Clayton County, GA - Juvenile Court

ORGANIZATION

Judicial Activity
Office of the Clerk
Intake Section
- Delinquent and Unruly Cases
- Deprived Cases
Probation Section

JUDICIAL ACTIVITY

The Clayton County Juvenile Court is served by three full-time Juvenile Court Judges with the Honorable K. Van Banke serving as Chief Judge.

The Judges in the Juvenile Court hear all cases that come under its jurisdiction. This includes the arraignment, adjudication, and disposition hearings in matters of delinquency, unruliness, deprivation and traffic. Detention hearings, to determine whether or not a child must remain in the detention facility pending further court action, are another responsibility of the judges.

In addition to these types of cases, the Juvenile Court judges are called on to hear a variety of special proceedings cases. These cases involve special circumstances such as permission to marry, extensions of custody, waiver of parental notification of abortion, expungement of a person's name from the state child abuse registry and the termination of parental rights.

Of these special proceedings, perhaps the most extreme is the termination of parental rights. These highly emotional and sensitive cases involve the severance of any and all relationship between a parent and a child, opening the door to the possible adoption of the child. During the year 2007 there were 20 cases where parental rights were terminated. The judges of the Juvenile Court are responsible for issuing all orders of the Court as well as bench warrants, pick-up orders and ex parte orders.

CHIEF JUDGE K. VAN BANKE
Currently, K. Van Banke serves as the Chief Judge of the Juvenile Court of Clayton County. Judge Banke was appointed as Chief Judge in July 1999 upon the retirement of Chief Juvenile Court Judge Martha K. Glaze. He was appointed as Clayton County's first full-time referee to the Juvenile Court in January 1989 and then appointed as judge in July 1995. Judge Banke has served continuously with the Clayton County Juvenile Court since 1989.

Since his appointment in 1989, Judge Banke has been actively involved in numerous judicial organizations including The National Council of Juvenile and Family Court Judges.

JUDGE DEITRA BURNEY-BUTLER
Deitra Burney-Butler was appointed to the Juvenile Court bench to begin service on January 1, 2009. Judge Burney-Butler currently sits as the Chairman of the Disproportionate Minority Contact section of the Juvenile Detention Alternative Initiative. Judge Butler also sits as the Co-chairman of the Truancy Protocol Committee of Clayton County. Judge Burney-Butler is a member of both the Georgia and Colorado Bar Associations, in addition to many community and religious organizations.

JUDGE STEVEN C. TESKE
Steven C. Teske was appointed Associate Judge with the Clayton County Juvenile Court in July 1999 and appointed judge in July 2003. While on the bench, he has received the Scales of Justice Award from the National Association of Legal Professionals for "conduct that exemplifies the hallmark professionalism and ethical standards and inspires public confidence in the legal system," the Judge Romae T. Powell Award from the Georgia Association of Juvenile Services Association, the Community Service Award by the Clayton County Chapter of the NAACP, and the Atlanta Journal-Constitution Hero of Open Government Award.

He served as the President of the Georgia Council of Juvenile Court Judges in 2008. Judge Teske was appointed by the Governor to the Board of Georgia Children and Youth Coordinating Council representing the 13th Congressional District and also serves as Vice-Chair of the Board and currently serves as a representative for the state of Georgia on the Federal Advisory Committee on Juvenile Justice for the United States Department of Justice’s Office of Juvenile Justice and Delinquency Prevention.

He has written articles for national journals titled "Reducing Detention Using Collaborative Strategies: It takes a Community!" published in Juvenile and Family Justice Today and "Using Collaborative Strategies to Reinvent Juvenile Justice," published by The Link and "CASA: Watchdogs for the Abused and Neglected" published in @ Law. He is featured in an article titles "Front-End Loading with Detained Juveniles in Clayton County, Georgia: Centerpiece of a Forward-Looking Stratagem" published in Juvenile Justice Update and written by retired Denver Juvenile Judge Ted Rubin.

OFFICE OF THE CLERK OF COURT

The Clerk oversees a staff consisting of a Receptionist, an Assistant Clerk, and eight Deputy Clerks who perform a wide variety of important duties. The Clerk’s office has the responsibility for the maintenance of all juvenile records. All cases coming into the Court are processed through the Clerk’s office and files are forwarded to the appropriate department.

The Clerk’s office is responsible for recording all traffic citations, complaints, petitions, motions and orders filed in the Juvenile Court. The tasks of typing delinquent and unruly petitions, assigning court appointed attorneys, scheduling hearings, issuing summons, notifying attorneys, scheduling interpreters, preparing calendars and recording case dispositions are also the responsibility of the clerk’s office. In 2009, 6,047 complaints were filed, 2,408 petitions were processed, 4,626 hearings were scheduled, and 5,353 dispositions were entered.

The Clerk is responsible for the receipt and disbursement of monies for all court-ordered payments. These payments include restitution, child support, translator reimbursement, traffic fines, attorney fees, publication fees, copy fees and supervision fees.

The Clerk’s office prepares records when cases are transferred to another court and prepares transcripts for appeals as required.

The confidentiality of Juvenile Court records is maintained through this office. The Clerk’s office holds the responsibility for the sealing of juvenile records when ordered to do so by the Court. The Clerk’s office oversees the maintenance of or the destruction of court records as provided by law.

INTAKE SECTION

The Intake Section of the Juvenile Court is responsible for receiving referrals from law enforcement officers, parents, school officials, and private citizens on children alleged to be delinquent, unruly, deprived, or who have been cited for a traffic violation. The Intake Section is served by an intake supervisor who is responsible for a staff of four full-time court officers, two part-time juvenile court officers, and a receptionist.

