Topic: Assessing Cases for Youth Court

Question: How does your  program determine what type of cases are appropriate for youth court, and which would be better handled another way?

Responses from Coordinators:

In Texas, we have legislation that determines the cases that come to Teen Court. They are mostly Class C misdemeanors. Teen Court is seen as a "first offender" type of program. We do not accept repeat offenders in Teen Court, or ones that have been up to the county on more serious charges. Screening them out can be a challenge sometimes.

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Barbara Jacobson
Coordinator
Dakota County Peer Court
Dakota County Attorney's Office
1560 Highway 55
Hastings, MN 55033
Phone: (651) 438-8368
Fax: (651) 438-4499
Barb.Jacobson@CO.DAKOTA.MN.US

In our office we have several diversion programs but different people coordinate the different types of diversions. We have guidelines for every program but the determination of which program the offender is referred to is mainly through the type of offense committed. However, in some cases an offender is given a choice between two programs such as Peer Court or the Property Offender's Program (with an offense such as shoplifting, for example). In other cases there is only one option such as in our tobacco, alcohol/marijuana, and fire setter education programs for instance.

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Bob Turner
Sampson County Teen Court
369 Rowan Road
Clinton, NC 28328
Phone: (910) 592-7161
sampsonteencourt@yahoo.com

When you are in a county that has multiple diversion programs, many times the intake counselor will choose which program they feel is most beneficial to the juvenile, although there are few guidelines in place.  Where I'm at, I get ALL first-time offenders who have admitted guilt.  Now, this is only my third year in existence and in the beginning, it wasn't that easy. It was almost like I had to show the county this program was legit before I started seeing large amounts of referrals. In the last two years, I have become close with my intake counselor and we talk several times a week. (That doesn't hurt your numbers either!) If you're not getting enough referrals then invite your intake person to a session and show them what you do...it worked for me. If I were you, I would stay on top of your counselor, in the hopes of gaining more referrals. But, at this time, the guidelines are minimal for them and they can pretty much do as they see fit.

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Carolyn Peterson
Administrator, Juvenile Diversion Program
Kootenai County Youth Court
Kootenai County Youth Court
PO Box 9000
Coeur d'Alene, ID 83816-9000
Phone: (208) 769-4458
Fax: (208) 769-4474
cpeterson@co.kootenai.id.us

In Kootenai County we have a staffing committee in charge of making those decisions. The committee consists of the Deputy Prosecuting Attorney in charge of juvenile cases, the Administrator for Juvenile Diversion and the Chief Probation Officer. Input is received through the school resources officers who also attend the meeting but do not sign off on the cases. Our decisions are based upon prior record, the type of offenses and the recommendations of those at the meeting.

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Deb Holland
Project Coordinator
Ontario County Youth Court
The Partnership for Ontario Co., Inc.
3088 County Complex Drive
Canandaigua, NY 14424
Phone: (716) 396-4519
Fax: (716) 396-8821
deb.holland@co.ontario.ny.us

Keeping in mind that YC is for first-time offenders who agree to the YC option, other criteria involved are sorted out before hand with advisory board and referral sources. These include types of offenses YC will hear, how will the offender benefit from YC experience and whether or not the offender has parental support to help them complete their sentence (i.e., transportation to CS, counseling, classes, etc.). Sounds like it would be good to sit down with your advisory committee and the intake person to create some criteria for YC referrals.

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Debbi Davis
Teen Court Coordinator
Brevard County Teen Court
Office of the State Attorney, 18th Circuit
2725 Judge Fran Jamieson Way, Bldg. D
Viera, FL 32940
Phone: (321) 617-7294
Fax: (321) 617-7511
ddavis@statty18.brevard.fl.us

I have attached the criteria we use for our 3 diversion programs: Peer Court, Teen Court and the Community Arbitration Program. We view these programs and their corresponding criteria as a continuum of prosecution. I'm glad to answer any questions specific courts may have.

Eligibility Criteria by Program

NOTE: If a juvenile has successfully completed Teen or Peer Court and reoffends, he/she can participate in Arbitration if that program’s criteria is met.

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Eduardo Cue
ecue@cadasb.org

In our area, the agency that makes referrals to the multiple diversion programs is the County of Santa Barbara, Juvenile Probation. Their decision as to which diversion program to send clients is based on the findings of an intake assessment and the boundaries of the law related for the alleged offense.

