Estrada 2013 El Modelo de Missouri

Francisco J. Estrada Vásquezhttp://justiciapenaladolescente.blogspot.com/

El modelo de MissouriAprendizajes desde el sistema de justicia juvenil de Missouri

UNIVERSIDAD DE CHILEFacultad de Ciencias SocialesEscuela de Psicología

Diplomado en Intervenciones especializadas con adolescentes

infractores de ley penal. 2013

Missouri abandonó las prisiones juveniles masivas en favor de pequeños establecimientos en la comunidad que enfatizan la terapia y no el castigo. Cuando es posible, los jóvenes son ubicados cerca de sus hogares de modo que sus padres puedan participar en su rehabilitación que incluye extensa. terapia de familia.

Los responsables de casos manejan por lo general entre 15 y 20 niños.

Waverly Regional Youth Center

The cost per child in Missouri is $50,000 a year, half the national average of other traditional juvenile prisons.

Waverly Regional Youth Center

El estado de Missouri ha creado un sistema de justicia juvenil que ha tenido tanto éxito en los últimos 30 años que se ha conocido como el "Milagro de Missouri.“”Lo constituyen una serie de prácticas que se combinan para hacer único el sistema de Missouri : Se compone sobre todo de pequeñas instalaciones, en general diseñadas para entre 10 y 30 jóvenes, cerca de los hogares de los jóvenes.Estas instalaciones no se parecen a las cárceles con las celdas tradicionales; sólo hay ocho celdas de aislamiento en todo el estado, que se utilizan raramente y sólo en situaciones de emergencia.

Marian Wright EdelmanPresident, Children's

Defense Fund

Antecedentes

Cuentan con un personal altamente capacitado y entrenado, que trabaja en equipo con pequeños grupos de jóvenes. Los jóvenes son tratados con respeto y dignidad, y en lugar de métodos correccionales más tradicionales, el sistema utiliza un modelo de rehabilitación y terapia que trabaja para enseñar a los jóvenes a hacer cambios positivos y duraderos en su comportamiento

Antecedentes

Lo logrado ha sido uno de los mejores resultados del país: menos del 8 por ciento de los jóvenes en el sistema de Missouri regresan a la cárcel luego de salir en liberta; y menos del 8 por ciento van a la cárcel de adultos. Un tercio de los jóvenes regresan a sus comunidades con un diploma de escuela secundaria o GED, y otro 50 por ciento retorna con éxito a la escuela

Antecedentes

Missouri's results have been so positive that Mark Steward, the visionary former director of the Missouri Division of Youth Services, founded the Missouri Youth Services Institute (MYSI) to help other jurisdictions across the country do what Missouri has done. But even with the proven success of the Missouri model, a set of myths persists implying that Missouri is somehow different from every other state and that its results can't be replicated. It's time to debunk those myths and for all states to stop making excuses and start doing the right thing for children.

Un hito importante se produjo en 1987, cuando la legislatura estatal creó una Junta Asesora de Servicios de carácter bipartidista, integrada por legisladores y expertos con la responsabilidad de planificar el tratamiento a jóvenes y los servicios disponibles en los centros (la oferta programática, en nuestra jerga)

Antecedentes

Elementos claves

1. Manejo continuo de casos, desde el proceso post arresto hasta el cuidado post egreso de cárcel (“after-care”);

2. Instalaciones residenciales pequeñas, descentralizadas (no más de 50 jóvenes con una población promedio de 20) dentro de 80 a 120 kms. de sus hogares;

Elementos claves

3. servicios dirigidos por pares en pequeños grupos de 10 a 12 jóvenes que permanecen juntos durante todas las actividades, comidas, y tratamiento durante toda su estancia, y

Elementos claves

4. enfoque de tratamiento de rehabilitación en el que no se utiliza ningún modelo de tratamiento específico, sino que cada joven tiene su propio plan de tratamiento que enfatiza los procesos de grupo.

Elementos claves

Missouri Juvenile Offender Classification System

The Missouri Juvenile Offender Classification System represents Missouri's effort to create an objective based decision-making strategy for managing youthful status and law violators referred to juvenile and family courts.

The complete classification system includes an empirically validated risk assessment for estimating a youthful offender’s relative likelihood of future delinquency, a classification matrix, which links the level of risk with offense severity to recommend graduated sanctions, and a needs assessment for identifying the underlying psychosocial needs of youth.


