUSE TRAINING
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These penalties can be used by probation to supplement services provided through the CINA process It may also provide some leverage to keep the kids safe and out of the home until certain conditions of health and safety are met IF USED WITH OTHER DRUG CHARGE DO NOT USE AS A THROW AWAY
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CRIMINAL STATUTES NEED TO ACCURATELY REFLECT CURRENT MEDICAL RESEARCH
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DATA COLLECTION BECOMES A KEY FACTOR 1. RESEARCH 2. STATUTORY CONSTRUCTION
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CRIMINAL STATUTES
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C.R.S.18-6-401 Colorado Child Abuse Statutes
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Person commits child abuse if 1.causes injury or 2. places in threat of injury or 3.engages in pattern which results in a.malnourishment b.lack of medical care c.cruel punishment d.accumulation of injuries-death,sbi
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1.child<16 2.person commits if child a.in presence of or b.on premises where found or c.in vehicle with 3.person manufactures or posses with intent
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Parent or guardian having care or custody 1.knowingly allows child a.present at b.reside at c.in vehicle 2. If p/g knows or should know another possesses or intends to manufacture meth
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CHARGING DECISIONS GET THE BEST BANG FOR YOUR BUCK
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THINK OUTCOME BASED
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WHAT OUTCOME ARE WE LOOKING FOR?????
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HEALTHY CHILDREN IN SAFE AND HEALTHY FAMILY HOMES
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WHICH REQUIRES…
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COLLABORATIVE DECISION MAKING
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LOOK, WE’VE GONE FULL CIRCLE !!! REMEMBER MULTI- DISCIPLINARY MINDSET…..
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State v. Federal Felony v. Misdemeanor Mandatory prison v. Probation
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BOND CONDITIONS SA EVALUATION COOPERATE WITH CPS PLACEMENT CONTINGENCIES
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MAKE COOPERATION WITH CPS A CONDITION OF BOND ON CRIMINAL CHARGES
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ON-GOING COMMUNICATION CPS
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SENTENCING CONSIDERATIONS 1.STANDARD V. INDIVIDUAL 2.INCARCERATION V. PROBATION 3. SPLIT SENTENCING? 4.STREET V. HALF WAY HOUSE 5.IN V. OUT-PATIENT TREATMENT 6.WAIVERS FOR COOPERATION
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PROBATION CONDITIONS 1.COOPERATE WITH CPS 2.TREATMENT WAIVERS 3.EVIDENCE OF COMPLIANCE 4.REUNIFICATION CONDITIONS
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CORRECTIONS ARE OUR LINK TO TREATMENT TREATMENT IS THE KEY TO RE- UNIFICATION
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Prosecution CPS Corrections
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CAN BE DONE WITH OR WITHOUT DRUG COURTS !!! BUT NOT WITHOUT…
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FULL PARTICIPATION BUY IN BY ALL PARTIES 1. JUDGES 2. CPS 3. LAW ENFORCEMENT 4. PROSECUTION 5. CORRECTIONS
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CULTURE OF COOPERATION 1.MULTI-DISCIPLINARY 2.ON-GOING COMMUNICATION 3.STANDARDIZED PROCEDURES 4.BUY-IN FROM ALL PARTICIPANTS 5.PEER REVIEW
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Allows us to provide some muscle to civil child protection cases
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WISH LIST….
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FAMILY DRUG COURTS 1. MULTI-JURISDICTIONAL 2. FULL SERVICE 3. ONE STOP SHOPPING
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Because of them WHY DO WE BOTHER?
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WE ARE THE VOICE FOR THE CHILDREN
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CHRISTINE O. CORKEN ASSISTANT DUBUQUE COUNTY ATTORNEY 720 CENTRAL AVE DUBUQUE, IOWA 52001 563-589-4470 COCORKEN@DBQCO.ORG
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