Call to Order and Roll Call
The 6th meeting of the Task Force on the Unified Juvenile Code was held on Wednesday, December 19, 2012, at 1:00 PM, in Room 171 of the Capitol Annex. Representative John Tilley, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator Katie Stine, Co-Chair; Representative John Tilley, Co-Chair; Harry L. Berry, Hasan Davis, Teresa James, Robert D. Neace, Mary C. Noble, Pamela Priddy, Peter Schuler, and Steve Trimble.
Guests: Marylee Underwood, Kentucky Association of Sexual Assault Programs; Wayne Young, Kentucky Association of School Administrators; and Marty White, CLC.
LRC Staff: Joanna Decker, Ray DeBolt, Jonathan Scott, Mike Clark, Matt Trebelhorn, and Rebecca Crawley.
The minutes of the November 13, 2012 meeting were approved without objection.
Discussion and Approval of the Final Report of the Unified Juvenile Code Task Force
Representative Tilley thanked the members for serving on the task force and for their thoughtful and considered contributions to the work of the group. He said the draft report presented for consideration recognizes the issues identified in the shortened interim but recognizes the juvenile justice system needs more in-depth study and discussion. Three issues of importance include financial mapping, development of an assessment tool, and information sharing among all agencies. The report recommends reauthorization of the task force in 2013 to allow more information to be presented and development of concise recommendations for change.
Commissioner James said the task force recognizes the need for improved mental health services for children which could take ten years to fully develop. The Department of Community Based Services, Department of Juvenile Justice and Department of Behavioral Health will be working on the SAMUSA grant to develop a financial map for Kentucky, a critical first step toward redirecting resources toward better services to juvenile offenders.
Mr. Schuler thanked the task force for allowing him to participate in the work. He said that last week a six year old child was in Jefferson County Court charged with arson. The child was so small he could not be seen behind the podium. The Rules of Criminal Procedure apply no matter the age of the defendant. He said a six year old child cannot understand the severity of charges against them, and if restitution is ordered, many times their families do not have the means to pay the amount ordered by the court. Criminal charges against a juvenile offender follow them throughout their lives and tie up the court system. He asked Representative Tilley for permission to share recommendations he developed with assistance from the Department of Public Advocacy. Representative Tilley agreed to hear the recommendations but noted the task force would not be voting of legislative recommendations for the 2013 Regular Session.
Mr. Schuler’s recommendations include mandatory diversion for all status offenders, authorize the court designated worker to seek supportive services on a voluntary basis, grant the court designated worker authority to seek any available assistance from the Department of Community Based Services, State and Local Interagency Councils, and Department of Juvenile Justice without formal court action, facilitate information sharing by including federal FERPA language to ensure full implementation of Kentucky Supreme Court Family Court Rules, limit issuance of valid court orders to children who have been adjudicated to have committed a status offense, and establish limits for how long a valid court order will last absent exigent circumstances.
Mr. Schuler said he hopes the task force, if reauthorized by the 2013 General Assembly, will address more serious issues relating to the juvenile justice system.
Representative Tilley said the 2013 General Assembly will be tackling several major issues. He noted that 2011 House Bill 463 took three years of study to become law, and revising the juvenile code cannot be completed in one interim.
Justice Noble thanked the co-chairs for starting the conversation about reforming Kentucky’s juvenile code. She said the code as written is pretty good but the court system and the school system have changed since the code was written. She agreed revising the code needs more time to produce the best product for Kentucky’s children and their families.
Senator Stine said financial mapping is crucial to developing a modern and efficient juvenile code. She said we should keep the courts as the last resort for juvenile offenders and should retain judicial discretion for detention. She said it is very important to maintain respect for the court, valid court orders must be respected or we will slide into anarchy.
Ms. Priddy commended the work of the task force and urged the inclusion of a mental health representative in the membership of the task force if it is reauthorized.
Senator Stine said the next task force should have input from the Kentucky Education Association because teachers are on the front line with out of control students.
Mr. Schuler asked if a minority report could be made part of the task force proceedings. Representative Tilley said the task force would be voting to adopt or not adopt the draft report provided to the members and no minority report would be included.
Commissioner Davis said Mr. Schuler’s recommendations were very important and should be taken under further consideration if the task force is reauthorized by the 2013 General Assembly.
Justice Noble said the task force should take a more in-depth look at status offenses, which are not criminal offenses, but include habitual truancy and running away from home. She said children cannot be treated the same as adult offenders and the definition of status offenses must be clarified. She is also concerned about the overuse of valid court orders by the courts. The courts need to focus on improper application of the law and not on the law being written incorrectly.
Commissioner James commended Mr. Schuler for his passion for protecting juvenile offenders. She said the Connecticut school shooting has focused national attention on the need for improving mental health services for children and young adults. She also noted the draft report calls for a uniform assessment tool. She said the Department for Community Based Services is not authorized to perform assessments, but they can do screenings.
Senator Stine moved, seconded by Superintendent Trimble, for adoption of the draft final report as discussed by the members. The motion was adopted by a vote of 9-1 with Mr. Schuler voting nay.
Chairman Tilley asked the members to observe a moment of silence in honor of the victims of the Connecticut school shootings.
The meeting adjourned at 2:15 p.m.