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Children Protective Services &
Juvenile Justice
OBJECTIVES FOR THE WEEK
 Texas Juvenile Justice Department
 Definitions
 Referral for disposition
 Deferral programs in Dallas County
 School-to-Prison Pipeline
 What is it?
 Videos
 Texas Department of Family Protective Services
 Definitions of abuse, neglect and maltreatment
 CPS Services
 Recognize signs of abuse
TEXAS JUVENILE JUSTICE DEPARTMENT
 The Texas Juvenile Justice Department (TJJD) was created on December 1, 2011
replacing both the Texas Juvenile Probation Commission and Texas Youth
Commission.
 The juvenile correctional system places an emphasis on rehabilitation. Even
when it is necessary to incarcerate youth, the setting is protective and designed
to educate youth about discipline, values, and work ethic.
 Juvenile records are sealed to allow the youth a fresh start upon reaching
adulthood
 Exceptions include those who have to register as sex offenders and those who have
committed serious enough offenses that must complete their sentences in the adult
system.
REFERRAL TO JUVENILE COURT AND
POSSIBLE DISPOSITIONS
 A youth who engages in delinquent conduct or commits a CINS (Conduct
in Need of Supervision) violation can be referred to juvenile court.
 The case may be handled in several ways:
 The youth can be dealt with informally and returned home.
 If the youth is to be charged with delinquent conduct, he/she is afforded the
same legal rights as an adult charged with a crime.
 In certain circumstances, the county can request to have a youth certified as
an adult. If such is granted, the person is considered an adult for criminal
purposes and will no longer be in the juvenile justice system.
REFERRAL TO JUVENILE COURT AND
POSSIBLE DISPOSITIONS
 If the juvenile is charged (or “adjudicated”) for delinquent conduct, there
are several possible disposition options, or outcomes, as follows:
 The juvenile may be placed on probation
 Must be discharged from the probation by the time he or she turns 18.
 The juvenile may be sent to the Texas Juvenile Justice Department with an
indeterminate sentence (only felony offenses)
 Must be discharged by the time he or she turns 19
 The juvenile may be sent to the Texas Juvenile Justice Department with a
determinate sentence (only certain offenses)
 May be transferred to adult prison depending on his or her behavior and progress
in TJJD programs.
DEFINITIONS FROM TJJD
 Juvenile (youth) is a person who was at least 10 years old but not yet 17
at the time he or she committed an act defined as delinquent conduct or
conduct in need of supervision.
 Delinquent conduct is generally conduct that, if committed by an adult,
could result in imprisonment or confinement in jail.
 Conduct in need of supervision (CINS) is generally conduct that, if
committed by an adult, could result in only a fine or conduct that is not a
violation if committed by an adult, such as truancy or running away from
home.
 Adjudication is a finding that a youth has engaged in delinquent or CINS
conduct. It is similar to a conviction in adult court.
COUNTY PROBATION DEPARTMENTS &
COURTS
 State law requires each county to have a juvenile board to help adjudicate
juvenile cases. Some of these boards govern multiple counties.
 Each board is responsible for overseeing the operation of the juvenile
probation system in that county. This includes designating juvenile judges,
appointing the chief juvenile probation officer and setting the policy and
budget for the juvenile probation department
COUNTY PROBATION DEPARTMENTS &
COURTS
 Individual counties provide services to all youth referred to the juvenile
courts.
 Local district or county attorney’s offices prosecute juvenile cases.
 County juvenile probation departments handle most of the sanctions and
therapeutic interventions the courts may impose.
 TJJD works and oversees local juvenile boards and juvenile probation
departments. It provides support and services by providing funding,
technical assistance, and training; establishing and enforcing standards;
collecting, analyzing and disseminating information; and facilitating
communications between state and local entities.
 TJJD also provides oversight of county-operated detention facilities.
JUVENILE PROGRAMS - DIVERSION
 Diversion programs offer youth an opportunity to agree on voluntary
conditions that closely resemble probation, but are imposed by the
probation officer instead of the Court.
 First time offenders with minor offenses and indicate certain criminal
behavior risk factors may be eligible for specific diversion programs.