Peer Review is restricted to first time misdemeanor offenses. The client must admit responsibility to the offense, and comply to the terms and conditions of the sentence imposed by a jury of peers. Tobacco, curfew and skateboard offenses are referred to violator programs that address these issues. In Santa Barbara, these are provided by Teen Court staff, but are not Peer Review cases.

Individuals that are assessed with greater risk issues associated with anger, alcohol, and drugs, are referred to respective intensive counseling programs addressing these respective symptoms. We have established memorandums of understanding with other diversion programs to include their services as part of Teen Court sentencing options.

This does not mean that youth experiencing problems with anger, alcohol, and drugs are excluded from Peer Review. Probation will consider placing youth they have assessed with greater risk factors on informal or formal probation, and place them in six month or one year treatment programs under their supervision.

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Erin Schellhardt
Youth Court Coordinator
Johnson County Youth Court
Johnson County Court Services
1255 East 119th Street
Olathe, KS 66061
Phone: (913) 324-6965
Fax: (913) 782-3297
erin.schellhardt@jocoks.com

Our District Attorney's office makes the decision regarding whether the case goes to Youth Court, Diversion, or Drug Court. In order for a case to be Youth Court eligible, it must be a first offense, a misdemeanor, no major bodily injury (we do hear battery cases), no drug and/or alcohol related charges. In addition, most "major" theft charges still considered misdemeanor in nature go to diversion. In addition, cases that were previously "no charged" in our district (skateboarding, codes violations or city ordinance violations, cases that may be difficult to prosecute based on a lack of evidence) are now being referred to Youth Court.

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Gwen Vieau
Business & Program Director
Orange County Juvenile Peer Court
Constitutional Rights Foundation of Orange Co.
17875 Von Karman., Suite 100
Irvine, CA 92614
Phone: (949) 440-6757
Fax: (949) 440-6710
gvieau@crfoc.com

Fortunately, our county probation department makes these decisions. They are the agency that refers all of our Peer Court cases. They have an array of choices for referrals. At the intake interview is when they assess the needs of the family & the interviewing officer makes the call as to which is most appropriate depending various factors (first offender, type of offense, substance abuse problems, parental guidance, etc.).

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Isadora Asch
Napa County Juvenile Probation
2350 Old Sonoma Road
Napa, CA 94559
Phone: (707) 253-6080
Fax: (707) 253-6098
Iasch@co.napa.ca.us

The Napa County Program is a small one, and there are also several diversion programs here through Juvenile Probation. This year Peer Court defendants are going to be referred to PC and to a juvenile probation diversion officer, with the stipulation that probation will step in only if the defendant becomes consistently non-compliant. The defendant has to be a first time offender, low-level crime, willing to admit guilt and have at least one adult family member that can support him or her through the PC process. We look for minors who are doing relatively well in the rest of their lives ( and I use the term relatively in an expansive way!) and need only a low level intervention program. We look for minors who do not have a runaway history or are currently deemed "out of control" for family conflict, drugs/alcohol, chronic truancy. There seem to be fewer and fewer of these types of "true" Peer Court candidates, hence the assignment of a juvenile diversion officer to the case, which will allow PC to take some "tougher" kids with that extra leverage.

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Jason Holthus
Teen Court Coordinator
Alachua County Teen Court
Alachua Co. Sheriff's Office
P.O. Box 1210
Gainesville, FL 32608
Phone: (352) 367-4125
Fax: (352) 374-1809
jholthus@po.alachuasheriff.org

The State Attorney's Office, Eighth Judicial Circuit is responsible for deciding where a particular case is referred in our area. I would like to think that because of our positive reputation in this community that we are the diversionary program of choice.

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Jennifer Strutz
Program Coordinator
Stayton Sublimity Youth Peer Court
362 N. Third Avenue
Stayton, OR 97383
Phone: (503) 769-5749
Fax: (503) 769-7573
Jastrutz@aol.com

Our cases are referred from our county juvenile department. They have a 24-hour team of probation officers that review all new referrals to the juvenile department. They determine the diversion, detention and court cases for each referral. Referrals go out to peer courts if they are first time offenders, ages 12-17 that have committed crimes stated within the MOU between juvenile department and peer court.

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John Vanilla
Teen Court Coordinator
Nineteenth Judicial Circuit Teen Court
218 South 2nd Street
Ft. Pierce, FL 32950
Phone: (561) 785-5801
Fax: (561) 785-5803
johnv@co.st-lucie.fl.us

The nineteenth judicial circuit runs 2 diversion programs that deal with essentially the same defendant population (minor non violent misdemeanor violations-usually committed by first time offenders). The state attorney's office and department of juvenile justice that approves and refers each case may request what program the child attends, however final selection remain with the 19th judicial circuit the runs both diversion programs.

