Should the Juvenile Court Retain Jurisdiction Over Parents During DOC Placement?

Has the time come to change the jurisdiction statutes to allow the juvenile court to order and enforce parental participation orders for community-based services for the family while the child is placed at the Indiana Department of Correction, Division of Youth Services (DOC)?  Currently, when a child is placed at DOC, the juvenile court loses jurisdiction over the case.  See I.C. 31-30-2-1(a)(2).  That means that the juvenile court has no authority to tell the child or the parent, guardian, or custodian what to do, hold review hearings, modify the disposition orders, etc.

The logic behind the current rule is that it allows DOC to have the freedom and responsibility to implement a treatment and discharge plan for the child and the family without interference.  However, in the last several years, DOC has closed the South Bend and Northeastern juvenile facilities and moved the only female juvenile facility to Madison, Indiana along the Ohio River.  For many families, the remaining juvenile facilities are just too far for visitation or meaningful participation in family therapy and other restorative services.  DOC is making strides to increase participation by using programs that are like Skype, but access to and knowledge of how to use computers is still a limiting factor.  In addition, DOC has few resources available for parents who may personally need substance abuse counseling, individual mental health therapy, parenting classes, homemaking classes, etc., in order to better parent the child when the child is discharged from DOC.

By modifying the current jurisdiction statute, the court could enforce a parental participation decree, pursuant to I.C. 31-37-15, for community-based services that the parent may need in order to fulfill the obligations of the parent that would be paid for by Medicaid or private insurance.  A consideration when analyzing this proposed change would be whether some families are completely uninsured still.  If so, should/would the Indiana Department of Child Services (DCS) be called upon to pay for the parental services while the child is placed at the DOC, as DCS currently pays for community-based parental services when the child remains in the community?

Anecdotally, it is said that some counties are currently just continuing to enforce the parental participation decree for community-based services, and no legal challenges have been made to the court’s jurisdiction so far.  If it has been effective in reducing juvenile recidivism, the statutes in the juvenile code should be modified to allow all of the county juvenile courts to assist parents while the child is placed at DOC.

The post Should the Juvenile Court Retain Jurisdiction Over Parents During DOC Placement? first appeared on the Indiana Juvenile Justice Blog.

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One Response to Should the Juvenile Court Retain Jurisdiction Over Parents During DOC Placement?

