Abuse & Neglect Proceedings Will Soon be Open to the General Public

*** SB 207 is lengthy and makes several changes in the current law. In order to keep this blog from growing tediously long and lose your attention, this post is only looking at SB 207's effect on presumptively opening the court to the general public in deprivation proceedings. I encourage you to read all of SB 207 located at http://www.legis.ga.gov/legis/2009_10/fulltext/sb207.htm ***

Currently in Georgia, the general public is excluded from all juvenile court cases that involve deprivation (abuse and neglect).* Although the First Amendment guarantees the right to view criminal proceedings, that right had not yet been extended to deprivation cases in juvenile court. Such is largely due to the rationale that rehabilitation and family reunification, the goals of juvenile court, are best achieved in privacy. However, beginning in January 2010, that will all change.

During the 2009 legislative session, Governor Perdue signed SB 207 into law, which will "presumptively" open deprivation hearings to the public. "Presumptively" is set off in quotation marks because it is possible to close the proceedings. However, the procedures to close hearings are not clearly defined and leave a lot to judges' subjective interpretation and discretion. For example, SB 207 allows judges to close deprivation proceedings based on a finding on the record and issue a signed order stating the reasons for closing all or part of the proceedings. This provision is leaving a lot of advocates, attorneys, and judges confused. Don't understand why? Let me illustrate the way this provision reads:

Attorney for Little Child feels that Mr. No Good's presence during the deprivation hearing
will not be in Little Child's best interest because of the information that Little Child will
share with the court. To prevent Mr. No Good from attending the deprivation hearing, a
separate hearing, that includes Mr. No Good, is required and Attorney must give the
court evidence of why Mr. No Good's presence is harmful to Little Child, (i.e. tell the court
and Mr. No Good all of the information that Attorney would like to keep from Mr. No
Good and why it would be bad if Mr. No Good heard the information.... all while Mr. No
Good is present and listening). Make sense?

Moving away from the procedures to close deprivation hearings, let me move now to the main issue that troubles me with the changes that SB 207 makes. I'm worried about children being able to learn personal, sensitive information about other children. Since deprivation hearings are now open, any parent and child at the juvenile court will be able to attend the deprivation hearing. I imagine the situation where a child that is at the court for a delinquency (criminal) charge sees another child from school and decides to check out that child's deprivation hearing. During the hearing, the delinquent child learns all about the abuse the deprived child suffered, and the degrading, disgusting things the deprived child had to do in order to survive. Then, since children are children, the delinquent child goes to school and tells everyone about everything that came out during the deprived child's hearing. Then, not only did the deprived child have to endure living the abuse and neglect all over again in the courtroom, but now the deprived child has to face the questions, taunts, bullying, and pity of his or her peers.

Now as I stated in the caveat, this post is only a very small portion of SB 207. However, I'm curious to know if I am the only one bothered by this. Critics of closed deprivation hearings believe that opening the deprivation hearings will raise accountability...many, including myself, believe that it will raise the number of safety concerns and problems. Parents, teachers, attorneys....how does this make you feel? What problems can you imagine as a result of SB 207?

*However, the general public is allowed to attend legitimation and child support hearings.

Should Juveniles be Sentence to Life without Parole?

In 2005, the United States Supreme Court ruled that sentencing a juvenile to death is cruel and unusual punishment. Today, Monday November 9, 2009, the US Supreme Court will confront whether it is also cruel and unusual punishment to sentence a juvenile to life in prison without the possibility of parole.

The two cases before the Supreme Court are Graham v. Florida and Sullivan v. Florida.

• Summary of Graham- In 2003, 16 year old Terrance Graham was charged with battery and attempted armed robbery when he struck a restaurant owner over the head with a steel bar while attempting to rob him. Graham pled guilty to the charges and was sentenced to 12 months in the county jail and 3 years of probation. Six months after his release from the county jail, Graham was arrested for a series of armed home invasion robberies. Judge Lance Day stated to Graham that, "it is apparent to the court that you have decided that this is the way you are going to live your life and that the only thing I can do now is to try to protect the community from your actions." Graham's probation was revoked and he was sentenced to life in prison.

• Summary of Sullivan- In 1989, then 13 year old Joe Sullivan was tried and convicted of beating, raping, and robbing (twice) an elderly woman in her 70's. Earlier in the day while the victim was away, Sullivan broke into her home and stole some items. After she returned home, Sullivan returned to her home, beat, rapped, and robbed her again.