Our teen court program is traditional in style, with a strong emphasis on education. Several school classes may attend a hearing and the room may be filled with jurors, teen attorneys and observers. The other diversion program, delinquency diversion panels, are held in a hearing room with the defendant and his/her family and adult volunteer panel members and the coordinator of the program. Several factors are important in determining which defendant goes where:

• Age: Many younger children may find teen court rather intimidating. Although there is no set age, children under 10 years are more likely to go to delinquency diversion panels.
• Offense: Drug offenses, lewd and lascivious are usually sent to delinquency diversion panels.
• Parent's Request: Sometimes parents wish that the child go into one program over another for various reasons. Most parents of first time offenders try to resolve the situation in the child's best interest.
• Defendant's attitude: Since teen court and delinquency diversion are essentially sanction hearings, the defendant must admit guilt prior to entering either program. Teen court requires a contract to be signed by the defendant at an initial screening interview, prior to his/her case actually being presented in the sanctions trial.
• Sensitive screening information: If information supplied to the 19th circuit indicates that the defendant has some sensitive issues (examples- psychological evaluations, medication issues or diagnosis, victim of violent crime or rape) the case will be sent to the more discrete delinquency diversion panel program.

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Laurie Peterson
Youth Court Program Coordinator
Cattaraugus County Youth Court
100 Main Street, Suite 1
Salamanca, NY 14779
Phone: (716) 945-5392
Fax: (716) 945-1296
laurpe@sal.cattco.org

Our county has a "Juvenile Needs Task Force" (comprised of reps from Probation, DSS, Youth Bureau, etc.) that meets weekly to evaluate each case individually and determine which diversion program, if any, to refer it to.

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Leslie Comeaux
Teen Court Coordinator
Keller, Halton City, Watauga Teen Court
7101 Whitley Road
Watauga, TX 76148
Phone: (817) 514-5823
Fax: (817) 281-1191
Lcomeaux47@hotmail.com

I don't think there are any guidelines. You set up certain programs for certain offenses and also certain ages. The younger kids 10-13 really are not appropriate for community service so most of them go to a 12-hour program in lieu of CS hours. The Tobacco/Alcohol cases go to awareness classes and do CS hours. It is just a matter of what you have available in your area for the Teens.

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Lisa Albert-Konecky
Program Coordinator
Mat-Su Youth Court
290 E. Herning Ave
Wasilla, AK 99654
Phone: (907) 373-9045
Fax: (907) 373-9075
msyc@ci.wasilla.ak.us

I guess the first, most important thing is that the Intake person be knowledgeable about the diversion programs available in the area. That would include site visits to know the process of the program, from beginning to the end, to better be able to make good judgments as to which clients go to what program. Find out the criteria each program has for accepting clients and always make phone calls if not sure. The client and family should have a say as far as what fits their situation (expense, transportation limitations, work, school, etc.). The Intake person should be someone who can be flexible enough to work with clients, program staff, and whoever else has input on where the client will go.

Since my area only has one diversion program (youth court) for first time offenders, there are fewer decisions to make. We adjust our program to our offenders, such as if the offender is older, than we try to have older student attorneys and judges, to make the "peers judging peers" fit.

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Marian Irvin
Teen Court Coordinator
Flagler County Teen Court
c/o Clerk's Office
201 East Moody Blvd., Room 138
P.O. Box 787
Bunnell, FL 32110
Phone: (386) 437-7407
Fax: (386) 586-2116
mirvin@clerk.co.flagler.fl.us

Our Juvenile Prosecutor determines how cases are diverted, or rather where they are diverted.  Currently Teen Court is the only diversion program available in my area.

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Monica Bogner-Jensen
Dakota Co. Attorney Office
1560 Hwy 55
Hastings, MN 55033
Phone: (651) 438-4440
Fax: (651) 438-4500
monica.jensen@co.dakota.mn.us

We offer many juvenile diversion programs for alcohol, marijuana, property crimes, tobacco, fire setting and Peer Court, each with their own guidelines that we follow. For instance, a juvenile receives a shoplifting and tobacco citation. Tobacco is considered a less sever charge and they would be eligible for diversion on the shoplifting charge. However, if we have a shoplifting charge and a minor consumption, they would be considered of equal severity and would have to go to court. The judge can always court order them back into the program. Tobacco and curfew charges would not make a juvenile ineligible for another diversion. Otherwise, two charges of equal severity would make them ineligible.

