DIVERSION AND
COURT ALTERNATIVE SERVICES
Informal adjustments and diversion programs are appropriate for
complaints filed by law enforcement or other individuals in which
the juvenile is alleged to have committed a delinquent act which is
not of a serious nature, or has been alleged to have committed an
unruly act, but appears to be amenable to informal handling.
Program data for 2011, indicates there were over 600 cases referred
for informal processing and screening and more than 200 informal
contracts were initiated and monitored for a period 90-180
days.
The Screening
Process
Delinquent and unruly complaints referred to Diversion
Services are screened towards first seeking an informal adjustment
of the matter where it is in the best interest of the child and the
community. The juvenile complaint is examined to determine if the
child is eligible for an informal adjustment/diversion, and/or
mediation based on the totality of the child's circumstances, which
may include, but are not limited to, age at the time of offense,
nature of the delinquent act, ability of parents to correct the
child, resources available in the community to provide treatment
without need for formal court supervision, parent's ability to
provide treatment for their own child, correction or discipline
already provided by the parent and/or school system, the remorse of
the child and parent's understanding of child's need for
correction, and to avoid overburdening the juvenile court and
probation with cases that can be handled informally. After
contemplating the above mentioned factors, the child's disposition
may result in a decision to recommend dismissal, to make a referral
to another agency for services, to informally adjust the case, to
file a petition, or to take other appropriate action.
Meeting the
Criteria
In order to qualify for an informal adjustment the
following must take place: the admitted facts must bring the child
within the jurisdiction of the court, it must be determined that
counsel and advice without an adjudication would be in the best
interest of the public and the child, the child and the child's
parents, guardians, or other custodian must consent to the informal
adjustment with knowledge that consent is not obligatory, and if
the child is alleged to have committed a designated felony act as
defined in O.C.G.A. §15-11-63, the case shall not be subject to
informal adjustment, counsel, or advice without the prior written
notification of the district attorney or his or her authorized
representative.
Informal
Adjustment Agreement
If it is determined that the child shall be placed on an
informal adjustment agreement, the agreement will be monitored by a
juvenile court officer for a period not to exceed three months from
the day of the informal hearing at which the counsel and advice was
commenced. The court may extend the informal contract for a period
not to exceed an additional three months. Conditions of the
informal adjustment agreement may include but are not limited to:
letters of apology, essays, reports, study log, volunteer work with
a community service organization, counseling (e.g., individual,
group, anger management, grief and loss, substance abuse), random
alcohol/drug screening, parent/child participation in a court
sponsored program and/or activity, supervision fee, ankle monitor,
curfew, and house confinement. Failure to comply with the agreement
may result in the filing of a petition on the complaint.
PROGRAM
DEVELOPMENT AND SERVICES
The Program Services staff coordinates programming that is
delivered to youth who come to the attention of the Juvenile Court.
Youth on probation, as well as, those who are supervised under an
informal contract are referred to these programs by their
supervising court officers. First-time offenders are sometimes
given an opportunity to have their charge dismissed by completing a
program or workshop.
Through a cooperative agreement entered into by the school
system, local police departments, other interested agencies and the
Juvenile Court, School Resource Officers can refer students to the
Conflict Resolution Workshop for certain "focused acts" without
filing a complaint for the delinquent act. The goal is to expose
the students to information that can help them avoid further
conflict. In addition, school principals can use the first two
outreach programs listed below as an alternative to out of school
suspension.
Most programs offered by the Juvenile Court require parental
participation, which empowers the parent to reinforce the
information at home, thereby increasing the court's effectiveness
with their children. The first three programs listed below are open
to the public and parents can bring their children at their
discretion.
The goal of the Programs Unit is to develop quality programming
that is both cost effective and specific to the needs of the
children. The providers for these services include both court
personnel and community agencies.
How Quality is defined:
- Meeting the need of Juveniles, their families;
- Being based in research with proven effectiveness;
- Validating results of our programs through multiple and
accurate evalutions; and
- Communicating effectively with other agencies and partners in
the community.
Our guiding principles:
- Making a positive difference in the lives of the juveniles we
serve;
- Being partners with the school district, communities and
families we serve;
- Achieving measurable results from programs we use on behalf of
the court;
- Ensuring that every programs team member has a great place to
work by fostering a culture of professionalism and respect;
and
- Building our future on sound programming management practices
and striving for excellence in every aspect of our work.
OUTREACH PROGRAMS
The three programs listed below are available to the
general public.
