Last month I blogged about the one type of delinquency hearing for which remote proceedings are expressly authorized in statute—hearings on continued custody. This blog analyzes the legal and practical considerations for holding other types of delinquency proceedings through the use of audio and video technology. It will provide an overview of the authority to hold other delinquency proceedings remotely, discuss special considerations related to delinquency proceedings, and address what it all means for first appearances, probable cause hearings, transfer hearings, adjudication hearings, and dispositional hearings.
juvenile delinquency
COVID-19 and Delinquency Continued Custody Hearings
As we all come to terms with the new reality of social distancing and a global pandemic, the potential health risks for youth and staff in secure custody settings is cause for concern. Staff in a New York City juvenile detention center have already tested positive for COVID-19. The North Carolina Department of Public Safety has suspended visitation and volunteer activities at all juvenile justice facilities. Currently legal visits for juveniles in secure custody are still allowed. These heightened concerns about secure confinement of youth raise questions about whether and how ongoing secure custody hearings can happen in our current environment and what alternatives exist to both preserve public safety and prevent use of the congregate juvenile detention setting as much as possible. This blog will discuss when hearings on continued secure custody must be held, even in light of the emergency directive; important considerations if those hearings are conducted remotely; and the range of release options available to the court.
Raise the Age Tips and Resources for Law Enforcement
North Carolina sits four days away from implementation of the most significant change to juvenile court jurisdiction since the inception of the juvenile delinquency system 100 years ago. Beginning on December 1, 2019, most offenses alleged to have been committed by 16- and 17-year-olds will begin under juvenile jurisdiction. G.S. 7B-1501(7)b, G.S. 7B-1604(b). This change will shift the procedures that law enforcement must follow when processing 16- and 17-year-olds for these now juvenile offenses from criminal procedures to juvenile procedures. The good news, as Jeff Ledford, Chief of Police in Shelby, N.C., put it—if an officer knows how to take a 13-year-old into custody today, that officer knows how to take a 16- or 17-year-old into custody on December 1st. This blog provides three key tips for law enforcement to follow and links to a short training video and job aid developed specifically for law enforcement training on raise the age.
Victims’ Rights Bill Sent to Governor
Author’s note: Senate Bill 682 was signed by the Governor on September 4, 2019, and was chaptered as S.L. 2019-216.
Last week, the General Assembly ratified Senate Bill 682, which implements the 2018 constitutional amendment that expanded the rights of crime victims. The bill, ratified one day before the constitutional amendment took effect, awaits the Governor’s signature. This post briefly reviews the history of state-law protections for crime victims and the provisions of the 2018 amendment before discussing some of the more significant aspects of SB 682.
Delinquency and DSS Custody – Take Two
Have you ever been deeply enmeshed in a project, thought it was done, and when you returned with fresh eyes realized that you missed something important? That has happened for me when, for example, I painted the walls of my son’s bedroom only to walk in the next day with fresh eyes and realize that I should have painted the trim as well. And then it happened again as I was working on a chapter in the forthcoming Juvenile Justice Reinvestment Act Implementation Guide and realized that there is an amendment contained in the Juvenile Justice Reinvestment Act (JJRA), that will take effect on December 1, 2019, that changes one piece of the recently released Juvenile Law Bulletin, Delinquency and DSS Custody without Abuse, Neglect, or Dependency: How Does that Work?. The change limits the court’s authority to order DSS custody as a component of a delinquency disposition, allowing this disposition only for juveniles under the age of 18. This limiting language creates a clear age boundary for an initial order of disposition to DSS custody in a delinquency case. However, questions remain regarding the capacity for a juvenile to remain in DSS custody pursuant to a delinquency dispositional order after turning 18.
Using DSS Custody in Delinquency Cases – Key Takeaways
My colleague, Sara DePasquale, and I were excited to release a new Juvenile Law Bulletin two weeks ago—Delinquency and DSS Custody without Abuse, Neglect, or Dependency: How Does that Work? We were also exhausted. While the laws that allow for courts to order juveniles into DSS custody in a delinquency proceeding are short, their implications are broad and complex. Sara’s blog announcing the bulletin, Extra! Extra! Read All About It! New Juvenile Law Bulletin – Delinquency and DSS Custody without Abuse, Neglect, or Dependency: How Does that Work?, provides some suggestions about reading the bulletin in bite-sized chunks. Now that readers have had a chance to do that, let’s focus on a few of the key points for delinquency practitioners.
- the proceeding remains a delinquency proceeding although the juvenile is in the custody of DSS;
- the only attorney who will represent a juvenile placed in DSS custody through a delinquency proceeding is the juvenile’s counsel in the delinquency matter;
- termination of probation does not automatically terminate DSS custody; and
- implementation of the Juvenile Justice Reinvestment Act (a.k.a. “raise the age”) could result in a new challenge for DSS placements.
Mental Health Evaluations Required Prior to Delinquency Dispositions
Last week the Court of Appeals breathed new life into a decades-old law that requires district courts to refer juveniles who have been adjudicated delinquent, prior to disposition, to the area mental health, developmental disabilities, and substance abuse services director for an interdisciplinary evaluation if any evidence that the juvenile is mentally ill has been presented. This new decision, In the Matter of E.M., __ N.C.App. __ (January 15, 2019), raises many questions like, does it really mean any evidence of mental illness? And does it matter if the juvenile has already received mental health services? And who is the area mental health, developmental disabilities, and substance abuse services director anyways?
Wishing LaToya Well as She Leaves the SOG
[Editor’s note: This post first appeared on the SOG’s civil law blog, On the Civil Side. It is cross-posted here because of the connection between juvenile delinquency and criminal law, and because many of our readers know LaToya Powell as our faculty expert on juvenile delinquency.]
This is a bittersweet post as it is a goodbye to my friend and colleague, LaToya Powell, who has decided to leave the School of Government (SOG). [Today] is her last day, and I hope you will join me in wishing her well.