DELINQUENT AND UNRULY CASES
When a private citizen files a complaint alleging that a child has committed a delinquent or unruly act, the intake officer must prepare the case paperwork for the Assistant District Attorney (ADA), who in turn, investigates and determines whether there is probable cause to believe the child committed the act. Juveniles are generally not detained on private citizen complaints. When a child has been charged by the police with a delinquent or unruly act, the police officer is responsible for conducting the investigation. After a child is charged by the police, the intake officer assesses the information to determine how the case should proceed. This assessment includes obtaining police reports, staffing cases with probation officers, ADAs, or other pertinent individuals. The intake officer may divert cases to informal processes such as mediation, counseling, informal adjustments, or set the case for court before a judge. If a child is charged and taken into custody by the police, the information is immediately processed and the intake officer makes a decision whether to detain or release the child. If a child is detained for a delinquent offense, an informal hearing will be scheduled within 48 hours. If a child is detained for an unruly offense, the hearing is scheduled within 24 hours. Informal hearings are conducted by a judge for the purpose of officially making a decision on probable cause and further execution of the case. When the detention occurs over the weekend or during holidays, where the informal hearing cannot be set within these parameters, an informal staffing is held with a judge to determine if there is probable cause.

Many minor charges qualify, based on certain criteria, to be selected for diversion, informal adjustment with conditions, or mediation with conditions. In these situations, no formal court action is necessary.

DEPRIVED CASES
In addition to their handling of delinquent and unruly complaints, intake officers are routinely called on to handle cases alleging deprivation. A deprived child is defined by statute as a child who is without proper parental care or control, subsistence, education as required by law, or other care or control necessary for his physical, mental, or emotional health or morals; has been placed for care or adoption in violation of law; has been abandoned by his parents or other legal custodian; or is without a parent, guardian, or custodian. These cases come primarily from three sources: The Department of Family and Children Services, law enforcement, and private citizens.

The Department of Family and Children Services is often the complainant. The intake officer facilitates the processing of the petition from the Department of Family and Children Services and plays a coordinating role to some extent in efforts made by the agencies involved in the placement of the child into shelter care or with a relative. The intake officer schedules these cases for their first appearance before a judge.

If a police officer encounters a situation in which there is probable cause to believe that a child is deprived and in danger from his immediate surroundings, he may take the child into protective custody and deliver him to the Court. In this instance, the intake officer is responsible for contacting the Department of Family and Children Services to investigate relative placement. If no relative can be located, the Department of Family and Children Services can place the child pending court action. The intake officer is also responsible for scheduling these cases for their first appearance before a judge.

Frequently an allegation of deprivation is made by a private citizen or a family member such as a grandparent. This allegation is usually in the form of a petition requesting that the Court place the child in question in the temporary custody of the petitioner. When this situation occurs, the intake officer will immediately contact the Department of Family and Children Services or CASA to conduct an investigation. In the course of this investigation, an evaluation will be made of the situation of the current legal custodian as well as the appropriateness of the home of the petitioner. At the completion of this investigation, a hearing is scheduled and the investigative report is presented to the Court for consideration and a determination of the most suitable placement is rendered.

During 2009 there were 1,050 petitions alleging deprivation filed in the Juvenile Court. Of this number, 623 petitions were filed by the Department of Family and Children Services, 185 petitions were filed by the police, and 166 were filed by private citizens or relatives. The remaining 82 petitions were filed by other persons such as school officials, probation officers, attorneys, etc.

PROBATION SECTION

Introduction
The Probation Section of the court is divided into two types of functional units, Court Operations and Field Operations.

Court Operations
The Court Operations Unit consists of a supervisor, three juvenile court officers, and one part-time juvenile court officer. The unit’s primary function is conducting pre-disposition investigation and preparing social history reports for the disposition of delinquency and unruly cases that have come before the court for formal processing. In addition to investigating and writing reports, the unit also supervises youth who have been conditionally released or otherwise placed under supervision orders pending the final disposition of their cases.

Field Operations
There are two Field Operations unit, each led by a supervisor who supervises six juvenile court officers. Field officers conduct risk classification and needs assessment and write an individualized treatment plan for all youth placed on an order of probation using the Juvenile Assessment and Risk Instrument System (JARIS). Field officers also provide ongoing supervision to those youth placed on an order of probation or supervision by the court.

In 2007, the Field Operations units moved to a school-based probation program is cooperation with Clayton County Public Schools; there is now a field officer assigned to each middle and high school in the system. Research has shown that school-based probation allows for more frequent and better quality contacts that result in closer and more effective supervision of probated youth in addition to improved academic performance.

Field officers use a system of graduated sanctions to ensure compliance with court-ordered conditions and treatment-plan goals. These sanctions range from verbal warnings to formal violations of probation that may result in detention, based on the severity, nature and frequency of the violation, relative to the risk-level of the probationer. If it is determined that all appropriate community-based treatment options have been exhausted, the probation section may recommend commitment to the Department of Juvenile Justice (DJJ). In 2009, 4,535 counts of delinquency and unruliness were filed against 2,904 children, and only 161 were committed to DJJ.

In addition to monitoring compliance, field officers coordinate rehabilitative and treatment services for probationers and their families. These services are based on the needs identified by the court’s JARIS. Field officers evaluate the juvenile’s progress toward achieving his or her probation goals and recommend termination of probation at the appropriate time.

In 2009, the average Field Operations caseload was 21 cases, consisting mostly of moderate- to high-risk probationers. The probation section processed approximately 61 cases each month. Of those, 70% of the youth were placed on an order of probation or supervision. During 2009, there were 2 charges held in abeyance for a period of time, pending completion of some special condition(s), such as community service duties.