 Successful completion of the agreed conditions allows these youth to
avoid appearing in Court, and prevent them from permeating into the
juvenile system.
JUVENILE PROGRAMS – DIVERSION
(Dallas County)
 E.S.T.E.E.M. Court (Experiencing Success Through Empowerment,
Encouragement and Mentoring) is a girls-only diversion program and is
targeted specifically at combating the potential for sexual exploitation and
prostitution among at risk girls.
 The program includes intensive supervision, weekly court hearings,
individual and group therapy, in-home family therapy, and mentorship
with community leaders
 The hope is to build confidence in the participants
JUVENILE PROGRAMS – DIVERSION
(Dallas County)
 Diversion Male Court (D.M.C.) targets minority males with first time and
minor referrals. Using community-based alternatives to empower the
youth and family, D.M.C. aims to reduce the disproportionate
representation of minority male youth in the juvenile justice system.
 Community service providers in conjunction with the probation officer
focus on issues which predispose the identified minority male youth to
delinquent behavior.
JUVENILE PROGRAMS – DIVERSION
(Dallas County)
 Mental Health Court diverts youth with a mental health disorder from
further justice system involvement.
 First time offenders work with a special probation officer and judge in a
program that involves weekly court hearings, in-home therapy with
Functional Family Therapy, and psychiatric services with Dallas Metrocare.
 Participants are expected to address the problems that led to their initial
court involvement and receive coping strategies to help keep them out of
the justice system in the future.
JUVENILE PROGRAMS – DIVERSION
(Dallas County)
 Drug Diversion Court identifies and intervenes with youth who have a
history of substance abuse.
 Youth involved in the program participate in community-based drug
treatment programs, attend weekly court sessions, submit to regular drug
testing, and consistently report to their probation officer.
 Juveniles receive the tools and support needed to live a drug-free life and
remain out of the justice system.
JUVENILE PROGRAMS – DIVERSION
(Dallas County)
 Youthful Offenders Court is a diversionary program assisting first time
offenders between the ages of 10 and 13.
 The program is tailored to meet the needs of this young population who
do not meet the criteria for other diversion programs, but will still benefit
from the specialized services offered by diversion courts.
 Youthful Offenders Court holds program participants accountable for their
actions by establishing an understanding of the impact and consequences
of their choices.
JUVENILE PROGRAMS – DIVERSION
(Dallas County)
 Family Violence Intervention Program (F.V.I.P.), youth and their
families with a first offense that is a misdemeanor assault or family
violence work with a counselor from Jewish Family Service to address
stressors that lead to violent behavior and strengthen the family
relationship.
SCHOOL-TO-PRISON PIPELINE (VIDEOS)
 WATCH THIS VIDEO: Retro Report - School-to-Prison Pipeline
 WATCH THIS VIDEO: School-to-Prison Pipeline numbers
 WATCH THIS VIDEO: Locked up for skipping school
SCHOOL-TO-PRISON PIPELINE
 School-to-prison pipeline is a set of policies in our nation’s
public schools that pushes a high number of kids into the
juvenile and criminal justice systems
 School disciplinary policies disproportionately affect Black
students
 Zero-tolerance discipline has resulted in Black students facing
disproportionately harsher punishment that white students in
public school
SCHOOL-TO-PRISON PIPELINE
 Black students are 16% of the nation’s student population, but
31% of those arrested at school
 White students are 51% of the student population and 39% of
those arrested at school
SCHOOL-TO-PRISON PIPELINE
 Black students are suspended and expelled 3x more than white
students
 Students suspended or expelled for a discretionary violation are
nearly three times more likely to be in contact with the juvenile
justice system the following year
CHILD PROTECTIVE SERVICES /
CHILDREN’S WELFARE
HISTORY OF CHILD WELFARE POLICY
 Child protection is a state matter
 Since the inception of child welfare, policy has made it clear
that primary responsibility for the child rests with the
parents
 State programs are only a backup plan
 The Federal government lacks a family protection policy
PROTECTION SERVICES FOR CHILDREN
 Child Abuse Prevention and Treatment Act - established the National
Center for Child Abuse and Neglect (NCCAN), part of DHHS, which
established a model statute for state child protective programs as well
as:
 A standard definition of child abuse and neglect
 Methods for reporting and investigating abuse and neglect
 Immunity for those reporting suspected injuries inflicted on
children
 Prevention and public education efforts to reduce incidents of
abuse and neglect
 Allowed for the reporting of trends in child abuse and the need for
protective services
TO REPORT ABUSE IN TEXAS, CALL THE
STATEWIDE ABUSE HOTLINE
1-800-252-5400
DIFFERENT TYPES OF CHILD MISTREATMENT
www.dfps.texas.state.tx.us
 Physical abuse is deliberate actions resulting in injuries to a child or
genuine threats of such actions, or concerns about physical injuries of
an unexplained or suspicious nature.