Both Graham and Sullivan appealed their convictions and lost at every level of appeal. Then in 2005, the US Supreme Court ruled that the death penalty for juveniles was unconstitutional. Justice Kennedy wrote that, "When a juvenile offender commits a heinous crime, the state can exact forfeiture of some basic liberties, but the state cannot extinguish his life and potential to attain a mature understanding of his own humanity." Thus, likening life in prison without the possibility of parole to the death penalty, the lawyers for Graham and Sullivan have again appealed.

The arguments:

• Supporters of tough criminal sanctions for juveniles: Juveniles who commit the same heinous crimes as adults should be punished like adults, which can include life without parole. Juvenile offenders should be given the opportunity to rehabilitate and reform their lives for the better. However, if those efforts fail and their offenses become more violent, society is safer if those juveniles are sentenced to long term imprisonment.

• Opponents of tough criminal sanctions for juveniles: Juveniles are developmentally different from adults and their characters are still being formed. It is still possible for juvenile offenders to be rehabilitated and reform their lives before they reach adulthood. Thus, to sentence a juvenile to life without parole is to give up on the juvenile prematurely.

The facts & stats:

• Florida, Louisiana, Iowa, California, Nebraska, and South Carolina have all sentenced juveniles to life in prison for non-homicide crimes.

• It is estimated that 2,500 inmates nationwide are serving life sentences for crimes committed as juveniles; 109 of which are for non-homicide crimes.

So, should juveniles be sentenced to life without parole for non-homicide crimes? What about for homicide crimes? I have given you the background, arguments, and stats and now it's your turn to give me your opinion!

Why You Should Be An Advocate

I had a very interesting/annoying conversation with someone about child advocacy...to sum it up it with something like "Why should I worry about how other parents raise their kids? My children don't act like that, they make good grades, and I know they have a future. None of this stuff that you advocate for will effect Tristan (my son) or my children because the those laws weren't made for good kids." Let me set the record straight- yes I only have one biological child, but I have many many children...how many? All of them. The kids at the school, the community, the church, on the "Feed the Children" commercials, they are all mine. It is personally important to me that each of them have the opportunity to get an education and the ability to affect their environment, not to simply become a product of it. For me (and hopefully for you), it is not enough that 'our (biological) kids' have these opportunities, but that every child does. Now, I could pretend that chances for children to excel are at the top of every parent's priority list, but we all know that is not the truth. While I won't get into the reasons of why I believe that is so, I hope that you will still acknowledge this important truth. Why? First, it takes a community to raise a child. It is not just a saying, it is a concept proven by social research. No parent(s) has all of the resources, wisdom, patience, skill, or ability to handle every situation, the best way possible, giving 100%, to every child, every possible time. We all need help, even me, "Child Advocate #1." Thus it becomes our responsibility to offer our help to those who need it. And our children need it!!! Second, it is important that we show our children that apathy does not work and they must take responsibility for their community. This includes reaching out to others. Third, your children are not living in a bubble and will be affected by the world. If you fail to ensure that the other kids in your community are at least given the opportunity to succeed, your children will eventually be affected by that failure.

So, to wrap this up, I offer you a challenge: 1) pick at least two videos (linked below) and consider the following questions and then post your answers in the comment space below. Thanks!

1. If the child(ren) in the video continues to grow without any intervention, what will that mean for their future?


2. If your child was placed alone in a room with this child for 3 hours, what would happen?


3. How can you intervene in the lives of children in your community?

Links ***CONTAINS EXTENSIVE PROFANITY***

http://www.youtube.com/watch?v=xdAkwf6Sns8

http://www.youtube.com/watch?v=wPo-o2ZbqI8&feature=related

http://www.youtube.com/watch?v=zCDxMCoDnpI&feature=related

http://www.youtube.com/watch?v=y3Azc3AZb2Y

http://www.youtube.com/watch?v=5CQu3OmLE4E&feature=related

Introduction & Overview of the Child Protection and Public Safety Act (SB 292)

Senate Bill 292, also known as the Child Protection and Public Safety Act, was introduced by Senator Bill Hamrick at the end of the 2009 legislative session of the Georgia General Assembly. SB 292 is a complete revision to Georgia's current juvenile code. To stress the importance of this bill, the juvenile code guides how the State handles anything coming into the juvenile court system- abuse & neglect, custody, criminal charges brought against minors, truancy, runaways, fighting, and any other case that requires the juvenile court to get involved.


The current juvenile code (in Georgia) is a mess. It is not in compliance with federal laws, it is disorganized, and it does not reflect the many advances in research and practice that correlate to child development and welfare. SB 292 is a vital component to decriminalizing childhood and getting our children off of the "Schoolhouse to Jailhouse track."


