A Juvenile Court Perspective A Juvenile Court Perspective on Related Issueson Related Issues
Geoffrey A. GaitherGeoffrey A. Gaither
Senior MagistrateSenior Magistrate
Juvenile DivisionJuvenile Division
Marion Superior CourtMarion Superior Court
Juvenile Prescription Juvenile Prescription Drug Abuse TreatmentDrug Abuse Treatment
RockRockPaperPaper
ScissorsScissors
What is the Problem?What is the Problem?
Using others prescription drugs Using others prescription drugs Using their own drugs in a way not Using their own drugs in a way not
suggestedsuggested Sharing or selling drugs with their Sharing or selling drugs with their
peers peers Using illegal drugs at an earlier ageUsing illegal drugs at an earlier age
Why do kids abuse prescription Why do kids abuse prescription drugs?drugs?
Get highGet high Pain ReliefPain Relief Have funHave fun Lose weightLose weight Easy to getEasy to get Enhance performance (study aids, sports)Enhance performance (study aids, sports) Belief that prescription drugs are saferBelief that prescription drugs are safer Reduce stressReduce stress
Warning signs?Warning signs?
Physical appearancePhysical appearance Taking risks Taking risks Secretive actions Secretive actions Neglecting responsibilitiesNeglecting responsibilities Sudden changeSudden change
FriendsFriends Behaviors – mood swings - isolationBehaviors – mood swings - isolation Patterns – avoiding eye contactPatterns – avoiding eye contact
Where are kids getting the Where are kids getting the drugs from?drugs from?
FamilyFamily ParentsParents GrandparentsGrandparents ExtendedExtended
FriendsFriends PharmacistsPharmacists DoctorsDoctors
What are the most common What are the most common drugs?drugs?
OpiatesOpiates Oxycodone (Oxycontin)Oxycodone (Oxycontin) Hydrocodone (Vicodin)Hydrocodone (Vicodin) Propoxyphene (Darvon)Propoxyphene (Darvon) PercocetPercocet CodineCodine
Common DrugsCommon Drugs
DepressantsDepressants ValiumValium XanaxXanax KlonopinKlonopin AmbienAmbien
Common DrugsCommon Drugs
StimulantsStimulants ConcertaConcerta RitalinRitalin AdderallAdderall
Common Scenario 1#Common Scenario 1#
Teacher told principal a student may Teacher told principal a student may be under the influence of somethingbe under the influence of something
Student was pulled from classStudent was pulled from class Student smelled of alcohol and Student smelled of alcohol and
exhibited signs of intoxicationexhibited signs of intoxication Police officer discovered 10 blue pills Police officer discovered 10 blue pills
in student’s back packin student’s back pack Pills tested positive for xanaxPills tested positive for xanax
Common Scenario 2#Common Scenario 2#
Student was going through metal Student was going through metal detector at schooldetector at school
School police officer discovered School police officer discovered marijuana pipe in book bagmarijuana pipe in book bag
Further search revealed pill bottle Further search revealed pill bottle with different namewith different name
Pills tested positive for hydrocodonePills tested positive for hydrocodone
Common Scenario 3#Common Scenario 3#
Three students arrived late to schoolThree students arrived late to school They were very loud They were very loud School police officer went to School police officer went to
investigate investigate Officer smelled marijuanaOfficer smelled marijuana Two students had adderall in baggiesTwo students had adderall in baggies Third student under the influence of Third student under the influence of
an unknown substancean unknown substance
Common Scenario 4#Common Scenario 4#
Police officer makes traffic stopPolice officer makes traffic stop Officer observes driver moving around, Officer observes driver moving around,
looking back and forthlooking back and forth Officer approaches teenage driver who Officer approaches teenage driver who
is looking very nervousis looking very nervous Officer removes driver and finds pill Officer removes driver and finds pill
bottle in the consolebottle in the console Name on the bottle does not match Name on the bottle does not match
driver or car ownerdriver or car owner
School Response to Possession School Response to Possession OffensesOffenses
Varies and is inconsistentVaries and is inconsistent Automatic arrestAutomatic arrest SuspensionSuspension ExpulsionExpulsion Refer to mandatory counselingRefer to mandatory counseling Refer to optional counselingRefer to optional counseling Sent homeSent home Drug testingDrug testing Drug dog patrolsDrug dog patrols
School Result DisparitySchool Result Disparity
Inner City SchoolsInner City Schools Automatic arrestsAutomatic arrests SuspensionSuspension ExpulsionExpulsion Alternative school Alternative school