The system also includes a method for assessing juvenile offender adjustment to supervision through the use of a supervision reassessment form, and a set of web-based reports on the risk and needs characteristics of youthful offenders


Thirty-five of Missouri’s 45 judicial circuits are currently using the system for the purpose of case management decision-making and workload estimation, 20 of which utilize Missouri’s automated case management system (JIS), which provides for an automated version of the classification system.

The objective of the Risk Assessment Scale is to permit accurate classification of juvenile offenders referred to Missouri Juvenile Courts according to their likelihood of recidivating. Offenders are classified as being at Low, Moderate, or High risk for new offense behavior.

The risk scale is comprised of the following ten “risk factors” shown by research to be associated with offense behavior: Age at first referralPrior referralsPeer relationshipsFamily dynamicsSchool behaviorHistory of abuse and/or neglectReferrals for assaultHistory of out-of-home placementSubstance abuseHistory of parental incarceration

The aim of the Needs Assessment Scale is to identify the type and seriousness of psychosocial need presented by juvenile offenders. Currently, the needs scale addresses the following 16 areas relevant to the psychosocial development of youthful offenders:Behavior problemsAttitudeInterpersonal skillsHistory of abuse and neglectMental healthSubstance abuseSchool attendance/disciplinaryAcademic performanceLearning disorderEmploymentJuvenile's parental responsibilityPhysical healthParental management styleParental mental healthParental substance abuseSocial support

Missouri Revised StatutesChapter 219 Youth Services

Definitions.219.011. 1. As used in sections 219.011 to 219.086, unless the context clearly indicates otherwise, the following terms mean:(1) "Aftercare supervision", treatment and control of children in the community under the jurisdiction of the division;(2) "Board", the state advisory board of youth services;(3) "Child", a person under eighteen years of age;(4) "Commit", to transfer legal and physical custody;(5) "Community based treatment", a treatment program which is locally or regionally based;(6) "Department", the department of social services;(7) "Director", the director of the division of youth services;(8) "Division", the division of youth services.2. When consistent with the intent of sections 219.011 to 219.086, the singular includes the plural, the plural the singular and the masculine the feminine.


Responsibilities of division of youth services--rules, procedure.219.016. 1. The division is responsible within the terms of sections 219.011 to 219.086, for the prevention and control of juvenile delinquency and the rehabilitation of children.2. The division shall be responsible for the development and administration of an effective statewide comprehensive program of youth services. This shall include, but not be limited to:(1) Providing for the reception, classification, care, activities, education and rehabilitation of all children committed to the division;(2) Administering the interstate compact on juveniles;(3) Collecting statistics and information relating to the nature, extent, and causes of, and conditions contributing to the delinquency of children;(4) Evaluating existence and effectiveness of delinquency prevention and rehabilitation programs;


(5) Preparing a master plan for the development of a statewide comprehensive system of delinquency prevention, control and rehabilitation services;(6) Providing from funds specifically appropriated by the legislature for this purpose, financial subsidies to local units of government for the development of community-based treatment services;(7) Developing written instructional, informational, and standard setting materials relating to state and local delinquency prevention, control and rehabilitation programs, as herein provided;(8) Cooperating with and assisting within the scope of sections 219.011 to 219.086, other public and voluntary agencies and organizations in the development and coordination of such programs; and


(9) Upon request:(a) Assist local units of government in the development of community-based treatment services; and(b) Provide technical assistance and consultation to law enforcement officials, juvenile courts, and other community child care agencies.

3. The division shall be responsible for carrying out all functions, duties, and responsibilities pertaining to the prevention of juvenile delinquency as may be assigned to it by the director, including, but not limited to:(1) Comprehensive planning and provision of technical assistance for statewide and local programs for the diversion of children from the juvenile justice system, to the extent that diversion can be safely accomplished with due regard to the safety of the community and the well-being of the children involved;

Missouri Revised StatutesChapter 219 Youth Services(2) Developing programs for the training and development of professional, paraprofessional, and volunteer personnel in this field;(3) Cooperating with and assisting other agencies serving children and youth; and(4) Promoting the strengthening and expansion of those programs which have been shown to be effective in reducing juvenile crime.