 Sexual abuse includes:
 Sexual indecency, sexual assault, or aggravated sexual assault.
 Failing to make a reasonable effort to prevent sexual conduct to a child.
 Using the child for the creation of obscene or pornographic material.
DIFFERENT TYPES OF CHILD MISTREATMENT
www.dfps.texas.state.tx.us
 Emotional abuse is an emotional or mental injury caused
by the parent or caregiver that results in an observable
effect on the child.
 Psychological state - Concerns about the child's mental stability, as
demonstrated by mood, behavior, and thoughts.
DIFFERENT TYPES OF CHILD NEGLECT
www.dfps.texas.state.tx.us
 Neglectful supervision means improper supervision of a
child left alone which could have resulted in substantial
harm.
 Medical neglect is failure to seek, obtain or administer
medical treatment that could result in substantial harm.
DIFFERENT TYPES OF CHILD NEGLECT
www.dfps.texas.state.tx.us
 Physical neglect is the failure to provide a child with the
necessary food, clothing, and shelter to maintain a healthy life.
 Abandonment and refusal to accept parental
responsibility are where the parent or caregiver left the child in
a potentially harmful situation and did not plan to return for the
child.
 Refusal to accept parental responsibility - Child has been out of
the home for any reason, and parent/caregiver refuses to allow
the child to return home.
DIFFERENT TYPES OF CHILD TRAFFICKING
www.dfps.texas.state.tx.us
 Labor trafficking - parent or caregiver forcing a child into
labor or services that are unhealthy or harmful to the child.
 Sex trafficking - parent or caregiver receiving
compensation for forcing a child to engage in prostitution
or other sex acts.
PROTECTION SERVICES OF CHILDREN
www.dfps.texas.state.tx.us
 Child Maltreatment – is the combination of abuse and
neglect
 Abandonment
 Not providing adequate supervision
 Threats of harm
 Exploitation
 Congenital drug addiction
TX CHILD PROTECTION SERVICES
www.dfps.texas.state.tx.us
 Child Protective Services responsibilities include:
 Providing services to children and families in their own
homes.
 Placing children in foster care.
 Providing services to help youth in foster
care successfully transition to adulthood.
 Helping children get adopted.
TX CHILD PROTECTION SERVICES
www.dfps.texas.state.tx.us
 In Texas, anyone who suspects that a child is being
abused or neglected has a legal obligation to report it.
 Professional reporters are required to report suspicion
of abuse or neglect within 48 hours.
 A Professional Reporter is anyone licensed or certified by the
state or works for an agency or facility licensed or certified by the
state and has contact with children as a result of their normal
duties. By law, professionals may not delegate their duty to report
to another person such as a coworker or family member.
