J u s t i c e P o l i c y I n s t i t u t e Treatment or Incarceration? 3 Introduction: The national and local problem of drug imprisonment. CHAPTER 815t* JUVENILE MATTERS *See Sec. 46b-224 re operation of Superior Court order changing or transferring guardianship or custody of child who is subject of. Young people and the justice system. Changes to this area of law. There have recently been changes to this area of law. We are working to review the information on this page and how these changes may affect you. This means that you cannot be charged with a criminal offence. Between 1. 0- 1. 3You can be charged with a criminal offence once you turn 1. But if you are aged between 1. It is up to the prosecutor (who might be a police officer or a lawyer) to prove that at the time of the crime you knew or should have known what you were doing was wrong. Between 1. 4- 1. 6You are expected to know right from wrong (the prosecutor does not have to prove this) and you are dealt with as a child in the juvenile justice system. In Queensland when you turn 1. All other States and Territories deal with 1. Health and the Criminal Justice System - 2012. Prisoners and juvenile detainees in Australia experience profound disadvantages in health compared to the wider. Executive Summary The aim of this project. The Legal Needs of People with a Mental Illness Project (the Project) is part of a broader research program being. Changes to this area of law. There have recently been changes to this area of law. We are working to review the information on this page and how these changes may. The Drug and Alcohol Treatment Act 2007 provides for the health and safety of persons with severe substance dependence through involuntary detention, care, treatment. The New World Order (Page 1) Last Updated: Monday, October 31, 2011 05:16:23 PM. Title: Child Youth and Family Services Program Service Delivery Framework 2011 - 2015 Subject: Child Youth and Family Services Program Service Delivery Framework 2011.If you commit an offence before you turn 1. If you have been charged with an offence you allegedly committed after you turned 1. Criminal court process. What happens if I am accused of breaking the law? If you are under 1. The police may decide to send you to court to have the matter dealt with or they may offer you a diversionary option. If you admit that you committed the offence, the police can decide to: In deciding what to do, the police must consider: the offence you have committedyour previous criminal historywhether you have had the benefit of a diversionary option in the past. You should always get legal advice before admitting you are guilty of an offence. Even if you admit that you committed the offence, the police may decide that a diversionary option is not appropriate and send you to court instead. What does 'taking no action' mean? The police might take no action for a first or minor offence. It is like an informal cautioning. What is a caution? A caution is a formal warning given by a police officer instead of charging you. Once a caution is given the matter is finished. A caution is more likely to be used for minor offences. The cautioning process must include: you telling the police that you did it (or admitting your guilt) and agreeing to being cautioneda support person being presentyou getting a notice that you have been cautioned. If you are Aboriginal or Torres Strait Islander the police must consider whether a respected person from your own community can give the caution. A caution may involve writing an apology to the victim. In some circumstances cautions can be disclosed in court if you are charged with another offence: If you go before a court and your lawyer thinks that you should have got a caution instead of being brought before a court then they can ask the court to have the charge dismissed. If the court agrees the court may dismiss the charge and administer a caution or direct that a caution be given to you. In deciding what to do the court can consider whether you have received a caution in the past. If you are aged between 1. How do I get brought before a court? If you are under 1. Children’s Court. The police do not have to arrest you to charge you with an offence and send you to court. There are three ways that the police can bring you before the Children’s Court. They may: give you a notice to appearserve you with a complaint and summons, orarrest you and keep you in custody until they can bring you to court. Notice to appear. A police officer gives you a notice to appear. They must do this discreetly - generally not at your school or place of work. The notice says what you have been charged with and when you have to appear in court. If you don't appear in court on the day in the notice, a warrant can be issued to arrest you to take you to court. Complaint and summons. A police officer gives you a complaint and summons. It sets out the offence the police say you did and when you have to appear in court. If you don't appear in court on the day you are summonsed, a warrant can be issued to arrest you and take you to court, but sometimes a case started this way can be heard without you being there if it is not for a serious offence. Arrest and detention in custody. A police officer can arrest you and keep you in custody until you can be brought before a court. A police officer can arrest you if they believe on reasonable grounds that it is necessary to: stop you breaking the lawstop you committing another offencestop you from getting rid of evidencestop you from making up evidence, ormake sure that you appear at court. If you are arrested and kept in custody, the police must bring you before a court as soon as reasonably practicable so that you can apply to the court for bail. Will my parents find out if I am charged with an offence? Yes. If you are arrested, given a notice to appear or served with a complaint and summons, the police must tell your parents and the Department of Communities. Which court do I go to? If you have been charged with a minor offence, you will probably go to the Childrens Court and appear before a Childrens Court magistrate. If your charge is more serious, the Childrens Court magistrate will send you to a higher court, usually the Children's Court of Queensland. You will appear in front of a judge there. Sometimes, juvenile offenders with serious charges have to go to the district or Supreme court to be dealt with by a judge and jury. What is a duty lawyer? If you have to go to court it is a good idea to talk to a lawyer before you go to court. Duty lawyers are usually at court and can give you advice and speak to the court for you. See Duty lawyer. Will my court proceedings be confidential? It depends on whether you are a first time offender or a repeat offender and whether the court has made any orders about whether your identity should be made public or not. A . A child who has been found guilty of an offence in a youth justice proceeding is a . However, in some circumstances the court may make an order to allow your identity to be published where it is in the interests of justice (eg where you have committed a particularly serious violent offence). If you are a repeat offender, the court proceedings will usually be open and your identity may be published in relation to the court proceedings. However, in some circumstances, the magistrate or judge can close the court to the public and make an order to prohibit the publication of your identity if they decide that it is necessary in the interests of justice. It is possible to apply for court proceedings to be closed and for the publication of your identity to be prohibited. You should get legal advice. The court may also be closed to protect the identity of a victim of a sexual offence when they are giving evidence. See Witnesses in criminal cases. Can I apply for bail? If you are kept in detention you can apply for bail and a court will decide whether you can be released. In deciding whether to grant bail, the court must consider: whether you will show up for courtwhether you will do something else that is against the lawwhether you will endanger anyone's safety or welfarewhether you will try to talk to a witnesswhat crime you are said to have committed, how serious it is and how strong the evidence is against youyour personal circumstances including where you are living, whether you are going to school or working, whether you have been in trouble beforewhether you have been given bail in the pastanything else the court thinks is relevant. The court can decide to put conditions on your bail that make you do certain things. These could include: A residential condition that means you have to live at a certain house (e. Contact them to see if they can help with your matter. Queensland Law Society can refer you to a specialist private solicitor for advice or representation. Who else can help? These organisations may also be able to help with your matter. They do not provide legal advice. