Teaching Intro to Juvenile Law in Street Law

 

Being a Street Law instructor involves teaching teenage youth. This is a group of people whose laws if charged as a juvenile is separate from adult law. Many may not know, where some may. Regardless of the importance of teaching the youth about the processes and procedures of their “separate” laws, typically based on policy or precedent, can be important to developing their advocacy skills.

An important aspect to teach the students in Street Law is about representation by a lawyer for a juvenile defender. First and foremost, if ever questioned by a police officer when being detained for a possible crime or suspect to one ask for representation. Typically, when telling the students about asking for a lawyer in the street law course many students are curious to know when to know to ask for a lawyer when being questioned by an officer. The response to this, is the person who is being questioned needs to ask the officer, “am I free to leave?” If the officer responds no, then that is when you may ask for a lawyer.

This typically leads to Miranda Warnings and students’ rights at school. To be able to teach Miranda is very important in knowing one’s rights when being questioned by law enforcement. When teaching the students about Miranda Warnings, usually the lesson will involve the difference between casual conversation, reasonable suspicion, and probable cause. There are many activities done with the students during this lesson to understand the actions that lead to custody and know when Miranda Warnings should be read to them.

When discussing how to get representation, an important policy to bring up with the students from Texas is the Fair Defense Act which “requires each county’s juvenile board to adopt a plan for the appointment of counsel to youth whose families are unable to afford counsel and sets out basic guidelines for the appointment process.” To know that there is a strong possibility of help when coming from a low-income or socioeconomic background can be reassuring with getting representation.

Another important aspect of juvenile defense that can be taught in Street Law is about representation when it comes to mental health disorders. The importance has to do with the rehabilitation of the juvenile towards their actions if they are the culprit of their alleged crime. It is important that the juvenile defense lawyer gets this information and if the juvenile defender fails to ask, it is important for the juvenile to tell the lawyer. This may be a step that is possibly forgotten from time to time and is imperative to help the charged juvenile. When there is a possibility that the charged juvenile has a mental health disorder, once it is told to the lawyer then it may be important to get an evaluation. The outcome of this evaluation will help the court make a better decision towards the charged juveniles’ well-being and the juvenile’s rehabilitation efforts if convicted of the crime.

Juvenile Law is very broad and can be applicable in many situations for teenagers and youth. For them to understand their basic constitutional rights can help in many different situations. Teaching this lesson will empower youth to advocate for themselves in many situations.

National Juvenile Justice Network is Hosting Several Events throughout October

In a Proclamation from the White House, President Biden officially claimed October 2021 as National Youth Justice Action Month. He called on Americans to “observe this month by taking action to support our youth and by participating in appropriate ceremonies, activities, and programs in their communities.” [1] Heeding that call, I have provided events and actions that we can take throughout the month (and beyond) to support this year’s mission, “Acting to End Racism: Pursuing Equity through Policy.”[2]

  • The National Juvenile Justice Network is hosting several events throughout the month:
  • Tuesday, Oct. 12th 3:00-4:30 PM ET “Treat Kids as Kids: Stop the Adult Criminalization of Youth.” This workshop will focus on policy changes that ensure youth are not treated like adults, including ending youth interrogations, direct file reform, and repealing Juvenile Life Without Parole laws.
  • Monday, Oct. 18th 3:00-4:30 PM ET “Care Not Cages: Invest in Families and Community.” This workshop will focus on how states have begun closing youth prisons, ending contracts with for-profit residential treatment centers, and committed to reducing use of congregate care.
  • Monday, Oct. 18th through Friday, October 22nd “Virtual Hill Visits.” Participants are encouraged to schedule meetings with their federal delegations to discuss important youth justice issues. NJJN will provide information/training on pending federal legislation and materials.

To register for workshops, please visit https://www.tfaforms.com/4926781.

  • The Texas Network of Youth Services is hosting a Town Hall on Tuesday, Oct. 19th from 3:00-4:00 PM CDT where they will “explore how youth-serving providers can prevent justice involvement and best support young people involved in the juvenile justice system.” For information and to RSVP, please visit http://tnoys.org/events/.
  • Support legislation aimed at reinvesting in America’s Youth. As part of his Fiscal Year 2022 budget, President Biden proposed $800 million for juvenile justice and youth reentry programs. If passed, this would be the highest allocation in the history of the Juvenile Justice and Delinquency Protection Act.[3] Contact your Members of Congress and demand they pass a budget that adequately addresses the needs of our children.

Now more than ever, we must make our voices heard to protect and advocate for our children. Please join us during this #YJAM to do just that.

