Well-being of Children Central to Courts’ Mission, Expert Panel Says

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The nation’s juvenile and family courts need to lower walls that have blocked the sharing of data that is key for to marshaling a child through state agencies and the justice system, according to a gathering of court experts Thursday. If the courts fail, a child’s mental, physical and emotional well-being could be damaged, according to a series of measures and recommendations put forth by the panel to guide judges and courts in handling youth in the system. “The days of sitting in your office creating your own [data] system without input from others – those days are gone,” said Sandra Moore, head of Pennsylvania’s Office of Children and Families in the Court. “We just can’t function that way anymore…The court system needs to be able to talk to the child welfare system.”

Courts Have Had Some Success

Over the years, judges and the courts have had success pushing forward the conversation on the safety of state wards and foster children, as well as dealing with matters like visitation and permanent placement, the panelists said. “The problem is, with well-being, frankly we weren’t sure how effective the courts would be,” said Gene Flango, executive director at the National Center for State Courts.

bullying kids

A Q&A With Child Advocate Judge Gail Garinger About Bullying

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Leonard Witt, executive director of the Center for Sustainable Journalism and publisher of Youth Today and the Juvenile Justice Information Exchange recently spoke with Judge Gail Garinger while at a symposium hosted by the John Jay College of Criminal Justice. Garinger is now Child Advocate for the Commonwealth of Massachusetts. LEONARD WITT: You talked about the idea of bullying – and it’s on everybody’s mind right now – and you’re a little bit worried the legislators are going to over-react. Can you talk about that a little bit? JUDGE GAIL GARINGER: As you mentioned, I’m from Massachusetts, and what we saw in Massachusetts was a very tragic situation involving a suicide of a young woman who had been continually bullied in the school.

lgbt teens

California Could Become First State to Ban Homosexual Conversion Therapy for Teens

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If passed, a California law will make it the first state in the nation to ban controversial therapy aimed at turning gay and lesbian teens straight. State Sen. Ted Lieu (D-Torrance), sponsor of the bill, said the so-called reparative therapy wrongly treats homosexuality as a disease and can be harmful to minors. “Some therapists are taking advantage of vulnerable people by pushing dangerous sexual orientation-change efforts,” Lieu told the state’s Senate Judiciary Committee last week. “These non-scientific efforts have led in some cases to patients later committing suicide, as well as severe mental and physical anguish.”

As it’s written, SB 1172 would ban juveniles under the age of 18 from undergoing “sexual orientation change efforts” (SOCE) and require adults considering treatment to sign consent forms stating they understand the therapy has no medical basis and the potential dangers. The bill has already passed two Senate policy committees and is due for a vote on the Senate floor, liking within the next month.

kids nutrition

Budget Cuts Could Leave 22 Million Children Without Food Stamps

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Some 22 million children who depend on the federal nutrition assistance program that replaced food stamps could lose their benefits under a 2013 budget resolution recently approved by the House Agricultural Committee. The budget, approved in April, would cut more than $33 billion over the next 10 years from the Supplemental Nutrition Assistance Program (SNAP). Approximately one third of the proposed cuts are directed at “categorical eligibility” restrictions that could leave as many as two million people per year ineligible for SNAP benefits. The proposed bill would also eliminate more than 250,000 children from automatic enrollment in the Free School Lunch and Breakfast Program. Their benefits could vanish as early as this year if the budget is passed.

Jewish summer camp

Non-profits in Pennsylvania Could Lose Tax-Exempt Status

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Last month, the Pennsylvania Supreme Court decided that a Pike County Jewish summer camp was no longer eligible for tax-exempt status in a ruling that could affect non-profit organizations throughout the state. In a narrow 4-3 decision, the state's Supreme Court ruled the summer camp, operated by Mesivtah Eitz Chaim of Bobov, Inc., did not meet the HUP Test, a series of qualifications, established in the court's previous ruling in Hospital Utilization Project v. Commonwealth 1985, used to determine if an organization is a “purely public charity.” Only organizations meeting the standard are given tax-exempt status by the state. The state's Supreme Court ruled the summer camp did not meet one part of the HUP Test, “relieving the government of some of its burden.”

The camp’s organizers, however, argued Act 55, a 1997 state law that includes a broader definition of a public charity, took precedence over the earlier HUP Test. But the Court dismissed this, ruling the state’s General Assembly could not interpret the Constitution and redefine the meaning of a “purely public charity.”

Stuart L. Knade, chief counsel for the Pennsylvania School Boards Association, told the Pittsburgh Post-Gazette he supported the court’s decision. “People who are students of this area of the law are going to continue to enforce a higher bar to tax exemption,” he said.