Project
HIP: is a collaborative effort between Hearts to Nourish
Hope, the Riverdale Police Department, and the Juvenile Court. This
program gives youth a true picture of prison and gang life as told
by young adults, provides interactive panels for parents and teens
with school personnel, law enforcement and community service
providers as well as offers opportunities for making community
connections to resources that may be helpful for participants and
their families. This program is held one Wednesday a month from
6:30 to 8:30 pm.
Conflict Resolution:
addresses problem solving and conflict resolution strategies
whether the conflict is in a classroom, at home, or results from an
on-going emotional issue. This program includes a real-life
simulation exercise that promotes positive resolution of issues,
working collaboratively to solicit responses and solutions, and
teaches skills that can be applied in other settings. This program
is held one Thursday a month from 6:30 to 8:00 pm.
Girls
Talk: Provides a place where girls ages 14-17 can talk to
girls their own age about the issues facing young women today,
receive support and advice from professionals and have fun. This
program takes place at Hearts to Nourish Hope on Tuesdays from
6:30-7:30 pm.
The programs listed below are available to Court involved youth
ONLY via a referral from the assigned probation officer:
Introduction to Juvenile Court:
All juveniles placed on probation are ordered to attend this
program with parent(s). It is a one-time session lasting for up to
an hour and thirty minutes that reviews juvenile court terminology,
the juvenile court process, terms and conditions of probation,
sealing a juvenile record and much more. This program is held one
Tuesday a month from 7:00 up to 8:30pm.
Baby Think it
Over: A computerized doll, resembling a human infant, is
programmed to mirror the needs of a real baby showing teens what
parenting is really like. During the two to three day parenting
simulation period, the teen is responsible for recording the
feeding, diapering, rocking, burping and other care-givers
responsibilities. The internal computer records data about the
teen's performance and summarizes the data in a simple assessment
of care provided to the probation officer.
Evening Reporting
Center (ERC): An alternative to detention for juveniles
who violate probation or are awaiting adjudication. Probationers
meet five days a week from 4p.m. to 8 p.m. at the center. The ERC
staff transports the child to and from the program.
Law Related
Education Series: Increases students' knowledge of the
law, explains the purpose of the Juvenile Court, distinguishes
between the consequences for the different levels of offenses under
the law and describes how juveniles' lives can be affected by the
charges they receive. This is done in collaboration with the
District Attorney's Office and the Clayton County Public
Schools.
Second
Chance Court: Meets every Tuesday evening from 5:00 to
6:00 p.m. in the courtroom of Judge Steven Teske. For those youth
with alcohol and drug issues there is a drug and alcohol counseling
component that takes place every Monday evening for those in phases
1 and 2 of the program. In addition, there is family group therapy
on Tuesdays after 2nd Chance Court from 6:30 to 7:30 p.m. and a
Cognitive Behavioral Therapy class on Thursday evenings. Second
Chance Court is an alternative to designated felony sentencing a
youth for up to 60 months of restrictive custody at a Youth
Development Campus. Participants are court ordered to this
program.
Personal Space: An eight hour
Saturday workshop requiring youth and their parents to participate
in discussions that explore personal boundaries, effective
communication, and making good choices.
Choices:
Meets for four consecutive evenings (M-Th) from 6:30 pm-8:30 pm and
addresses making good choices and issues associated with the use of
illegal substances. Appropriate for families with any of their
members struggling with these issues.
Theft Prevention Workshop: An
eight hour Saturday workshop requiring youth and their parents to
participate in discussions that explore the reasons for and the
consequences of stealing as well as effective communication and
making good choices.
MEDIATION
SERVICES (ALTERNATIVE DISPUTE RESOLUTION)
Alternative Dispute Resolution is a term that describes a number
of processes used to resolve disputes as an alternative to formal
processing of complaints. These informal processes include
negotiation, conciliation, mediation and arbitration. ADR processes
provide a less formal, less adversarial and less expensive method
of addressing disputes. Courts have increasingly utilized these
methods as tools to alleviate crowded calendars.
In the fall of 1986, the Juvenile Court of Clayton County
implemented the Mediation Program. This action was taken to
supplement the court's existing restitution effort. That program
later evolved into Alternative Dispute Resolution. The program
employs a full-time program coordinator, a full-time juvenile court
officer, and a part-time program assistant. Mediators used in the
program are selected from the community with various backgrounds,
are registered with the Georgia Office of Dispute Resolution, and
have completed a juvenile mediation training course.
In 2011, there were over 350 cases assigned to ADR for screening
and processing. Of those cases, more than 200 youth were monitored
for a period of 90-180 days. ADR's goal is to assist the youth in
successfully closing his or her case while providing education
about the law and promoting accountability and restoration to the
victim.
What is Mediation?