TX CHILD PROTECTION SERVICES
www.dfps.texas.state.tx.us
 Professional reporters include, but are not limited to:
 Teachers
 Doctors, Nurses, medical workers
 Social Workers
 Daycare employees
 Employees of a clinic or health care facility that provides
reproductive services
 Juvenile probation, detention or correctional officers
RECOGNIZE THE SIGNS OF CHILD ABUSE
https://www.dfps.state.tx.us/child_protection/child_safety/r
ecognize_abuse.asp
REFERENCES
 Child Protective Services. Retrieved from
https://www.dfps.state.tx.us/child_protection/
 School-to-Prison Pipeline. Retrieved from www.retroreport.org & aclu.org
 Texas Juvenile Justice Department. Retrieved from
http://www.tjjd.texas.gov/about/overview.aspx &
http:www.dallascounty.org/departments/juvenile/probation-services.php

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SWK 597 Week 9. child protective services

  • 1. Children Protective Services & Juvenile Justice
  • 2. OBJECTIVES FOR THE WEEK  Texas Juvenile Justice Department  Definitions  Referral for disposition  Deferral programs in Dallas County  School-to-Prison Pipeline  What is it?  Videos  Texas Department of Family Protective Services  Definitions of abuse, neglect and maltreatment  CPS Services  Recognize signs of abuse
  • 3. TEXAS JUVENILE JUSTICE DEPARTMENT  The Texas Juvenile Justice Department (TJJD) was created on December 1, 2011 replacing both the Texas Juvenile Probation Commission and Texas Youth Commission.  The juvenile correctional system places an emphasis on rehabilitation. Even when it is necessary to incarcerate youth, the setting is protective and designed to educate youth about discipline, values, and work ethic.  Juvenile records are sealed to allow the youth a fresh start upon reaching adulthood  Exceptions include those who have to register as sex offenders and those who have committed serious enough offenses that must complete their sentences in the adult system.
  • 4. REFERRAL TO JUVENILE COURT AND POSSIBLE DISPOSITIONS  A youth who engages in delinquent conduct or commits a CINS (Conduct in Need of Supervision) violation can be referred to juvenile court.  The case may be handled in several ways:  The youth can be dealt with informally and returned home.  If the youth is to be charged with delinquent conduct, he/she is afforded the same legal rights as an adult charged with a crime.  In certain circumstances, the county can request to have a youth certified as an adult. If such is granted, the person is considered an adult for criminal purposes and will no longer be in the juvenile justice system.
  • 5. REFERRAL TO JUVENILE COURT AND POSSIBLE DISPOSITIONS  If the juvenile is charged (or “adjudicated”) for delinquent conduct, there are several possible disposition options, or outcomes, as follows:  The juvenile may be placed on probation  Must be discharged from the probation by the time he or she turns 18.  The juvenile may be sent to the Texas Juvenile Justice Department with an indeterminate sentence (only felony offenses)  Must be discharged by the time he or she turns 19  The juvenile may be sent to the Texas Juvenile Justice Department with a determinate sentence (only certain offenses)  May be transferred to adult prison depending on his or her behavior and progress in TJJD programs.
  • 6. DEFINITIONS FROM TJJD  Juvenile (youth) is a person who was at least 10 years old but not yet 17 at the time he or she committed an act defined as delinquent conduct or conduct in need of supervision.  Delinquent conduct is generally conduct that, if committed by an adult, could result in imprisonment or confinement in jail.  Conduct in need of supervision (CINS) is generally conduct that, if committed by an adult, could result in only a fine or conduct that is not a violation if committed by an adult, such as truancy or running away from home.  Adjudication is a finding that a youth has engaged in delinquent or CINS conduct. It is similar to a conviction in adult court.
  • 7. COUNTY PROBATION DEPARTMENTS & COURTS  State law requires each county to have a juvenile board to help adjudicate juvenile cases. Some of these boards govern multiple counties.  Each board is responsible for overseeing the operation of the juvenile probation system in that county. This includes designating juvenile judges, appointing the chief juvenile probation officer and setting the policy and budget for the juvenile probation department
  • 8. COUNTY PROBATION DEPARTMENTS & COURTS  Individual counties provide services to all youth referred to the juvenile courts.  Local district or county attorney’s offices prosecute juvenile cases.  County juvenile probation departments handle most of the sanctions and therapeutic interventions the courts may impose.  TJJD works and oversees local juvenile boards and juvenile probation departments. It provides support and services by providing funding, technical assistance, and training; establishing and enforcing standards; collecting, analyzing and disseminating information; and facilitating communications between state and local entities.  TJJD also provides oversight of county-operated detention facilities.
  • 9. JUVENILE PROGRAMS - DIVERSION  Diversion programs offer youth an opportunity to agree on voluntary conditions that closely resemble probation, but are imposed by the probation officer instead of the Court.  First time offenders with minor offenses and indicate certain criminal behavior risk factors may be eligible for specific diversion programs.  Successful completion of the agreed conditions allows these youth to avoid appearing in Court, and prevent them from permeating into the juvenile system.