4. The division shall cause to be made and maintained full and complete written records of all studies and examinations and of the conclusions and recommendations based thereon; of all major decisions and orders concerning the disposition and treatment of every child with respect to whom the division provides, or arranges to have provided, care, treatment, and supervision pursuant to sections 219.011 to 219.086; and to maintain records of all business transactions necessary for proper conduct and maintenance of the division.


5. The division is authorized to enter into arrangements with the federal government for the receipt of federal funds to carry out the purposes of sections 219.011 to 219.086 and, for the achievement of that objective, may enter into contracts and agreements with and submit such plans and reports to the federal government as may be required and which are not contrary to the provisions of this or any other act.

6. The division, pursuant to regulations promulgated by it, shall establish comprehensive training programs for persons employed by it or to be employed by it in carrying out the provisions of sections 219.011 to 219.086 and for persons employed or to be employed by agencies and organizations, both public and private, engaged in activities relating to the prevention of delinquency and the provision of care and treatment to delinquent children.


7. The division may provide the costs of stipends and tuition, allowances for travel and subsistence expenses and, with respect to employees of the division granted leave to undertake approved training, continuation of the salaries and other benefits of such employees.

8. The division may, at the request of the circuit court, provide or supplement juvenile court services for children in that circuit, the extent of the services to be specified by written agreement between the division and the court. Children who receive such services shall remain under the supervision of the juvenile court and shall not be committed to the division without full and proper hearing as provided under subsection 1 of section 211.171.


9. Upon the request of the division, with the written consent of the director of the department, the office of administration shall draw a warrant payable to the business manager of the division or any of its facilities, in an amount to be specified by the director of the department, not to exceed, however, the sum of four thousand dollars for each such facility. The sum shall be administered by the business manager as a revolving fund to be used in the payment of incidental expenses of the facility for which he has been appointed. All expenditures shall be made in accordance with rules and regulations established by the office of administration.

10. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.

Missouri Revised StatutesChapter 211 Juvenile

Courts Purpose of law--how construed.211.011. The purpose of this chapter is to facilitate the care, protection and discipline of children who come within the jurisdiction of the juvenile court. This chapter shall be liberally construed, therefore, to the end that each child coming within the jurisdiction of the juvenile court shall receive such care, guidance and control as will conduce to the child's welfare and the best interests of the state, and that when such child is removed from the control of his parents the court shall secure for him care as nearly as possible equivalent to that which should have been given him by them. The child welfare policy of this state is what is in the best interests of the child.


Courts Definitions.211.021. *1. As used in this chapter, unless the context clearly requires otherwise:(1) "Adult" means a person seventeen years of age or older except for seventeen-year-old children as defined in this section;(2) "Child" means any person under seventeen years of age and shall mean, in addition, any person over seventeen but not yet eighteen years of age alleged to have committed a status offense;(3) "Juvenile court" means the juvenile division or divisions of the circuit court of the county, or judges while hearing juvenile cases assigned to them;


Courts (4) "Legal custody" means the right to the care, custody and control of a child and the duty to provide food, clothing, shelter, ordinary medical care, education, treatment and discipline of a child. Legal custody may be taken from a parent only by court action and if the legal custody is taken from a parent without termination of parental rights, the parent's duty to provide support continues even though the person having legal custody may provide the necessities of daily living;(5) "Parent" means either a natural parent or a parent by adoption and if the child is illegitimate, "parent" means the mother;


Courts (6) "Shelter care" means the temporary care of juveniles in physically unrestricting facilities pending final court disposition. These facilities may include:(a) "Foster home", the private home of foster parents providing twenty-four-hour care to one to three children unrelated to the foster parents by blood, marriage or adoption;(b) "Group foster home", the private home of foster parents providing twenty-four-hour care to no more than six children unrelated to the foster parents by blood, marriage or adoption;(c) "Group home", a child care facility which approximates a family setting, provides access to community activities and resources, and provides care to no more than twelve children;


Courts (7) "Status offense", any offense as described in subdivision (2) of subsection 1 of section 211.031.

2. The amendments to subsection 1 of this section, as provided for in this act**, shall not take effect until such time as appropriations by the general assembly for additional juvenile officer full-time equivalents and deputy juvenile officer full-time equivalents shall exceed by one million nine hundred thousand dollars the amount spent by the state for such officers in fiscal year 2007 and appropriations by the general assembly to single first class counties for juvenile court personnel costs shall exceed by one million nine hundred thousand dollars the amount spent by the state for such juvenile court personnel costs in fiscal year 2007 and notice of such appropriations has been given to the revisor of statutes.


