Processing juveniles through court can get complicated

Of the cases that come through the courtrooms, many involve juveniles. These cases can spend months, even years, in the court system before any resolution is found. Attorneys Jerry Williams and Marcia Bean recently spoke to the process of handling juvenile cases.

“There’s all different kinds of juvenile cases,” Williams said. “There’s cases where people are abusing juveniles, where juveniles are acting up a little bit or where juveniles are acting up a lot. We call them abuse and neglect, CHINS (Child In Need of Supervision) and delinquency.” Williams said there are programs that are attempted before things go too far and get to the courts.

The focus is never punishment in juvenile court, Williams said. It is always on rehabilitation, and Department of Family Services (DFS) “basically foots the bill,” whether juveniles have to attend counseling, go to a group home or go to high-intensity therapy.

The more factors that come into play, the more complicated things get, Williams said, noting the court gains jurisdiction over the parents. Bean said the court has jurisdiction over the family, which includes the parents, and Williams said they can’t order siblings to do things but they can with the parents.

“When we do that,” he said, “parents don’t like that.” He added parents often give reasons why they can’t come to court, but the court feels it is important to be there for something that impacts their children’s future.

The juvenile always gets an attorney, and parents can get one if they request one. Williams said they almost always have them in abuse and neglect cases, and those attorneys are bound by the same rules of those in the county attorney’s office or private practices. If they don’t do their jobs, they are subject to the same kinds of penalties. Some might think the attorneys from each side are working together, though Williams said cases involving juveniles are very hard-fought. There’s a lot of work to get everyone on the same, agreeable terms.

Williams said usually there are monthly – or even more frequently – Multi-Disciplinary Team (MDT) meetings with attorneys, parents, and juveniles if they are old enough, along with people from DFS, the schools and counseling centers if needed. Williams said there is a statute-ordered obligation of reunification, meaning they have to work toward having parents and a child living in a home together. But, sometimes, parents may be ordered to do something they don’t like, such as counseling, parenting classes or drug and alcohol treatment.

Often, Williams, said, parents don’t know basic practices of caring for children. Other times, their kids might have mental illnesses or personality disorders. It also might be there was abuse or drug and alcohol use in a home, even though the parents are now trying to clean up their acts. “There’s all kinds of things the kids are dealing with that they (parents) have to also deal with.”

One thing people might not like, Williams said, is when the court gets power over the parents they can be forced to do things they don’t want to, but if they don’t do them sometimes the court can’t reunify the family. “We’ve had cases where we’ve worked for years trying to reunify the family.” At some point, Williams added, they have to stop trying reunification efforts, but that getting control is part of helping to make things work. The rights of the kids also have to be considered, he said, as they deserve a chance at a healthy life and a home that is a safe place where they can live.

“We don’t want them in institutions if we can help it,” Williams said.

Judge Robert Skar is very involved with the cases, Williams and Bean said, checking every three months to make sure there are meaningful attempts at reunification. Williams noted that, prior to Judge Skar, there was a judge who discussed cases and made decisions in his private chambers, whereas Skar does his discussion and decisions in the courtroom.

Bean said when a child is removed from a home, there must be a hearing in front of a judge within 48 hours, excluding weekends and holidays, and the standard is there must be clear and convincing evidence that it’s dangerous for a child to return to a home. Williams said there must then be a trial within 60 days to prove that’s the case. If those guidelines are not met, the case could be dismissed or thrown out.

“They chew up a lot more time than a criminal case,” Williams said, “because you’re constantly working.” The MDT meetings can take up quite a bit of that time in order to get everyone together, but they also help provide the whole picture, Williams said. Bean pointed out parents can request appropriate support people to come to the meetings as well.

“Sometimes these meetings fill rooms,” Bean said.

Should the decision be made to terminate parental rights, Williams said yet another attorney must be brought in, and the hearing is done before another judge. “We basically have to show that, despite best efforts, after 15 months we’ve been unable to reunite them.” If a child has been out of home placement for 15 out of 22 months, the decision to terminate parental rights could be made, though that time could be extended if there is good reason.

Bean explained they could move for permanency at any point along the way, but after 15 months they’re obligated to start looking at alternative permanency options. “We don’t have to necessarily go for termination of parental rights. We can do guardianships, we can ask the court to extend the timeline so we don’t have to close a case. It’s a short timeline for a family to get it together, but the object is what’s in the best interest of the child. Children need permanency, and they need it sooner rather than later.”