  • 10. JUVENILE PROGRAMS – DIVERSION (Dallas County)  E.S.T.E.E.M. Court (Experiencing Success Through Empowerment, Encouragement and Mentoring) is a girls-only diversion program and is targeted specifically at combating the potential for sexual exploitation and prostitution among at risk girls.  The program includes intensive supervision, weekly court hearings, individual and group therapy, in-home family therapy, and mentorship with community leaders  The hope is to build confidence in the participants
  • 11. JUVENILE PROGRAMS – DIVERSION (Dallas County)  Diversion Male Court (D.M.C.) targets minority males with first time and minor referrals. Using community-based alternatives to empower the youth and family, D.M.C. aims to reduce the disproportionate representation of minority male youth in the juvenile justice system.  Community service providers in conjunction with the probation officer focus on issues which predispose the identified minority male youth to delinquent behavior.
  • 12. JUVENILE PROGRAMS – DIVERSION (Dallas County)  Mental Health Court diverts youth with a mental health disorder from further justice system involvement.  First time offenders work with a special probation officer and judge in a program that involves weekly court hearings, in-home therapy with Functional Family Therapy, and psychiatric services with Dallas Metrocare.  Participants are expected to address the problems that led to their initial court involvement and receive coping strategies to help keep them out of the justice system in the future.
  • 13. JUVENILE PROGRAMS – DIVERSION (Dallas County)  Drug Diversion Court identifies and intervenes with youth who have a history of substance abuse.  Youth involved in the program participate in community-based drug treatment programs, attend weekly court sessions, submit to regular drug testing, and consistently report to their probation officer.  Juveniles receive the tools and support needed to live a drug-free life and remain out of the justice system.
  • 14. JUVENILE PROGRAMS – DIVERSION (Dallas County)  Youthful Offenders Court is a diversionary program assisting first time offenders between the ages of 10 and 13.  The program is tailored to meet the needs of this young population who do not meet the criteria for other diversion programs, but will still benefit from the specialized services offered by diversion courts.  Youthful Offenders Court holds program participants accountable for their actions by establishing an understanding of the impact and consequences of their choices.
  • 15. JUVENILE PROGRAMS – DIVERSION (Dallas County)  Family Violence Intervention Program (F.V.I.P.), youth and their families with a first offense that is a misdemeanor assault or family violence work with a counselor from Jewish Family Service to address stressors that lead to violent behavior and strengthen the family relationship.
  • 16.
  • 17. SCHOOL-TO-PRISON PIPELINE (VIDEOS)  WATCH THIS VIDEO: Retro Report - School-to-Prison Pipeline  WATCH THIS VIDEO: School-to-Prison Pipeline numbers  WATCH THIS VIDEO: Locked up for skipping school
  • 18. SCHOOL-TO-PRISON PIPELINE  School-to-prison pipeline is a set of policies in our nation’s public schools that pushes a high number of kids into the juvenile and criminal justice systems  School disciplinary policies disproportionately affect Black students  Zero-tolerance discipline has resulted in Black students facing disproportionately harsher punishment that white students in public school
  • 19. SCHOOL-TO-PRISON PIPELINE  Black students are 16% of the nation’s student population, but 31% of those arrested at school  White students are 51% of the student population and 39% of those arrested at school
  • 20. SCHOOL-TO-PRISON PIPELINE  Black students are suspended and expelled 3x more than white students  Students suspended or expelled for a discretionary violation are nearly three times more likely to be in contact with the juvenile justice system the following year
  • 21.