  1. CHERESA NAVARRETE says:

    i agree my son just went to logansport D.O.C. RETAINING FOR 2 WEEKS THEN SHIPPED OFF TO GOD ONLY KNOWS. He has Pervasive Development Disorder a form of autism, and a thyroid that dont work and he has been off his meds a month they wont even tell me if he is on his meds now or how he is doing nothing im so worried for him it makes me sick. For 3 years in treatment facilitys i visted my son every week and trust me 20 grand it cost was well worth the smile and hugs every week however i lost my house and car and had to relocate to a diff state because i had no more help. my son was home for a year but got locked up this last time right before we were to leave he then went to 4 more different facilitys in which he was being abused i had to call police myself however the police said guy was fired. that they were not removing the child cuz he was not endangered anymore then 5 days later seriously hurt a staff for restraining him and now is in d.o.c. i skyped with him 3x a week and it helped a lot i had counsling with him as well i beleive it helps and i would seriously help with teaching computer skills just so this can be done. prison whether adult or juvinile is serious however when a inmate goes in they will never come out the same they become intutionalized, traumatized and either end up back in prison cuz its safe and no one wants to help a felon or give them a job to provide for thier families 😦 Kids are already targeted by the police and seriously look for them to screw up, OR OTHER KIDS TARGET THEM CUZ THEY HAVE A BAD REP. 8 out of 10 inmates return to prison or end up dead. i dont want my son to be one of those statistics because he cant control his anger. His father is in prison as well for the same exact charges but his is for 8 years AND has no way to contact his son. HE needs his dad and me, there needs to be a law and a program to help all these men and women who deserve another chance everyone makes mistakes this is how we learn, SOME JUST MAKE REALLY BAD CHOICES BECAUSE EITHER MENTAL ILLNESS OR THE WAY THEY WERE RAISED. sOME DONT EVEN REALLY KNOW ITS WRONG TILL THEY GET IN TROUBLE, as long as we do our time for the crime it should be over period. but as for this program or law it will help these children know their family is there and supportive they are not alone and those people who are poor i mean poe and trust me i know the difference lol they cant afford to spend 100-150 to visit thier child who they love unconditionaly no matter what happened. there needs to be a program to help and seriously i would love to help coming from a mother of a mentally ill child with 20 battery charges under his belt and now in prison 1 month before his 14 birthday i cant even talk to him on his birthday because now i cant afford money on a phone for him to call BECAUSE I BROKE MY SPINE AND CAN NO LONGER WORK. its absolutely it REDICULAS! seriously how much $ they get for him, I KNOW 12 GRAND A YEAR IS HIS DISABILITY PLUS WHATEVER THE STATE GETS FOR HAVING HIM he is on disability do u seriously think they will give him his check every month on his comasery? lmfao no THEY EXPECT FAMILY AND PARENTS TO PAY FOR IT INSTEAD OR THEY GO WITHOUT. WOW 800 A MONTH + AND MY KID CANT GET A CANDY BAR WTH SO NOW HE CANT ASSOCIATE WITH HIS FAMILY OR GET HIS MONEY THATS HIS!!!! its all about $ and there are a lot of inmates who come from poor places and half are in prison for tryin to support thier families any way they can cuz they cant even get a job now and need to feed kids THEN GET BUSTED AGAIN ALL THIS all over a mistake he made and paid for. its a never ending cycle and if we had the intervention to help all inmates including juviniles with skype, counsling on phone or skype, paid VISITS TO SEE THIER KIDS