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Prosecuting a DEC Case Outside of Drug Court…… You mean I have to work with THEM!!!!

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Presentation on theme: "Prosecuting a DEC Case Outside of Drug Court…… You mean I have to work with THEM!!!!"— Presentation transcript:

1 Prosecuting a DEC Case Outside of Drug Court…… You mean I have to work with THEM!!!!

2 THE ROLE OF THE CRIMINAL JUSTICE SYSTEM IN THE PROTECTION OF DRUG ENDANGERED CHILDREN

3 MONEY MUST NEVER DRIVE THIS TRAIN…… IT SHOULD BE HOW WE DO OUR JOBS

4 Successful prosecution of DEC cases requires multi-disciplinary work… At every stage of the proceeding

5 MULTI- DISCIPLINARY WORK MEANS……

6 MULTI- DISCIPLINARY MINDSET

7 Sharing Information + Sharing Duties + Common Goal = Protection of Children

8 So… Theory practice CULTURE

9 CONUNDRUM OF CONFIDENTIALITY REALITY V. MYTHOLOGY

10 KNOW THE DIFFERENCE

11 CREATION OF WRITTEN PROTOCOLS  Medical  CPS  Law Enforcement

12 IN HOUSE TRAINING

13  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

14 CRIMINAL STATUTES NEED TO ACCURATELY REFLECT CURRENT MEDICAL RESEARCH

15 DATA COLLECTION BECOMES A KEY FACTOR 1. RESEARCH 2. STATUTORY CONSTRUCTION

16 CRIMINAL STATUTES

17 C.R.S.18-6-401 Colorado Child Abuse Statutes

18 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

19 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

20 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

21 CHARGING DECISIONS GET THE BEST BANG FOR YOUR BUCK

22 THINK OUTCOME BASED

23 WHAT OUTCOME ARE WE LOOKING FOR?????

24 HEALTHY CHILDREN IN SAFE AND HEALTHY FAMILY HOMES

25 WHICH REQUIRES…

26 COLLABORATIVE DECISION MAKING

27 LOOK, WE’VE GONE FULL CIRCLE !!! REMEMBER MULTI- DISCIPLINARY MINDSET…..

28 State v. Federal Felony v. Misdemeanor Mandatory prison v. Probation

29 BOND CONDITIONS SA EVALUATION COOPERATE WITH CPS PLACEMENT CONTINGENCIES

30 MAKE COOPERATION WITH CPS A CONDITION OF BOND ON CRIMINAL CHARGES

31 ON-GOING COMMUNICATION CPS

32 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

33 PROBATION CONDITIONS 1.COOPERATE WITH CPS 2.TREATMENT WAIVERS 3.EVIDENCE OF COMPLIANCE 4.REUNIFICATION CONDITIONS

34 CORRECTIONS ARE OUR LINK TO TREATMENT TREATMENT IS THE KEY TO RE- UNIFICATION

35 Prosecution CPS Corrections

36 CAN BE DONE WITH OR WITHOUT DRUG COURTS !!! BUT NOT WITHOUT…

37 FULL PARTICIPATION BUY IN BY ALL PARTIES 1. JUDGES 2. CPS 3. LAW ENFORCEMENT 4. PROSECUTION 5. CORRECTIONS

38 CULTURE OF COOPERATION 1.MULTI-DISCIPLINARY 2.ON-GOING COMMUNICATION 3.STANDARDIZED PROCEDURES 4.BUY-IN FROM ALL PARTICIPANTS 5.PEER REVIEW

39 Allows us to provide some muscle to civil child protection cases

40 WISH LIST….

41 FAMILY DRUG COURTS 1. MULTI-JURISDICTIONAL 2. FULL SERVICE 3. ONE STOP SHOPPING

42 Because of them WHY DO WE BOTHER?

43 WE ARE THE VOICE FOR THE CHILDREN

44 CHRISTINE O. CORKEN ASSISTANT DUBUQUE COUNTY ATTORNEY 720 CENTRAL AVE DUBUQUE, IOWA 52001 563-589-4470 COCORKEN@DBQCO.ORG


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