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Patrick Quilinan
Coordinator
Village of Lincolnshire Peer Jury
Lincolnshire Police Department
One Olde Half Day Road
Lincolnshire, IL 60069
Phone: (847) 883-9900
Fax: (847) 883-9909
Pquill@village.lincolnshire.il.us

We try to spread them out between the two or three we have. Sometimes one site will be full so we then go to the next one in line. Not very scientific but it seems to works for us. Exception to the rule is a special assignment-we had a kid goofing with 911 calls and he had to do a shift in the dispatch center to observe the results of distracting police resources from real calls-worked out well.

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Rosalyn Trumm
Teen Court Coordinator
Sarpy County Teen Court
1257 Golden Gate Dr., #11W
Papillion, NE 68046
Phone: (402) 593-2207
Fax: (402) 593-2212
rosalynt@sarpy.com

In Sarpy County our teen court is part of the diversion program. Originally the criteria was for all true first offenses to be referred to teen court with the exception of weapons charges, serious assaults, and drug charges. During the initial interview for teen court there are still cases that are determined to be inappropriate. Cases that I determine to definitely not be appropriate are the following:

• Youths who have had prior charges in another county and have either gone to court or through another diversion program. (If they were cited for an offense but only received a warning letter from the county attorney, they can go to teen court.)
• Teens who are seriously depressed or suicidal. I will not take the chance that positive peer pressure would be interpreted by the individual in a negative manner and result in that person becoming more depressed or injure themselves.
• Teens who have a serious drug or alcohol problem that warrants inpatient or outpatient treatment.

There are always situations that arise that don't fit into one of the above categories. For example, a 13-year-old girl had been raped and had to testify at the rape trial in one of the adult courtrooms, which is also used for the teen court hearings. She testified just a few weeks before she would have gone to teen court. The rape hearing and testifying was a very traumatic for her. As a result, I was very concerned about her being called to the witness stand in teen court and being reminded of the rape hearing. I told the teen and her mother my concerns and they were greatly relieved when I indicated it would emotionally easier for her to go through the regular diversion program.

Cases that are not appropriate for teen court are staffed and a decision is made about the appropriateness of sending them through the regular diversion program or sending the file back to the County Attorney for filing in court.  At times there may be too many cases for teen court with the regular diversion officers not getting enough cases to keep busy. At such times, there needs to be some shifting of borderline cases.

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Sharon Leon
Executive Director
Anchorage Youth Court
PO Box 102735
Anchorage, AK 99510
Phone: (907) 274-5986
Fax: (907 272-0491
edleon@alaska.net

It would seem in the situation you cited that by referring all appropriate cases to the youth court, rather than to separate diversion programs, the intake person could save a lot of his/her time and generate additional successful outcomes.

Although I can't speak for Juvenile Intake, who refers cases to Anchorage Youth Court, the cases we receive are early juvenile offenders who the intake officer feels do not pose a threat to themselves or to the community. Referrals include 9-12 year old youth, not yet in grades 7 for the new AYC Pre-Court, and those 12-18 in grades 7-12 for the regular Anchorage Youth Court. By referring these cases to youth court, the intake officer gains relief from assigning consequences and from the follow-up, unless the offender does not complete the sentence, which rarely happens. In this scenario the youth court deals with the offenders, the diversion programs and returns all completed forms to the referring officer, who can then mark the case as successfully completed.

AYC judges sentence each offender to the appropriate diversion programs as a part of the sentence during a hearing. Some of the diversion programs include the following:

• Juvenile Anti-Shoplifting program
• Property Theft Crimes class
• Skills for Life classes - 6 different classes that include career counseling, job hunting skills, interviewing and resume writing; finance management, living on your own and parenting, and communication
• Anger Management classes
• Defensive Driving
• Diversity Awareness
• Drug/Alcohol assessment and follow through
• Fire Stoppers, a prevention program (recently suspended due to reduced fire dept. funding. We hope it is soon reinstated.)
• Jail tour
• Parent/Adolescent Mediation
• Personal development classes, including Start Smart and Stay Smart, Street Smarts, Smart Girls
• Victim Impact classes
• Victim/Offender Mediation
• Weapons Safety class
• Others may be used depending upon the person, the offense, the crime and the individual characteristics of the case.

Here intake officers do send otherwise appropriate cases to these and other diversion programs, if the young person would probably not be able to succeed in AYC due to a family situation or some other reason of which they may be aware.

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