Courts Juvenile court commissioner, appointment, where, term, compensation.211.023. In each county of the first class having a charter form of government, except those counties having a family court as provided in sections 487.010 to 487.190, a majority of the circuit judges, en banc, may appoint one or two persons who shall have the same qualifications as a circuit judge to act as commissioners. The commissioners shall be appointed for a term of four years. The compensation of a commissioner shall be the same as set by law for associate circuit judges of the county for which they are appointed, payable by the state, and the commissioners shall devote full time to such duties.


Courts Rights of child when taken into custody (Miranda warning)--rights of child in custody in abuse and neglect cases.211.059. 1. When a child is taken into custody by a juvenile officer or law enforcement official, with or without a warrant for an offense in violation of the juvenile code or the general law which would place the child under the jurisdiction of the juvenile court pursuant to subdivision (2) or (3) of subsection 1 of section 211.031, the child shall be advised prior to questioning:(1) That he has the right to remain silent; and(2) That any statement he does make to anyone can be and may be used against him; and(3) That he has a right to have a parent, guardian or custodian present during questioning; and(4) That he has a right to consult with an attorney and that one will be appointed and paid for him if he cannot afford one.


Courts 2. If the child indicates in any manner and at any stage of questioning pursuant to this section that he does not wish to be questioned further, the officer shall cease questioning.

3. When a child is taken into custody by a juvenile officer or law enforcement official which places the child under the jurisdiction of the juvenile court under subdivision (1) of subsection 1 of section 211.031, including any interactions with the child by the children's division, the following shall apply:


Courts (1) If the child indicates in any manner at any stage during questioning involving the alleged abuse and neglect that the child does not wish to be questioned any further on the allegations, or that the child wishes to have his or her parent, legal guardian, or custodian if such parent, guardian, or custodian is not the alleged perpetrator, or his or her attorney present during questioning as to the alleged abuse, the questioning of the child shall cease on the alleged abuse and neglect until such a time that the child does not object to talking about the alleged abuse and neglect unless the interviewer has reason to believe that the parent, legal guardian, or custodian is acting to protect the alleged perpetrator. Nothing in this subdivision shall be construed to prevent the asking of any questions necessary for the care, treatment, or placement of a child; and


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(2) Notwithstanding any prohibition of hearsay evidence, all video or audio recordings of any meetings, interviews, or interrogations of a child shall be presumed admissible as evidence in any court or administrative proceeding involving the child if the following conditions are met:

(a) Such meetings, interviews, or interrogations of the child are conducted by the state prior to or after the child is taken into the custody of the state; and


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(b) Such video or audio recordings were made prior to the adjudication hearing in the case. Nothing in this paragraph shall be construed to prohibit the videotaping or audiotaping of any such meetings, interviews, or interrogations of a child after the adjudication hearing; and

(3) Only upon a showing by clear and convincing evidence that such a video or audio recording lacks sufficient indicia of reliability shall such recording be inadmissible.The provisions of this subsection shall not apply to statements admissible under section 491.075 or 492.304 in criminal proceedings.


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Arrested child taken before juvenile court--transfer of prosecution to juvenile court--limitations on detention of juvenile--detention hearing, notice.211.061.

1. When a child is taken into custody with or without warrant for an offense, the child, together with any information concerning the child and the personal property found in the child's possession, shall be taken immediately and directly before the juvenile court or delivered to the juvenile officer or person acting for him.


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2. If any person is taken before a circuit or associate circuit judge not assigned to juvenile court or a municipal judge, and it is then, or at any time thereafter, ascertained that he or she was under the age of seventeen years at the time he or she is alleged to have committed the offense, or that he or she is subject to the jurisdiction of the juvenile court as provided by this chapter, it is the duty of the judge forthwith to transfer the case or refer the matter to the juvenile court, and direct the delivery of such person, together with information concerning him or her and the personal property found in his or her possession, to the juvenile officer or person acting as such.


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3. When the juvenile court is informed that a child is in detention it shall examine the reasons therefor and shall immediately:(1) Order the child released; or(2) Order the child continued in detention until a detention hearing is held. An order to continue the child in detention shall only be entered upon the filing of a petition or motion to modify and a determination by the court that probable cause exists to believe that the child has committed acts specified in the petition or motion that bring the child within the jurisdiction of the court under subdivision (2) or (3) of subsection 1 of section 211.031.


