KIDS THESE DAYS…
In July of this year I returned to Juvenile work after completing the Family Law rotation. A frequent question has been, “How do you feel about being back on the Juvenile side?”
I am passionate about issues involving children and their well-being. I taught school for a few years in gang affiliated neighborhoods prior to going to law school. In 1992, I began my legal career volunteering in Cuyahoga County Juvenile Court. At that time juvenile arrest rates for violent crime were soaring. Experts were predicting that if the trends were to continue as they had over the past 10 years, the number of juvenile arrests for violent crime would double by the year 2010. Reports and predictions caused legislatively imposed changes all across the nation completely changing the philosophy and approach to juvenile rehabilitation.
Between 1992 and 1995, many states including Washington enacted laws that reformed Juvenile Justice. The jurisdictional authority of juvenile court was modified to remove more serious and violent juvenile offenders from the juvenile justice system to adult criminal court. Sentencing guidelines were implemented requiring the imposition of mandatory minimum sentences and permitting the extension of juvenile court jurisdiction beyond the age of majority. Separate rehabilitative programs designed specifically for youth and their families were mandated. Confidentiality of juvenile court records and proceedings were revised in favor of more open proceedings and records. Finally, victims of juvenile crime were to be included as “active participants” in the juvenile justice process.
Simultaneously, many states adopted truancy laws requiring school attendance. Poor attendance and participation in school was identified as a risk factor for criminal activity. Federal laws mandated the monitoring of drop-out rates and created attendance based financial incentive programs. In Washington State, the legislature passed the “Becca Bill” named for a 12 year old runaway who was beyond the control of her parents. They had sought assistance from the juvenile justice system and were turned away as unfortunately, the juvenile court could not help them unless their child had committed a crime. At the age of 13 Rebecca was found murdered. Her parents then lobbied the state to pass this law in order to help other parents.
The Becca Law (RCW 13.32A) was enacted by the Washington State Legislature to; protect children who are endangering themselves, keep families together through assessment and treatment services, provide tools for schools, parents and Juvenile Court to keep children in school, and to hold children and parents accountable to court orders. The bill passed by the Washington legislature in 1995 created three new types of civil cases; truancy, youth at risk and children in need of services. These cases make up one fifth of the work of the juvenile court commissioner.
The Children’s Defense Fund published the “The State of America’s Children 2011” this year. This report indicates that juvenile arrest rates peaked in 1997and has steadily declined nationwide. Data gathered through the Office of Juvenile Justice and Delinquency Prevention reveals that the Washington state juvenile crime rate has followed the national trend and in fact rates tend to be slightly below the national average.
The view from the window of my office is of razor wire. It is a somber and constant reminder of where young people who violate the law, commit status offenses or are accused of criminal activity can spend their time. The caseload reports from 2010 conclude that Thurston County had 1,350 juvenile offender cases filed in 2010. 1,060 of these cases were resolved with convictions in 2010, 932 with pleas and 128 after trial. These included 1 Homicide 10 Robberies, 47 Assaults, and 174 Burglaries or Thefts. The remaining 828 were uncategorized misdemeanors.
Much progress has been made since 1992, when juvenile court was highly individualized and focused only on the best interests of the youth in the courtroom. In these difficult economic times Washington State has cut spending for services across the board. The budget includes unprecedented cuts to juvenile services and educational programs. How this will impact juvenile justice reform remains to be seen. So when I am asked “How do I feel about being back on the Juvenile side?” I may hesitate a moment. Then I will smile and tell you, “It is wonderful to have the opportunity to make a difference one child at a time.”