MINUTES Judge Backes called the meeting to order. JUDGE JORGENSEN MOVED THE MINUTES OF THE FEBRUARY 10, 1999, MEETING MINUTES BE APPROVED. THE MOTION WAS SECONDED AND APPROVED. Greg Wallace reviewed the 1998 totals for restitution and community service. Statewide, the juvenile courts collected $168,252 in restitution and oversaw the completion of 45,216 community service hours. Adoption and Safe Families Act Lloyd Suhr, Legal Advisory Unit, ND Department of Human Services, reviewed implementation of federal laws relating to foster care. He stated that federal law requires certain judicial determinations be made relating to whether: 1) reasonable efforts to prevent removal have been made; 2) reasonable efforts have been made to safely return a child home; and, 3) whether a permanency plan was developed. Lloyd noted that failure to make judicial determinations jeopardizes North Dakota's access to federal IV-E foster care payment dollars. Lloyd stated that in order to comply with federal requirements, a model affidavit, petitions, and orders have been drafted containing the required federal language. The model "affidavit of services offered" is intended to accompany the petition. The goal of the affidavit is to be accurate and easy to use. It must identify services and discuss if they were a success or not a success, identify services which were not offered and explain why they were not offered, and include reasonable efforts findings. Lloyd then gave an overview of the model petitions. Judge Jorgensen noted that much of the language which is included in the petitions is required by federal regulation. It is recognized that much of the language included in the petition is an administrative requirement and is not included for substantive reasons. The language which is federally mandated to be in the petition will be noted for informational purposes. There was discussion regarding the "independent living" language included in section X of the petition. The language now provides: "That the child is 16 years of age and entitled to independent living services to assist in making the transition from foster care to independent living." The model affidavit, petition and order will be mailed to judges throughout the state prior to June for comments. Tara Muhlhauser stated that regional ASFA training will be held in June. Presentations concerning termination of parental rights will made to states attorneys and case workers. Other topics will include permanency planning hearings, ASFA issues, concurrent planning and the introduction of the model court package. The trainings will also discuss training needs and also provide an opportunity to air other issues. Greg provided an overview of new legislation from the 1999 legislature. Youth Drug Court Justice Mary Maring informed the Board that the Juvenile Drug Court Study Committee has completed its study and recommended that the Juvenile Policy Board make a determination of whether a pilot drug court should be tried in North Dakota, and determine its location. After a review of the findings in the final report, JUDGE JORGENSEN MOVED THAT THE JUVENILE POLICY BOARD DEVELOP AN IMPLEMENTATION PLAN AND PICK A LOCATION FOR THE PILOT DRUG COURT. THE MOTION WAS SECONDED AND PASSED. The administrator's office will draft recommendations regarding an appropriate location. Once the supreme court is notified if they have been awarded a drug court planning grant the Juvenile Policy Board will have a conference call to discuss the planning of the drug court. Intensive Tracking Janell Regimbal, Lutheran Social Services, stated intensive tracking of juveniles is another tool used in probation services. Lutheran Social Services is the statewide provider of tracking services. Intensive tracking services began in juvenile court in January and assists with the supervision of juveniles on probation. Every judicial district has access to the service, although not every district has utilized it yet. This is an inexpensive way of adding accountability to probation. The intensive tracker works with the probation officer to determine how much interaction is needed with the juvenile. Accountability Conferences Allen Albright, Balanced and Restorative Justice Coordinator, stated that accountability conferences are an important part of balanced and restorative justice. In an accountability conference the offender is given the opportunity to see the full impact of the crime. He noted that typically victims want: 1) their losses restored; 2) questions answered; 3) to know if the offender will be back; and, 4) to know if the offender knows the full extent of the crime. Typically the offender wants to: 1) minimize the crime; 2) justify the crime; 3) show that the crime really was not that serious; and, 4) divert blame from himself or herself. Accountability conferences will provide each party the opportunity to express what is important to them, and resolve issues. If a conference is to occur, it is important that the offender be ready to admit guilt. Juvenile court offer accountability conferences for property crimes and once mediators have gained enough experience they will undertake mediating other offenses. If the conference fails the case will be referred back to juvenile court. Volunteers will be utilized to assist with accountability conferences. The expected cost will be $45 per conference. The average time of preparing and conducting a conference is 5 hours, and the person shall be paid $9 an hour. 1995-97 Draft Report - Juvenile Court Process and Reappearance Rates Dr. Thompson informed the board that 33,081 cases were referred to juvenile court during 1995-97. There were about 16,300 different individuals in the database. The data indicates a reappearance rate of 41.8% with 58.2% appearing in the juvenile court once. The report also indicates that it took on average 46.9 days to conduct a disposition hearing after a juvenile was referred. However, the data showed that the average processing time depended on the judicial district the case was heard in (Attachment A). Evaluation of Keys to Innervisions Program Dr. Thompson provided the board with data relating to Keys to Innervisions. The data presented indicated the program is very successful. Youth who attend Keys programs reappear less than youth who do not go through Keys (Attachment B). Further evaluation of Keys to Innervisions will be completed to determine the long-term effect of the program. Juvenile Court Services Staffing Standards Greg stated that the Juvenile Court Services Staffing Project Final Report is almost complete. He noted that because of the courts limited resources and limited staff time, it may be necessary to out source services but maintain supervision capabilities. The court will need to examine how the supervision piece will be accomplished. Judge Jorgensen noted that the juvenile court may go from delivering services to a manager of resources. This process will be individualized to each community. Greg noted that he would like further comments regarding the staffing project. Having no further business, the meeting was adjourned.
JUVENILE POLICY BOARD
Ramada Inn, Fargo
May 4, 1999 Members Present
Judge Norman Backes, Chair
Judge Donald Jorgensen
Mary Hall
Dale ThompsonMembers Absent
Justice William Neumann
Judge Benny Graff
Judge Everett Nels OlsonGuests
Allen Albright
Janell Regimbal
Lloyd Suhr
Dr. Kevin Thompson
Tara Muhlhauser
Justice Mary Maring
Alyson SchmidtStaff
Greg Wallace