Locking Out Treatment Locking 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
Jan 20, 2016
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