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

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. Caging Children in Crisis.

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

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  1. 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

  2. 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

  3. Developing Adolescent Brain Physical Intellectual Social Emotional

  4. A day in My so-called life

  5. 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?

  6. A Child in Harm’s Way! Juvenile Safety Juvenile Behavior (i.e. Power Struggles) High Risk for Suicide DSM-IV TR Diagnoses: * Trauma * Adjustment Disorders * Psychotic Disorders * Dissociative Disorders Attachment Disturbance Disturbance in Development: Physical, Cognitive, Emotional Lack of Educational Programming * General/Special Education Lack of Therapeutic Programming

  7. Child Resiliency – Not Impenetrable How does a child survive? Really Survive…

  8. 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?

  9. 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

  10. 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

  11. 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

  12. 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

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