The Role of the JCM #'s5,6,7 Group

#5

Services to At-Risk Youth Under Subchapter D, Chapter 264, Family Code” (3)(E)

Why?

Section 264.302 provides that an “At-Risk Youth” or a parent of the youth may be referred to the Department of Protective and Regulatory Services by Municipal Courts in Texas as part of sentencing. Such services require that there be a contract for services with the DPRS within the county. If there is a contract for services, and the court orders that services be provided, then the DPRS “shall provide services for the child and the child’s family.” Municipal Courts also have broad authority to make further orders for the best interest of the child and in order to obtain compliance of the court order.

Article 45.057 of the Texas Code of Criminal Procedure also grants Municipal Courts broad authority to make orders to increase the likelihood that children and their families will comply with court orders that are designed to lower recidivism and address the underlying behavior highlighted by the commission of the crime.

It is critical that courts have a method for creating a broad referral base in order to avail the court of the ability to increase compliance with the court’s orders and the laws of the State of Texas.

What?

The services available for the court to order include, crisis family intervention, emergency short-term residential care for children 10 years of age or older, family counseling, parenting skills training, youth coping skills training, advocacy training and mentoring. (Fam Code Section 264.302 (f)(1-7).

Under Texas Code of Criminal Procedure, Art. 45.057, a court may enter orders addressing the concerns and issues presented by Section 264.302(f) but may also enter an order requiring that the child attend a special program the court determines to be in the best interest of the child. Where there are services which have been approved by the county, the court may enter an order that includes rehabilitation, counseling, self-esteem, and leadership, work and job skills training, job interviewing and work preparation, self-improvement, parenting, manners, violence avoidance, tutoring, sensitivity training, parental responsibility, community service, restitution, advocacy, or mentoring. (TCCP Art. 45.057(2).

The court may also enter orders requiring the parents to take classes, attend school classes and functions, and refrain from behavior provided the court makes specific findings of the need for the orders in order to insure compliance of the courts orders. See TCCP Art. 45.057(3). The court may order the parent to incur the costs of such programs not to exceed $100 to pay for the costs of the program. See TCCP Art. 45.057(4)

#6

Local programs and services for juveniles and methods by which juveniles may access those programs and services (3)(f).

Why?

Community resource awareness is an essential component in accessing services for juveniles. Community resources encourage the healthy development of juveniles and families through direct services. These community resource services aid in addressing the cause of delinquent behavior, re-enforce accountability, remove barriers, and reduce recidivism.

What?

The local services may include:

(1) crisis family intervention;

(2) emergency short-term residential care for children 10 years of age or older ;

(3) family counseling;

(4) parenting skills training;

(5) youth coping skills training;

(6) advocacy training; and

(7) mentoring.

These may be accessed through court referrals, school referrals, community referrals and/or through Texas 2-1-1.

#7

Detecting and Preventing Abuse, Exploitation, and Neglect of Juveniles

Why?

Article 45.056, Code of Criminal Procedure was recently amended in regards to Juvenile Case Managers. Section 2, subsection f states that the governing body of the employing governmental entity under subsection (a) shall adopt reasonable rules for juvenile case managers that provide: (3) training in: (G) detecting and preventing abuse, exploitation, and neglect of juveniles.

What?

The following are those areas needed for Juvenile Case Manager training as required. The JCM should know the Texas Family Code definition of abuse, exploitation and neglect of juveniles as they will have direct access to families and juveniles in their home, school, and community environments. These definitions can be found at (http://www.dfps.state.tx.us/contact_us/report_abuse.asp).

As per the Family Code all citizens of Texas are required to report the belief of abuse, neglect or exploitation of a child. Any person suspecting abuse and not reporting it can be held liable for a misdemeanor or state jail felony. JCM should have immediate knowledge of the procedure for reporting abuse, neglect or exploitation as they may find evidence of such while investigating and preparing their reports to the court.

JCM’s are consulting with judges regarding the

1)child’s home environment,

2)the child’s developmental, psychological, and educational status,

3) the child’s previous interaction with the justice system, and

4)any sanction that is available to the court that would be in the best interest of the child (See Art.45.056(g), CCP as amended by S.B. 209).

They are to give priority to cases brought under Section 25.093 (failure to attend school) and 25.094 (parent contributing to non-attendance) of the Education Code. Juvenile offenders are likely to live in environments where there is potential for lack of supervision or neglect which may contribute to truancy. Therefore, JCM’s must understand the complexity of how these environments are directly contributing to continued offending by the juvenile and/or parent and the likelihood of current and potential abuse, neglect, or exploitation.