Mixing juvenile delinquents with abused youth is unhealthy

JUVENILE COURT JUDGES TO DECIDE ON EXPANDING ROLE Officials could serve troubled youths, seek federal aid
Monday, December 18, 2006 NEWS 03B
By Encarnacion Pyle THE COLUMBUS DISPATCH

A judges association has ruled that the state's juvenile courts can send troubled youths directly into foster care, opening the door for Franklin County to seek an additional $3 million a year in federal funding.

But it will be up to local judges to decide whether to pursue the money and expand the court's role.

"I still think there's a question of whether there is a conflict of interest," said Karen Casey, administrator for the Franklin County Court of Common Pleas including the Domestic Relations and Juvenile division. "How do you stay neutral when you're the agency placing the children and you receive money for those placements?"

Because of similar concerns, the Ohio Judicial Conference investigated the matter but found that it's ethical and even appropriate for court officials to serve as child-welfare workers.

Butler County officials had questioned whether courts might be violating the Ohio Constitution by taking over the children-services role for unruly and delinquent teens.

Franklin County Children Services has tried to persuade court officials since 1999 to become Title IV-E certified so they can pursue federal money.

"Today's juvenile-courts judges serve as 'wise and kindly parents' who should have the power to determine if it is in the best interest of children to be placed outside their homes," said Children Services Director John Saros. Judicial officials say they will reconsider the issue in January after the domestic relations court's two new judges, Chris Geer and Elizabeth Gill, join the bench.

Geer unseated Judge Carole Squire in the general election; Gill beat an opponent to replace Judge Kay Lias, who will retire at the end of the year.

Franklin County Juvenile Judge Dana S. Preisse said the Judicial Conference's letter simply represents the opinion of a select number of judges in the state.

"I don't think that every judge in the state's 88 counties feels as they do, and it certainly doesn't set the kind of precedent a ruling by the Supreme Court would," Preisse said. "A litigant could still challenge the decision in court. And if he or she won, we'd have a big problem."

Casey said she worries about taking on new responsibilities when the court has the highest number of cases and lowest number of judges in the state. Yet Children Services officials said the agency faces the challenge of dealing with as many as 310 kids on probation and thinks the court is shirking its responsibility.

"When the court sends us seriously delinquent, violent children, we sometimes have no choice but to mix them with kids who have been abused and neglected," said Kent Markus, chairman of the Children Services board. "It's unhealthy."

State officials stressed that counties must decide individually whether to join the program.

"The biggest benefit is it allows the counties that participate to stretch their money further to serve more kids with treatment needs," said Dennis Evans, spokesman for the Ohio Department of Job and Family Services. - ALL ABOUT THE MONEY

Twenty-five county juvenile courts have Title IV-E programs. Four others, including Butler County, which raised the initial concerns, are creating courts. And another eight have told the state they're interested, Evans said.

"We hope to have our program up and running by early spring," said Rob Clevenger Jr., director of the Butler County Juvenile Justice Center.

The court hopes to bring in an additional $400,000 a year to try to reduce how many serious juvenile offenders are rearrested. Officials are creating two programs that would provide services to offenders in their homes, schools and neighborhoods.

Cuyahoga County Juvenile Court hopes to receive $950,000 in reimbursements for administrative costs. "It's a promising program with good return, especially during tight budget years," Court Administrator Ken Lusnia said.

Others said it is important to get the "biggest bang out of taxpayer dollars."

"Instead of assuming public officials are unethical, I think we need to believe they're ethical," said Lucas County Juvenile Court Administrative Judge James Ray, who is a former president of the National Council of Juvenile and Family Court Judges. "And if they aren't, rat them out and get them out."