SB 292 divides the proposed juvenile code into twelve articles and makes many changes to the current laws. A general overview of the articles are as follows:

• Article 1- General Provisions- Defines general words used in the code (i.e. "child," "adult," and "delinquent act,") and lays out the basic principles of the code.


• Article 2-Juvenile Court Administration- Explains the creation and administration of the juvenile courts and the processes of how judges are appointed.


• Article 3- Deprivation- Governs child neglect, abuse, and custody.


• Article 4- Termination of Parental Rights- Governs the procedures to involuntarily (forcefully) terminate a parent's custody and control over his or her child(ren).


• Article 5- Independent Living Services- Provisions for children in foster care to make sure that they receive opportunities to plan for their futures. This article also contains provisions that provide assistance to help children in foster care develop the necessary skills to start successful adult lives.


• Article 6- Children in Need of Services- (New approach) Provisions to deal with children that commit "status offenses" (acts that would not be considered criminal if they were committed by an adult i.e. drinking alcohol and running away from home), children who are considered "unruly" and/or"habitually disobedient," and children whose behavior repeatedly place themselves or others in unsafe circumstances. The current Code criminalizes these behaviors and children often end up in detention or on probation. This new approach aims to address these issues by providing services to the children/families via a holistic approach.


• Article 7-Delinquency- Governs juvenile activity/behavior that would be considered criminal if the same activity/behavior were committed by adults.


• Article 8- Competency in Delinquency Cases- Governs how courts will determine whether a child is competent (has the mental ability and capacity to assist their attorneys in their defense) to participate in a delinquency hearing and how the court should proceed if a child is not competent.


• Article 9- Parental Notification- Provisions address the requirement that parents be notified when minors seek abortions.


• Article 10- Access to Hearing and Records- Governs public access to hearings and records in juvenile proceedings (making almost everything confidential).


• Article 11- Emancipation- Governs the process minors can use to act as legal adults and assume responsibility over his or her own care. Emancipation also allows minors to enter into legal contracts and releases parents from their obligations and right to their child(ren).


• Article 12- Child Advocate for the Protection of Children- Provisions establishing the Office of the Child Advocate (OCA) and its operation.

Over the next few weeks, I will go into more detail about each article of SB 292. I encourage everyone to read the blog and discuss your reactions on the blog, at the advocacy meetings in your communities, and with your legislatures. Ask questions, get answers, submit ideas. This blog is here to help. Let us turn this into a forum where we take responsibility for our children and advocate for them since they are not able to advocate for themselves. We have the opportunity to change things, and I hope we take full advantage of it.

Becoming a Child Advocate

Advocacy consists of two main sub-parts: education and action. As a child advocate, it is important that you participate in both.

Education includes educating yourself on issues and educating others. Georgia is rich in child advocacy organizations that supply an abundance of information. However, this information is only circulated among the staff of these advocacy organizations, attorneys, judges, other court staff, and social workers. The problems creeps in when all of the aforementioned sit at the table to discuss and make changes to or offer support for the laws affecting our children, families,and communities, and neither the children, families, or community members are present to voice their opinions. Thus, what ends up happening is that decisions are made about you and your family without anyone ever hearing your two cents. Sadly enough, many people have no clue about what decisions were made and what new laws are in effect until it is too late and they are standing before the judge in juvenile court. As much as I would like to say that it is the system's fault, I cannot, because the fault lies in the irresponsibility of the families' failure to educate themselves on the issues beforehand, advocate their positions, and vote on the changes they seek. I know that you have heard it before, but "education is key."

After educating yourself and others, it is necessary that you form an opinion and make your opinion known. Take action to voice your approval or disapproval for the current state of issues by contacting your legislatures. Then, if possible, focus your efforts on supporting your opinions by voting. You cannot expect others to always know or do what is best for you and your family if you have not told them. So express yourself... form a relationship with the advocates lobbying for changes and the legislatures that vote on them. These are two of the greatest actions that you can take. Furthermore, participation in the child advocacy coalition meetings around the state is almost always free and contacting your legislature can be as easy as sending an email.

Feeling overwhelmed? Don't. The entire purpose of this blog is to keep you current on all of the major child welfare issues and give you the necessary tools you need to become child advocates, if not for your children, for the children in your community. It's simple, all you have to do is : 1)educate yourself by reading this blog and gathering information at child advocacy meetings (I'll keep you updated on what's going on); 2) share that information with others; 3) form an opinion/position; and 4) voice it. Education & action, how simple it that?

