Presentation on theme: "FUTURE OPTION LEFT OPEN Presented by: Honorable Bryan K. Murray Magistrate and Juvenile Judge - 6 th Judicial District."— Presentation transcript:
FUTURE OPTION LEFT OPEN Presented by: Honorable Bryan K. Murray Magistrate and Juvenile Judge - 6 th Judicial District
1.Jane Doe, 13, is arrested for RUNAWAY, STEALING FOOD AND BEER, and FALSE INFORMATION TO OFFICERS. 2.Because of ID problems and not being able to contact parents, Jane Doe is placed in detention. 3.At the DETENTION HEARING the following day, no parent is present and Jane Doe reports to the court her true name and that she ran away because she was being raped by mothers’ new live-in boyfriend. 4.There is no option but to keep Jane Doe in detention. 5.A detention order is signed by the court.
6.The court orders an Idaho Juvenile Rule 16 investigation. 7.The investigation claims that mother knew of the abuse and chose to stand by her man. 8.A Child Protection case is filed and shelter care ordered. 9.The C.P. judge enters all proper finding for IV-E. 10.IV-E funding is denied to the state and Jane Doe because the detention order was the FIRST ORDER OF REMOVAL. 11.Jane Doe does not get payments for foster care, independent living, certain medical and mental health treatment, adoption or guardianship assistance benefits. Jane Doe could be un-adoptable because an adopting family can not get the assistance required for her needs.
1.Start out in detention or custody of DJC 2.Can’t return home because victim is in home 3.Parents refuse to allow to return home 4.Other possible victims in home 5.Parents have no ability to protect others 6.DJC v. H&W
1.Reasonable efforts have been made to prevent the removal of the juvenile from his/her home. 2.It is contrary to the welfare of the juvenile at this time to remain at liberty or in his/her home. 3.It is in the best interest of the child to be in detention.
The court can rely on information in police reports, petitions, affidavits, testimony, juvenile records, school records and presentation in court. It may contain hearsay information.
Efforts can include efforts made by law enforcement, probation, Health & Welfare, schools, juvenile court, and juvenile detention. (State Efforts)
1.Accountability 2.Community Protection 3.Competency Development
1.Is the child alleged to have violated the law? 2.Is the child neglected, abused, or in an unstable home? 3.These things cause criminal and behavior problems. 4.These things cause trauma in a child's life. 5.The BALANCED APPROACH justifies the findings of CONTRARY TO THE WELFARE (not to detain) and BEST INTEREST (to detain a child).
1.Detention provides accountability, accountability is good for a child. 2.Detention provides community protection and protection for the child. It can provide a save place until an intervention can take place. 3.Detention provides competency development. Detention has school, educational programs, treatment, assessments and referrals for services, food, safe living conditions, health care, and physical exercise.