placementplacement Zero toleranceZero tolerance (This list includes at (This list includes at
least one township least one township school)school)
Township SchoolsTownship Schools Case by caseCase by case Referral to counseling Referral to counseling
services in lieu of services in lieu of expulsionexpulsion
Behavioral contractsBehavioral contracts School based School based
drug/alcohol counseling drug/alcohol counseling services (proposed for services (proposed for Lawrence Lawrence North/Central)North/Central)
Juvenile Court ProcessJuvenile Court Process
ArrestArrest Initial HearingInitial Hearing Release or DetentionRelease or Detention Diversion, Trial, Plea or WaiverDiversion, Trial, Plea or Waiver DispositionDisposition
ProbationProbation PlacementPlacement TreatmentTreatment CommitmentCommitment
Penalties for PossessionPenalties for Possession
MarijuanaMarijuana 365 days in jail 365 days in jail 1 ½-3 years if weight greater than 30 grams 1 ½-3 years if weight greater than 30 grams
CocaineCocaine 3 years 3 years 2-8 years if weight greater than 3 grams2-8 years if weight greater than 3 grams
Controlled SubstancesControlled Substances 3 years 3 years 2-8 years if on school property2-8 years if on school property
Penalties for DealingPenalties for Dealing MarijuanaMarijuana
365 days365 days 3 yrs if buyer is under 18 3 yrs if buyer is under 18 2-8 yrs if weight greater than 30 grams2-8 yrs if weight greater than 30 grams
Cocaine and Controlled SubstancesCocaine and Controlled Substances 6-20 years6-20 years 20-50 years20-50 years
School or public propertySchool or public property Weight greater than 3 gramsWeight greater than 3 grams Buyer is under 18 and at least 3 yrs younger Buyer is under 18 and at least 3 yrs younger
than sellerthan seller
Drug CourtDrug Court
Referred for program participationReferred for program participation Charges are taken under advisementCharges are taken under advisement Agreement to stay clean and soberAgreement to stay clean and sober Provided with incentives and rewards Provided with incentives and rewards
for testing negativefor testing negative Consequences for positive tests or other Consequences for positive tests or other
relapse related behaviorsrelapse related behaviors Successful graduates are released from Successful graduates are released from
probation and cases are closedprobation and cases are closed
Drug Court Barriers to SuccessDrug Court Barriers to Success
No data to demonstrate long term No data to demonstrate long term effects of program participantseffects of program participants
Danger of exposing 1Danger of exposing 1stst time users to time users to peers with serious addiction issuespeers with serious addiction issues
Positive effects may not last beyond Positive effects may not last beyond the programthe program
Difficulty in having an impact upon the Difficulty in having an impact upon the child’s environment, parents, peers child’s environment, parents, peers etc.etc.
Outpatient Treatment ProvidersOutpatient Treatment Providers
FairbanksFairbanks GallahueGallahue MidtownMidtown EmberwoodEmberwood Reach for YouthReach for Youth IU/RileyIU/Riley AspireAspire
General Program ComponentsGeneral Program Components OrientationOrientation EvaluationEvaluation Treatment RecommendationsTreatment Recommendations
6 weeks – 90 days6 weeks – 90 days Individual/group discussionsIndividual/group discussions Written exercises – worksheetsWritten exercises – worksheets Role playRole play Feedback – pushbackFeedback – pushback Random urine analysisRandom urine analysis Relapse Relapse
Treatment Issues and Treatment Issues and RoadblocksRoadblocks
Investment by clientInvestment by client Reason for being in treatmentReason for being in treatment Environment at home and schoolEnvironment at home and school TimeTime Parental drug useParental drug use Family lack of engagementFamily lack of engagement Level of addictionLevel of addiction Presence of other issuesPresence of other issues
Roadmap for SuccessRoadmap for Success
Client engagementClient engagement Parental participationParental participation Early interventionEarly intervention
School programsSchool programs Client’s support environmentClient’s support environment
SchoolSchool NeighborhoodNeighborhood FriendsFriends
Top Ten Ways to Keep Your Top Ten Ways to Keep Your Child Out of Juvenile CourtChild Out of Juvenile Court
Know their friendsKnow their friends Visit the schoolVisit the school Meet the teachersMeet the teachers Discuss the dayDiscuss the day Share a visionShare a vision Worship togetherWorship together
Hug your childHug your child Set proper rulesSet proper rules Set the proper Set the proper
exampleexample Use appropriate Use appropriate
disciplinediscipline
YOUR MOVEYOUR MOVE