Child Welfare Organization Links

http://www.childwelfare.net/ (Emory Barton Child Law & Policy Clinic)
http://www.justga.org/ (JUSTGeorgia Coalition)
http://www.georgiavoices.org/ (Voices for Georgia's Children)
www.cviog.gua.edu/childfamilypolicy/ (Carl Vinson Institute, Child & Family Policy Initiative)

General & Contact Information for Legislatures (just click the link and enter your zip code)
http://www.votesmart.org/

Upcoming Child Advocacy Events

Georgia

• (October 20, 2009) "Step Up for Kids Day": Rally & Community Listening Session on Birth to Five Issues, Rally- 10am-11:30am, Georgia State Capitol Steps, 206 Washington St., Atlanta, Georgia 30303; Public Listening Session 12pm- 1:30pm, Capitol Building Rm 230. RSVP mbinderman@georgiavoices.org ***Free Event & Free Lunch Provided
• (October 22, 2009) Periodic Screening, Diagnostic, and Treatment: 1pm-3:15pm, Emory University School of Law, North Decatur Building, Rm 155 (1st Floor), Atlanta GA 30322, http://www.childwelfare.net/

• (October 28, 2009) Senate Judiciary Hearing on the Child Protection and Public Safety Act (SB292): 1pm-5pm, 307 Coverdell Legislative Office Building, 18 Capitol Square, Atlanta, GA 30334 ***Free Event

• (November 2-4, 2009) Youth Law Conference: Crowne Plaza Perimeter NW, 6345 Powers Ferry Road, Atlanta, GA 30339, http://www.parentattorney.org/ ***Free vouchers are available for this event in exchange for volunteering to help during a part of the conference. Please contact Regina Roberts at (404) 463-5126 or roberts@gaaoc.us

• (November 7, 2009) Public Hearing to discuss proposed rules and changes designed to improve the quality of child care facilities in Georgia: 10am-1pm, Auditorium of H Building, Central Georgia Technical College, 3300 Macon, GA 31206 ***Free Event

• (November 13, 2009) Big Voice for Children Awards Dinner: 7pm, Four Seasons Hotel, 75 14th Street, Atlanta, GA 30309, http://www.georgiavoices.org/

*Please check back for new updates. Also, please email nicole.woolfork@gmail.com to add to this list.*

Zero Tolerance Policies: Sending Our Children from the Schoolhouse to the Jailhouse

Zero-tolerance school policies are discipline procedures that impose harsh, pre-determined disciplines for certain offenses. These policies were initially implemented in response to a juvenile crime wave during the late 1980's, seeking to warn students that certain behaviors would not be tolerated and thus would be punished severely, irrespective of the particular circumstances.
Presently, government and school officials are increasingly implementing vague, expansive zero-tolerance policies as a speedy, uniform approach to student misconduct. Currently, at least one component of a zero-tolerance policy is in place in over 80 percent of schools nationwide. These actions are largely in response to the growing public concern aimed at addressing the perceived threat of increasing school violence. Interestingly enough, however, data negates any perception of an increase in school violence, and indicates that violent crimes against students between the ages of 12 and 18 actually decreased by 50 percent between 1992 and 2002. In addition, statistics reveal less than a 1 to 1.7 million chance of a student dying as a result of a school homicide. Despite the data contrary to the public's overwhelming fear of school related violence, several school districts nationwide have expanded the Guns Free School Act's zero tolerance firearm policy (one of the original national zero tolerance campaigns) to include removal for possessing any items that could be perceived as a potentially dangerous weapon, drug possession/usage, gang membership, and other vague offenses such as committing serious offenses on school grounds. Thus, seemingly trivial behavior, like disrupting a class or being disrespectful to a teacher, despite not being either violent or dangerous, has become grounds for permanent expulsion and referral to the juvenile justice court system.
Need a clearer understanding of the devastation zero-tolerance policies are causing? Consider the following:

• A 6 yr old was suspended and is facing 45 days in a reform school for bringing his new Cub Scout camping utensil to school to use at lunch. (Newark, Delaware 2009)
• A 10 yr old girl was suspended under her school district's "zero-tolerance sexual harassment policy" after she repeatedly asked a boy if he liked her. (Thornton, Colorado 1997)
• A high school junior was expelled after a school security guard found a bread knife in the bed of his pick-up truck. The knife was accidentally left in the truck after the teen had helped his father take his grandmother's linens, books, and kitchenware to the local charity thrift shop. (Bedford, Texas).
• An 8 yr old was suspended for pointing a chicken finger at a teacher and saying "pow pow." (Jonesboro, Arkansas)

Zero-tolerance policies are removing our children from schools and preparing them for the adult prison system. Now that you know the facts, what are you prepared to do about it?