Dr. Susan Weber & Kim Dvorchak, J.D. Colorado Juvenile Defender Coalition

Locking Out TreatmentLocking Out Childhood

The psychological effects and litigation challenges to the caging of children in adult jails

Dr. Susan Weber & Kim Dvorchak, J.D.Colorado Juvenile Defender Coalition

Caging Children in Crisis• Every day 7,500 children are held in adult jails for criminal court prosecution across America

• Sight and Sound Separation is Not Required

• Children held in adult jails are 36 times more likely to commit suicide than in juvenile detention

• In 2005 & 2006 children in jails were 21% + 13% victims of inmate on inmate violence -1% pop

• Up to ½ of children transferred to the adult system do not receive adult convictions

Developing Adolescent Brain

Physical

Intellectual

Social

Emotional

A D

AY IN

MY S

O-C

ALLE

D LIFE

Children in Cages

Who did the children live with?

Who decided the children could be placed together?

What were they allowed to do?

Who supported these children?

How were these children treated by the chain of command?

Who disciplined these children?

How were these children discipline?

Jan-10 Feb-10 Mar-10 Apr-10 May-10 Jun-10 Jul-10 Aug-10 Sep-10 Oct-10 Nov-10 Dec-100

2

4

6

8

10

12

Banging Cell Door

Gang Tension

Flooding

Suicidal Behavioral/ Blg 4

Suicidal Ideation

Verbal Threat to Staff

Physical Fights

A Child in Harm’s Way!

Juvenile Safety Juvenile Behavior (i.e. Power Struggles)High Risk for SuicideDSM-IV TR Diagnoses:

* Trauma* Adjustment Disorders* Psychotic Disorders* Dissociative Disorders

Attachment DisturbanceDisturbance in Development: Physical, Cognitive, EmotionalLack of Educational Programming

* General/Special EducationLack of Therapeutic Programming

Child Resiliency – Not Impenetrable

How does a child survive?

Really Survive…

Building the Case for Juvenile Detention

•No More Business as Usual; “It’s the Law” is No Excuse

•Effective Assistance of Counsel includes Aggressive Detention Advocacy

•Never Concede one Night in an Adult Jail; What if it was your child?

Step 1: Client’s Social History

Craft Detailed Client Questionnaire

Interview the Child Client, as many times as needed to get the whole picture

Interview Family, Friends, Neighbors, Teachers, Pastors, Clubs/Organizations

Consider Appointment of Guardian ad Litem

Step 2: The Detention Hearing• Understand Risk Assessments Available; Ask for

Them and Be Ready to Argue favorable interpretation of their Results

• Consent to Delay in the Filing of Charges (?)

• Use Data regarding your client’s background and characteristics to make the argument that adult jailing is not necessary and will be harmful to their well being

Step 3: Jail Investigation• Tour the Adult Jail and the Juvenile Facility

• Tour the jail with your investigator, DA, Judge, mental health expert, teacher

• Take Pictures of the conditions of confinement

• Meet with the Detention Facility Officials

• Never assume jail is providing services they claim; monitor services and get jail records

• Accreditation Standards & Compliance

Step 5: Filing the Motion to Keep Child in Juvenile Detention

• Statutory Interpretation

• Separation of Powers

• Due Process of Law

• Equal Protection

• Right to Education and IDEA