  • 22. CHILD PROTECTIVE SERVICES / CHILDREN’S WELFARE
  • 23. HISTORY OF CHILD WELFARE POLICY  Child protection is a state matter  Since the inception of child welfare, policy has made it clear that primary responsibility for the child rests with the parents  State programs are only a backup plan  The Federal government lacks a family protection policy
  • 24. PROTECTION SERVICES FOR CHILDREN  Child Abuse Prevention and Treatment Act - established the National Center for Child Abuse and Neglect (NCCAN), part of DHHS, which established a model statute for state child protective programs as well as:  A standard definition of child abuse and neglect  Methods for reporting and investigating abuse and neglect  Immunity for those reporting suspected injuries inflicted on children  Prevention and public education efforts to reduce incidents of abuse and neglect  Allowed for the reporting of trends in child abuse and the need for protective services
  • 25. TO REPORT ABUSE IN TEXAS, CALL THE STATEWIDE ABUSE HOTLINE 1-800-252-5400
  • 26. DIFFERENT TYPES OF CHILD MISTREATMENT www.dfps.texas.state.tx.us  Physical abuse is deliberate actions resulting in injuries to a child or genuine threats of such actions, or concerns about physical injuries of an unexplained or suspicious nature.  Sexual abuse includes:  Sexual indecency, sexual assault, or aggravated sexual assault.  Failing to make a reasonable effort to prevent sexual conduct to a child.  Using the child for the creation of obscene or pornographic material.
  • 27. DIFFERENT TYPES OF CHILD MISTREATMENT www.dfps.texas.state.tx.us  Emotional abuse is an emotional or mental injury caused by the parent or caregiver that results in an observable effect on the child.  Psychological state - Concerns about the child's mental stability, as demonstrated by mood, behavior, and thoughts.
  • 28. DIFFERENT TYPES OF CHILD NEGLECT www.dfps.texas.state.tx.us  Neglectful supervision means improper supervision of a child left alone which could have resulted in substantial harm.  Medical neglect is failure to seek, obtain or administer medical treatment that could result in substantial harm.
  • 29. DIFFERENT TYPES OF CHILD NEGLECT www.dfps.texas.state.tx.us  Physical neglect is the failure to provide a child with the necessary food, clothing, and shelter to maintain a healthy life.  Abandonment and refusal to accept parental responsibility are where the parent or caregiver left the child in a potentially harmful situation and did not plan to return for the child.  Refusal to accept parental responsibility - Child has been out of the home for any reason, and parent/caregiver refuses to allow the child to return home.
  • 30. DIFFERENT TYPES OF CHILD TRAFFICKING www.dfps.texas.state.tx.us  Labor trafficking - parent or caregiver forcing a child into labor or services that are unhealthy or harmful to the child.  Sex trafficking - parent or caregiver receiving compensation for forcing a child to engage in prostitution or other sex acts.
  • 31. PROTECTION SERVICES OF CHILDREN www.dfps.texas.state.tx.us  Child Maltreatment – is the combination of abuse and neglect  Abandonment  Not providing adequate supervision  Threats of harm  Exploitation  Congenital drug addiction
  • 32. TX CHILD PROTECTION SERVICES www.dfps.texas.state.tx.us  Child Protective Services responsibilities include:  Providing services to children and families in their own homes.  Placing children in foster care.  Providing services to help youth in foster care successfully transition to adulthood.  Helping children get adopted.
  • 33. TX CHILD PROTECTION SERVICES www.dfps.texas.state.tx.us  In Texas, anyone who suspects that a child is being abused or neglected has a legal obligation to report it.  Professional reporters are required to report suspicion of abuse or neglect within 48 hours.  A Professional Reporter is anyone licensed or certified by the state or works for an agency or facility licensed or certified by the state and has contact with children as a result of their normal duties. By law, professionals may not delegate their duty to report to another person such as a coworker or family member.
  • 34. TX CHILD PROTECTION SERVICES www.dfps.texas.state.tx.us  Professional reporters include, but are not limited to:  Teachers  Doctors, Nurses, medical workers  Social Workers  Daycare employees  Employees of a clinic or health care facility that provides reproductive services  Juvenile probation, detention or correctional officers
  • 35. RECOGNIZE THE SIGNS OF CHILD ABUSE https://www.dfps.state.tx.us/child_protection/child_safety/r ecognize_abuse.asp
  • 36. REFERENCES  Child Protective Services. Retrieved from https://www.dfps.state.tx.us/child_protection/  School-to-Prison Pipeline. Retrieved from www.retroreport.org & aclu.org  Texas Juvenile Justice Department. Retrieved from http://www.tjjd.texas.gov/about/overview.aspx & http:www.dallascounty.org/departments/juvenile/probation-services.php