Juvenile Court -
Collect and regularly publish data regarding the number of minors who appear in court for daytime curfew citations, dispositions related to such appearances, and the age, race, ethnicity, and gender of the minors cited.
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Reform the Informal Juvenile and Traffic Court process to focus on solutions and supports rather than fines and court appearances.
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Students who preemptively engage in community and resource-based programs should be able to submit proof of participation to the court and obtain a dismissal without a court appearance, to avoid court involvement and missing time in school.
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Young people, including those over 18, who cannot afford to pay existing fines should be given an opportunity to provide proof of graduation from high school, a GED, or engagement in a community program or community service to eliminate the fines.
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Dismiss citations for youth who can show that they are on the way to school or on school grounds at the time of the citation.
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Focus on directing students to community-based services and resources and eliminate the use of fines.
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Provide a packet of information to youth and families (in English and Spanish) that includes a revised statement of legal rights, a notice of the charge and defenses, and a survey of interventions and supports they have received in relation to truancy.
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Ensure that court referees explain to every student that they have a right to a hearing before asking whether the student admits guilt.
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Ensure that each hearing is recorded, if not transcribed, and that rights are explained consistently and accurately to the students and families to ensure that students’ due-process rights are protected.
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Ensure a written decision explaining the factual bases for the finding that the student violated LAMC 45.04, finding that none of the valid exceptions in LAMC 45.04(b) apply, finding that the citing police officer complied with 45.04(c) before issuing the citation, and acknowledging all arguments the student provided as to why the ticket should be dismissed.
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Ensure that court referees explain the right to appeal, and timelines for doing so, if the student contests guilt and is found guilty.
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Ensure that judicial officers engage youth and parents in order to understand the root causes of truancy.
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Judicial officers should receive training regarding the variety of underlying causes for truancy, including academic struggles, negative school environments, safety issues, health concerns, and chaotic homes.
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Court policies and actions should:
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Focus on the root causes for attendance issues
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Encourage targeted interventions that promote engagement in school
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Recognize that a sole focus on the behavior itself can unintentionally cause more harm than good by increasing a student’s exclusion from school
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Help ensure education stability.
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The court should be made aware immediately of any proposed change in school for youth under its jurisdiction and the reasons for the proposal.
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Proposed school changes should be carefully evaluated so as to minimize disruption and loss of credits.
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Court actions should, whenever possible, promote the student’s engagement in their current school, unless that is not in the youth’s best interests.
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Document absences.
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All reports to the dependency and delinquency courts should document that the social worker or probation officer has monitored the student’s school attendance and, if the student exhibits a significant absence problem (for example, 10 percent or more unexcused school days within a period of at least 60 days, or 20 percent or more of a combination of unexcused/excused school days within that same period), that the social worker or probation officer has attempted to schedule a meeting with the student and relevant school staff to discuss the attendance issue and create an attendance plan.
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If students have attendance issues, judicial officers should craft orders to ensure that the social worker or probation officer works with the student and the school to identify the underlying issues leading to the attendance problem and address them through effective interventions and supports. In dealing with youth with attendance issues, courts should:
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Determine and address the root causes of unexcused absences, such as any health issues of the youth or family members, real or perceived safety issues at school or in transit, the level of family support for educational values, peer influence, and substance abuse by the youth or family members.
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Ask social workers and probation officers what steps they have taken to address truancy and ensure that the youth attends school.
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Refer youth to a 317(e) education panel of attorneys for follow-up action and advocacy to enforce the child’s legal rights, where appropriate.
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Assist in expanding needed services and supports and youth connections to them.
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Ensure that youth with truancy issues are brought to court at a time that minimally interferes with school classes.
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Ensure that incarceration is never used as a sanction for poor attendance.
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The court should see that the Department of Children and Family Services and the Probation Department develop policy directives to ensure that judicial officers receive the information specified in this recommendation.
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Collect and make public data regarding the number of minors cited by city police departments, school police, and the Sheriff’s Department for daytime curfew offenses, along with the location and time of the citation and the age, ethnicity, race, and gender of the minors cited.
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Ensure that the primary focus in dealing with truant youth is getting students back to school and engaged in positive activity linked to community resources.
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Expand programs that connect at-risk youth with mentoring and other services.
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Develop protocols for dealing with truant youth that are different from traditional delinquency enforcement models.
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Include local prosecutors in developing a strategies related to truancy prosecution and enforcement.
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Develop information-sharing protocols among prosecutors’ offices so that students are adequately tracked and protected when they do not attend school.
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Improve interagency data-sharing so that school districts and city and county agencies have as much information as possible before making decisions that will affect specific youth.
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