[1] https://www.whitehouse.gov/briefing-room/presidential-actions/2021/09/30/a-proclamation-on-national-youth-justice-action-month-2021/

[2] https://www.tfaforms.com/4926781

[3] https://www.juvjustice.org/blog/1339

LGBT Youth Exist, are Overrepresented in the Foster Care & Juvenile Systems, and Deserve Protections

 

Despite campaigning on promises to protect and support the LGBTQ community, the Trump Administration has sought out to harm LGBT folks since his inauguration in 2017 weaponizing various policy initiatives and a cabinet of notoriously anti-LGBTQ politicians against the community. While largely aimed at LGBTQ adults, these attacks have also hurt LGBT youth. Despite making up only 9.5 percent of youth in the US, percent of LGBTQ Youth are disproportionality represented in both the Foster Care and Juvenile Systems. In a recent study of California youth grades 6-12, researchers found over 30% of youth living in foster care identified as LGBTQ. While not widely researched, it is estimated that 20% of all youth in juvenile justice facilities are LGB. Additionally, LGBT Youth are 120% more likely to experience homelessness. These youth are particularly vulnerable youth are in dire need of increased protections, and the incoming Biden-Harris administration is in an excellent position to provide just that.

The Obama administration did some work to help LGBT youth, including issuing anti-bullying guidance through the Department of Education and a Dear Colleague letter containing legal guidelines that reaffirmed the rights of LGBT youth in schools. These advancements, at the time seemingly indicative of progress tirelessly pursued by the LGBTQ community, were quickly stripped away by the Trump administration.
Trump Administration’s Harmful Policies Affecting LGBT Youth

  • The U.S. Departments of Justice and Education revoked the Obama Administration’s guidance detailing school obligations to transgender students under Title IX of the Education Amendments of 197
  •  Housing and Urban Development (HUD), withdrew two notices impacting LGBT people: the first requirement for emergency shelters receiving HUD funding to post information about LGBTQ people’s rights to access shelter safely, and the second being critical data collection and implementation guidelines for a homelessness prevention initiative targeting LGBTQ youth.
  • Department of Health and Human Services (HHS) attempted to remove language protecting the rights of LGBTQ folks to access programs funded by HHS including child welfare services and openly announced protections would only be granted to types of discrimination already banned by federal statute. In 2019, at the time of this announcement, discrimination based on sexual orientation and gender identity were not yet statutorily protected. Shortly thereafter the Trump administration issued a waiver to the same effect to the state of South Carolina, prompting outrage from the House Ways and Means Committee for the “intentional” violation of a congressional mandate to act in the best interests of children. The combined result of these actions was that otherwise qualified families could be turned away-with little to no recourse- from adopting or fostering youth from federally funded welfare programs on the basis of the prospective parent(s)’ sexual or gender identity, leaving LGBT youth with even fewer options for loving, affirming homes. HHS rule overturning Obama-era protections against LGBT discrimination in healthcare. The rule would have allowed the HHS to adhere to biological definitions of sex meaning male or female, completely disregarding an earlier regulation that accounted for an individual’s gender identity. Fortunately, a federal judge blocked the ruling stating that the move directly opposed the SCOTUS decision in Bostock v. Clayton County.
  • Ed Dept. memo that Bostock ruling doesn’t apply to children or Title IX cases (though the memo does state that Bostock may be used to guide cases depending on circumstance)
  • HUD allowance for discrimination against transgender individuals and youth in single-sex accommodations for homeless individuals.

Today, the Biden-Harris administration has the opportunity to step-up and help protect LGBT youth, and so far it looks like they might do just that. On his first day in office, President Joe Biden issued a sweeping executive order protecting LGBTQ folks from discrimination in schools, housing, the workplace and healthcare. Though the order falls directly in line with the June 2020 SCOTUS ruling in Bostock v. Clayton County, backlash from conservative and religious groups alike have begun, with both groups claiming their rights – or those of women – are being erased or threatened by the choice to uphold LGBTQ rights. While promises to pass the hotly contested Equality Act within the first 100 days of his presidency have recently been rescinded due to difficulties with a newly democratic senate, the Biden administration remains openly optimistic that the act will be passed sooner rather than later, codifying protection from discrimination based on sexual orientation and gender identity into federal law in the areas of federally funded programs and public accommodations which are not covered under the most recent executive order.

The Human Rights Campaign has set forth a list of demands for the new administration, which includes calls to protect LGBTQ youth in foster care, create a comprehensive federal definition of bullying which would include sexual orientation and gender identity, and an end to the violent practice of conversion therapy. This is especially important for LGBT youth, considering that in 2020, of the 10% of LGBT youth that reported undergoing conversion therapy, roughly 78% of them reported their experiences took place before age 18. The practice has long been debunked as an effective method of “therapy” and instead carries an increased risk of suicide for those who have been subjected to it. Once more, this risk is amplified in youth. The passage of the Equality Act would address this as well as the neglect and harm experienced by LGBT youth in foster care, homeless shelters, and the criminal justice system. Only time can tell for sure whether or not Biden will honor the promises to push for total equality made on the campaign trail, but to those watching closely, this presidential term already seems promising.