Mediation is an informal process in which the parties
involved are empowered to resolve their own differences with the
assistance of a neutral third party, the mediator. Mediation is a
voluntary process as the parties voluntarily agree to work together
to resolve their differences. The parties may solicit legal
representation, but it is neither necessary nor mandatory in this
setting. The main focus of mediation is not to prove guilt or
innocence, but rather to address the charge, identify the conflict,
clear up any misunderstandings, and attain a resolution that is
workable for all parties involved. Furthermore, mediation creates a
forum for accountability and provides the respondent with an
educational awareness about the law as it relates to juveniles.
Mediation opens the door to bridge and nurture broken relationships
while creating new alliances.
What is the Process?
Complaints received at the Juvenile Court are screened
through the Intake Division of the court and forwarded to the ADR
Unit for mediation. In most instances, the cases involve property
damage, loss of property, or school and family related issues. The
program also mediates grandparent petitions and deprivation issues
as ordered by the judge. Once a case has been identified as
appropriate for mediation, the victim is contacted and invited, but
never coerced, to seek a mediated solution. If the victim agrees, a
mediation hearing is scheduled.
First, the goal of each session is to produce an agreement that
is acceptable to all parties. During the mediation hearing the
juvenile is encouraged to be accountable for his/her actions.
Secondly, the objective is for the juvenile to gain a perspective
that will assist in altering his/her thought process, thus
preventing him/her from reoffending. The juvenile and the victim
also participate in a "brainstorming" process facilitated by the
mediator to determine possible resolutions. In many cases, the
agreement will consist of restitution to the victim and
participation of the youth in a workshop provided by the court to
address the behavior. Failure to comply with the terms of the
agreement may result in the matter being set for a formal court
hearing presided over by a judge.
The mediation program has successfully addressed shoplifting
cases involving merchants in the community and property damage
cases involving private citizens. In addition, the mediation
program has been effective in handling school-related offenses and
neighborhood conflicts. Other means of addressing juvenile
complaints includes Peace Making Circles and Redemption
Hearings.
JUVENILE
DETENTION ALTERNATIVES INITIATIVE
The Juvenile Detention Alternatives Initiative (JDAI) is a
20-year-old project of the Annie E. Casey Foundation (AECF).
According to AECF's website, "JDAI is one of the nation's most
effective, influential, and widespread juvenile justice reform
initiatives." JDAI is primarily focused on the use of detention by
the juvenile justice system; over the past three decades, a large
body of research has documented the dangers of using detention
inappropriately. AECF contends that "youth are often unnecessarily
or inappropriately detained at great expense, with long-lasting
negative consequences for both public safety and youth
development." For more information on JDAI, please visit The JDAI
Help Desk.
Clayton County became a JDAI replication site in 2003, as a
response to the tremendous stress on our juvenile justice system.
Extremely high referral rates, primarily a result of minor school
offenses, led to all-time-high probation caseloads and recidivism
rates. Graduation rates were also at an all-time low. Since 2002,
our JDAI programs have had a profound impact on outcomes for youth
involved with Clayton County Juvenile Court:
- The average daily population in detention has decreased by
62%;
- The average daily population of youth-of-color in detention has
decreased by more than 57%;
- Detained youth now spend 36% less time in detention pending
disposition (translating to a little over one week less than in
2002);
- We commit 25% fewer juveniles to the Department of Juvenile
Justice;
- We commit 47% fewer minorities to the Department of Juvenile
Justice;
- Only 1% of juveniles released on detention alternatives are
re-arrested before disposition; and
- Juvenile petition filings have decreased by nearly 63% (2011
JDAI Annual Results Report).
Our JDAI Coordinator manages two of the most prominent JDAI
programs in Clayton County, the award-winning Finding Alternatives
for Safety and Treatment Panel (FAST Panel), and the Clayton County
Collaborative Child Study Team (Quad-C ST).
FAST Panel
The FAST Panel is a multi-disciplinary detention review committee
that meets every Monday, Wednesday and Friday to review the cases
of youth who have been detained. The objective of the panel is to
identify resources that might enable the youth to be safely
released from detention pending the final disposition of the
youth's case. The panel is made up of trained community volunteers,
community-based service providers, probation officers, and agency
representatives of our collaborative partners. For more information
on becoming a FAST Panel volunteer, please contact our JDAI
Coordinator, Shannon Howard, at (770) 473-5977 or email him.
Quad-C
ST
The Quad-C ST is another multi-disciplinary panel of
community-based service providers and the agency representatives of
our collaborative partners that serves as a single point-of-entry
for access to available resources. Partnering with the Clayton
County Board of Education's System of Care, the Quad-C ST staffs
the cases of students exhibiting at-risk behaviors with the goal of
providing services that might prevent the student from formal
involvement in the juvenile justice system.