AND GROUPS FOR KIDS AND PARENTS these kids men and women would flourish deal with thier underlying drama and demons get help wile in there and know face to face even on a computer that they have family support it could mean the world to them make them more positive and confident to do good, SO WHEN THEY DO GET OUT THEY HAVE LESS CHANCE TO GO BACK HOWEVER THATS BAD FOR THE STATE CUZ THEY LOSE $. NEVER ENDING CYCLE THIS IS A WONDERFUL IDEA!!!! KEEP ME INFORMED I WIL DEFINATELY HELP I ALSO WANT TO START A NON PROFIT ORGANIZATION FOR TROUBLED CHILDREN WHO ARE IN PLACEMENTS AND PRISON TO BE ABLE TO SEE THIER PARENTS AND FAMILIES, THROUGH FREE TRANSPORTATION AND ALSO HELP WITH PHONE CALLS AND COMMISARY AND COUNSLING I KNOW WE CAN CHANGE THESE KIDS FUTURES ITS NOT THIER FAULT THEY ARE THIS WAY SOME IS FROM PARENTS AND SOME IS FROM MENTAL ILLNESS AND THEY DO DESERVE A SECOND SHOT AT A BEAUTIFUL LIFE FELONIES OR NOT BAD REP OR NOT THEY ARE NOT PIECES OF WORTHLESS CRAP THEY ARE CHILDREN STILL BABIES REALLY STILL GROWING AND LEARNING AND THAT MOST IMPORTANT POINT IN THIER LIVES THEY ARE ALONE LIVING WITH A BUNCH OF OTHER GUYS OR GIRLS THAT ARE BULLIES OR WONT CHANGE AND HURT OTHERS THEY GET SEXUALLY ABUSED AND BEAT IN THERE AND NO ONE CAN TELL ME DIFF IT HAS ALREADY HAPPENED TO SME 1 I KNOW VERY WELL. ITS SAD CUZ NO CHILD SHOULD BE TREATED LIKE THIS THEY FEEL ALONE AND DEPRESSED SOME SCARED FOR THIER LIFE THEY NEED CONTACT WITH HOME AND FAMILY TOO REMIND THEM DAILY THAT THEY ARE THERE NOT GOIN ANYWHERE SO THEY ARE NOT ALONE AND CAN TELL SME 1 WHO CARES IF THESE EVIL THINGS HAPPEN TO THEM. SKYPE IS HOW I FOUND OUT A STAFF MEMBER BEAT MY KID UP HE WAS FIRED NOW CUZ MY SON WAS SCARED FOR HIS LIFE AFTER BEING ABUSED HE FOUGHT BACK AND IS NOW IN PRISON AND THAT MAN WHO TRAUMATIZED MY KID AND SENT HIM OVER THE EDGE IS FREE HE LOST HIS JOB WOW MY SON LOST HIS FREEDOM AND CONTACT WITH HIS FAMILY UNJUST I TELL YA BUT OH I GOT ME A LAWSUIT. I DO FEEL VERY BAD FOR THE WOMEN STAFF MY SON HURT BADLY AND I PRAY FOR HER AND HER FAMILY. HOWEVER I WILL NOT TELL MY SON NOT TO HURT SOMEONE WHO IS HURTING HIM IN ANY MANNER WHATSO EVER CALL ME CRAZY BUT MY SON HAD A RIGHT TO FLIP OUT THAT DAY HE WAS NEVER ABUSED TILL THEY STARTED LOCKING HIM UP PLACEMENT TO PLACEMENT FUNNY LIL THING IS THEY FOUND OUT MY SON DONT PLAY HE SAW HIS DAD HIT ME AND HE WILL NOT TOLERATE ANYONE WOMEN OR MAN ATTACKING HIM RESTRAINT OR NOT UR SUPPOSE TO DO THE CHILD HOLD ON HIM COME FROM BEHIND WRAP UR ARMS AROUND THEM PULL THEM TO THE FLOOR AND HOLD THEM AND SME TIMES ROCK THATS HOW U DEAL WITH A AUTISTIC CHILD AND HIS EPISODES. HOWEVERR THESE STAFF AT THESE FACILITYS DECIDE TO COME AT MY SON AND TOUCH HIM IN A VIOLENT WAY HE HAD EVERY RIGHT ESPECIALLY 5 DAYS AFTER THAT MAN BEAT MY SON SPIT IN HIS FACE KICKED HIM IN THE HEAD THEN SLIT HIS OWN WRISTS 2 DAYS LATER. HE DID THE EXACT SAME THING TO THE WOMEN STAFF AND WAS FINALLY REMOVED FROM THE FACILITY BUT NOW GOING TO PRISON JUST LIKE HIS DAD. ITS NOT FAIR AND I FEEL BAD FOR HIM HE MAYBE ALMOST 14 BUT HE HAS MIND OF 5 OR 6 YEAR OLD HE HAS NEVER BEEN THIS LONG WITH OUT ATLEAST TALKIN TO ME AND IM WORRIED SICK HE IS SO TRAUMATIZED CUZ I WENT PARALYZED THEN 5 OF OUR FAMILY AND VERY CLOSE FRIENDS DIED ALL IN A 2YR SPAN INCLUDING HIS GOD MOTHER. HE ALSO FOUND MY BESTFRIEND DEAD AT AGE 9. THEN HIS DOG DIED IN HIS ARMS AFTER THAT HE SNAPPED BUT WHEN HIS DAD WENT TO PRISON HE LOST IT AND THESE ARE THE REASONS COUNSLING NEEDS TO BE IN THE PRISONS. THERE ARE ALWAYS UNDERLYING ISSUES OF ANY VIOLENCE OR CRIMINAL ACTS. THESE KIDS NEED HELP! NOT SEVERE PUNISHMENT AND TAKEN AWAY COMPLETELY FROM THE ONLY SUPPORT SYSTEM THEY HAVE. LET ALONE A CHILD WITH AUTISM HE SHOULD BE IN A HOSPITAL NOT PRISON

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