Can anyone clarify what the legislature meant by non-offenders? (keeping non-offenders over 24 hours will now subject probation officers to civil and criminal penalties)
Is that strictly illegal aliens, or are runaways, truants, etc. included?
What about out of state runaways who are detained pending parents to come and get them, or issues where the judge holds someone over until parent comes for them?? There are times when a parent doesn't show up, and if there are no shelter beds available, do we just kick the kid out on the street??
What happens if I non-suit or dismiss a case where the kid is in detention, and juvenile probation department is not notified until 48 hours later? (we try to avoid this, but it has been known to happen)
Thanks in advance for your input!
The definition of a nonoffender is found in Fam. Code Sec. 51.02(8). A nonoffender is a child who "is subject to jurisdiction of a court under abuse, dependency, or neglect statutes under Title 5 for reasons other than legally prohibited conduct of the child" or "has been taken into custody and is being held solely for deportation out of the United States."
Also, 54.011 speaks to secure detention or secure correctional facilities. Maybe, there is a less restrictive environment than a detention center?
CPS has a shelter in our county that we release non-offenders to. Problems will come up under this new law with non-offenders who are on the run, addicted to drugs, or violent. The good side of this is that it will keep innocent juveniles out of detention centers. I heard that in New Jersey there were a lot of juveniles who were locked up for weeks and even months while social service providers looked for placement.
|Powered by Social Strata
© TDCAA, 2001. All Rights Reserved.