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4. A juvenile shall not remain in detention for a period greater than twenty-four hours unless the court orders a detention hearing. If such hearing is not held within three days, excluding Saturdays, Sundays and legal holidays, the juvenile shall be released from detention unless the court for good cause orders the hearing continued. The detention hearing shall be held within the judicial circuit at a date, time and place convenient to the court. Notice of the date, time and place of a detention hearing, and of the right to counsel, shall be given to the juvenile and his or her custodian in person, by telephone, or by such other expeditious method as is available.


Courts Secure detention, limitations--probable cause hearing required, when--definitions--application of law.211.063. 1. A child accused of violating the provisions of subdivision (2) of subsection 1 of section 211.031 shall not be held in a secure detention placement for a period greater than twenty-four hours, excluding Saturdays, Sundays and legal holidays, unless the court finds pursuant to a probable cause hearing held within that twenty-four-hour period, that the child has violated the conditions of a valid court order and that:(1) The child has a record of willful failure to appear at juvenile court proceedings; or

(2) The child has a record of violent conduct resulting in physical injury to self or others; or

(3) The child has a record of leaving a court-ordered placement, other than secure detention, without permission.


Courts 2. As used in this section, the following terms mean:

(1) "Secure detention", any public or private residential facility used for the temporary placement of any child if such facility includes construction fixtures designed to physically restrict the movements and activities of children held in the lawful custody of such facility;

(2) "Valid court order", an order issued by a court of competent jurisdiction regarding a child who has been brought before the court, which sets forth specific conditions of behavior for the child and consequences of violations of such conditions.


Courts 3. This section shall not apply:(1) To a child who has been taken under the jurisdiction of the court pursuant to subdivision (3) of subsection 1 of section 211.031; or

(2) To a child who was adjudicated pursuant to subdivision (3) of subsection 1 of section 211.031 after being taken under the jurisdiction of the court; or

(3) To a child who is currently charged with a violation under subdivision (3) of subsection 1 of section 211.031.


Courts Petition in juvenile court--contents--dismissal, juvenile officer to assess impact on best interest of child.211.091.

1. The petition shall be entitled "In the interest of ............., a child under seventeen years of age" or "In the interest of ..........., a child seventeen years of age" or "In the interest of ................, a person seventeen years of age" as appropriate to the subsection of section 211.031 that provides the basis for the filing of the petition.


Courts 2. The petition shall set forth plainly:(1) The facts which bring the child or person seventeen years of agewithin the jurisdiction of the court;

(2) The full name, birth date, and residence of the child or person seventeen years of age;

(3) The names and residence of his or her parents, if living;

(4) The name and residence of his or her legal guardian if there be one, of the person having custody of the child or person seventeen years of age or of the nearest known relative if no parent or guardian can be found; and

(5) Any other pertinent data or information.


Courts 3. If any facts required in subsection 2 of this section are not known by the petitioner, the petition shall so state.

4. Prior to the voluntary dismissal of a petition filed under this section, the juvenile officer shall assess the impact of such dismissal on the best interests of the child, and shall take all actions practicable to minimize any negative impact.


Courts Qualifications of juvenile officer, how determined--effect on persons now in office.211.361. 1. Whenever the need arises for the appointment of a juvenile officer, the juvenile court shall either:(1) Provide, by rule of court, for open competitive written and oral examinations and create an eligible list of persons who possess the qualifications prescribed by subdivision (2) and who have successfully passed such examination; or(2) Appoint any person over the age of twenty-one years who has completed satisfactorily four years of college education with a major in sociology or related subjects or who, in lieu of such academic training, has had four years or more experience in social work with juveniles in probation or allied services.


Courts 2. This section does not terminate the existing appointment nor present term of office of any juvenile officer or deputy juvenile officer in any county, but it applies to any appointment to be made after the existing appointment or term of office of any incumbent terminates or expires for any reason whatsoever.

Referencias:

http://www.npr.org/templates/story/story.php?storyId=15784264

http://missouriapproach.org/

http://www.courts.mo.gov/page.jsp?id=1741

http://www.nytimes.com/2009/03/27/us/27juvenile.html?pagewanted=all&_r=0

http://www.dss.mo.gov/dys/index.htm

Estrada 2013 El Modelo de Missouri

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