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New group aims to prevent many from enetering juvenile justice system

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Ten to 15 years ago, a school yard fight usually led to after-school detention or a couple of Saturdays spent in the classroom. But as zero tolerance policies have grown and as children are treated more and more as adults, the reaction to normal young peoples’ behavior has become harsher and, in many instances, is paving the way to prison.

 A number of federal and state agencies along with nonprofit organizations are working to help regain the youths’ footing after they stumble into trouble. Now, a new nonprofit has been formed with a focus on preventing children and teenagers from entering the juvenile justice system.

nonprofit03-15col.jpg Attorneys Deborah Agard, left, and JauNae Hanger serve as vice chair and chair of the Children’s Policy and Law Initiative board of directors.(IL Photo/ Dave Stafford)

The Children’s Policy and Law Initiative is bringing together lawyers, social workers and child advocates from around the state to work on changing the policies and laws that some feel are too punitive and criminalizing children. Leaders of the new group want to put a variety of stakeholders at the same table to do the research and determine the best practices and then push schools and the Indiana Legislature toward reform.

 JauNae Hanger, civil rights attorney in Indianapolis, is one of the founders of CPLI and is currently serving as chair of the board of directors. She explained the organization does not want to prevent all kids from going into the juvenile justice system because some deserve to be there. However, CPLI believes too many young people are entering the system and more are at risk of entering.

 “We’re not trying to change the world,” she said. “We’re realistic, but over time, you can make a big impact.”

 Members of CPLI worked for the better part of a year to get their new nonprofit in place and ready to introduce itself. The organization held a reception in mid-December which attracted an estimated 70 individuals, and Hanger has plans to contact and meet other groups to forge alliances and work on common goals.

 In addition, CPLI is also looking for funding sources to make itself sustainable and, eventually, to be able to hire administrative staff.

A pipeline to jail

One main entrance to the juvenile justice system is school. Suspensions and expulsions have replaced detention, and offenses on school grounds are often leading to arrests of children and incarceration. Minority and special needs students are impacted disproportionally by school discipline policies in Indiana and throughout the country.

 As an example of the punishment overreaching the infraction, Carole Craig, Greater Indianapolis NAACP education co-chair and CPLI board member, pointed to a recent incident involving four minority youths.

 During the summer, an Indianapolis high school was undergoing some renovation and the four teenagers wandered inside through an unlocked door and played basketball in the gym. School officials subsequently charged the four with trespassing and suspended one for the entire fall semester and the other three for nine weeks. Craig and her colleagues at the NAACP intervened and were able to get all the youngsters reinstated.

The belief that such harsh treatment creates a better climate in the schools is, in fact, a myth, Craig said. Having more than 30 years of tenure as a middle school science teacher and school principal, she maintains children, regardless of their ethnicity, socioeconomic standing and even their home life, are all capable of learning and meeting high expectations.

 Instead, schools are relying on suspensions and expulsions for mostly minor offenses which puts students either home alone or wandering the streets and disengages them from education. Multiple suspensions have been shown to increase the likelihood of contact with the juvenile justice system, creating the school-to-prison pipeline.

 “We have lost our perspective on this issue,” Hanger said. “We wouldn’t go around arresting adults for innocent acts. Why are we arresting our children?”

 The issue of the school-to-prison pipeline stepped into the national spotlight in December when the U.S. Senate Judiciary Committee’s Subcommittee on the Constitution, Civil Rights and Human Rights held the first-ever congressional hearing on the topic. No one from CPLI testified, but the organization is focusing on the pipeline problem because this is how many juveniles are entering the jails.

CPLI members emphasize many agencies, including the Indiana Department of Correction, and other nonprofits are working with teens and building programs to help the youngsters in the justice system get on the right path to being a productive adult. Yet, CPLI sees a gap in the effort in that no single statewide organization is focused on changing policy.

 “We’re not sitting here saying the system is broken,” said Indianapolis attorney and vice chair of the CPLI board Deborah Agard. “There are a lot of positive changes, but the momentum needs to pick up and make things happen sooner.”

 Policy changes difficult

The CPLI wants to be an independent voice that takes a step back to look at the entire picture then builds consensus and makes recommendations to the General Assembly for changes in laws and polices.

 “When we talk about reforming the juvenile justice system, we’ve got to be realistic,” Hanger said. “It’s going to take awhile. We can’t force reform on people. We’ve got to bring people along.”

 While innovative programs are being implemented in certain parts of the state, there are few comprehensive statewide policies and efforts to prevent the criminalization of children. This, in turn, creates a system of justice by geographical jurisdiction which can become at risk if the people committed to such changes are replaced or retire.

 A key to making statewide change is follow-through. CPLI emphasizes it must evaluate any laws passed to ensure they are yielding the intended results. And, as the history of House Enrolled Act 1193 illustrates, evaluation must be done to ensure the new laws are being implemented and keep all interested parties aware of any progress or setbacks.

This particular bill created a work group charged with making recommendations concerning law enforcement, school policing and youth.

 The Indiana State Bar Association had been heavily involved in HEA 1193 and many were elated when it passed and was signed into law. However, the group never met and, Hanger said, the law was repealed during the 2012 session.

 As required by the law, the Indiana Supreme Court made its appointments to the work group as did the Indiana attorney general and the Legislature, but the governor did not. Gov. Mitch Daniels never appointed the chair and so, the group never convened and no recommendations came forth.

 “Is the lesson we can’t do it in this state?” Hanger asked. “No, but I think the lesson is we have to be a little bit more organized.”•

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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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