Laws Sending Kids to Adult Court at Issue in New Jersey High Court

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Tuesday, the New Jersey Supreme Court considered the constitutionality of the state’s so-called juvenile waiver laws – a series of rulings that effectively allow county persecutors, and not state judges, to determine whether juvenile cases should be moved to adult courts. Currently, minors as young as 16 accused of a violent offense, such as homicide or aggravated assault, can be transferred to adult court under the state’s waiver laws, according to New Jersey’s The Record. More than 20 local and national organizations, including the American Civil Liberties Union and the state’s Public Defender’s Office, have challenged New Jersey’s juvenile waiver laws, with many arguing that the regulations – which give judges limited ability to deny prosecutor requests for moving cases to adult courts – are unconstitutional. As the laws are written today, unless a defense attorney can demonstrate a prosecutor’s request that a juvenile be transferred to an adult court is a “patent abuse of discretion,” the presiding juvenile court judge is bound by law to grant the request, The Record reports. Tuesday’s hearing centers on a 2009 Middlesex County mugging involving several juveniles – a case in which the trial judge challenged the prosecuting attorney’s request to move the case to adult court.

the Capitol Building in Washington DC

Juvenile Justice Aid Faces More Cuts in New Federal Spending Plans

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Federal funding for state and local juvenile justice programs seems likely to take another big hit as Congress continues to slash federal "discretionary" spending. The Republican-controlled House committee that appropriates money for the Justice Department today issued its proposal for the fiscal year starting Oct. 1. It would cut juvenile justice funding to $209 million--a figure that stood at $424 million in fiscal year 2010. Federal aid for juvenile justice already had fallen more than 50 percent to its lowest level in more than a decade, says the Coalition for Juvenile Justice, which represents state advisory committees in Washington, D.C. The coalition is asking Congress for $80 million for "formula grants" that helps states comply with mandates in a key 1974 juvenile crime law, such as separating juvenile and adult defendants in jail and keeping minor offenders out of custody.

Across the Nation, State Legislatures Focused on Children in 2012

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State legislatures across the United States have been busy this year with youth and juvenile justice-related legislation. While there have been some failures, such as the last-minute death in the Georgia General Assembly of a comprehensive juvenile code rewrite — a bill that many feared county governments couldn’t afford — other states are working on or have managed to pass significant measures. A few of them are noted below. Perhaps one of the biggest efforts is in California where Gov. Jerry Brown has announced plans to close all of his state’s remaining juvenile detention centers, transferring responsibility for the youth detained there to county parole departments and effectively eliminating the state’s Department of Juvenile Justice (DJJ). Consequently, most juveniles in the system would be referred to rehabilitation programs in their home communities.

Ohio Juvenile Sex Offender Ruling Spotlights National Policy

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Juvenile sex offenders in Ohio will no longer be required to register as sex offenders for life, the state’s Supreme Court ruled last week. The 5-2 decision ruled the lifetime requirement is cruel and unusual punishment, reigniting a national debate on how young people convicted of certain sexual offenses should fare under the criminal justice system. The majority opinion found certain parts of the Ohio Adam Walsh Act enacted in 2008 unconstitutional. Many states expanded laws pertaining to juvenile sex offenders following federal legislation in 2006 that sought to standardize how young sex offenders were classified and registered across the nation. “Registration and notification requirements frustrate two of the fundamental elements of juvenile rehabilitation: confidentiality and the avoidance of stigma,” Ohio Justice Paul Pfiefer wrote in the court’s majority opinion.

Georgia Governor Signs Law Making Synthetic Marijuana Illegal in State

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Last week, Georgia’s Governor, Republican Nathan Deal, signed into law a new bill that makes all forms of synthetic marijuana illegal within the state, The Atlanta Journal-Constitution reports. Under the new law, synthetic marijuana substances, commonly referred to as Spice orK2, are considered Schedule I drugs, making their possession and sale a crime punishable by up to 15 years in prison. Deal said he applauds the Georgia Bureau of Investigation (GBI) and the Georgia General Assembly for quickly putting the legislation together, calling the passage of the law “a pressing need” for the state. “These synthetic substances pose an enormous risk to our public safety,” Deal said shortly after signing the law. "As the usage has dramatically increased, instances of violence, bodily harm and even death have risen with it.”

Georgia Bureau of Investigation Director Vernon Keenan told reporters the GBI is currently instructing law enforcement officials to notify local retailers that synthetic marijuana substances are illegal, urging them to destroy the products under officer supervision.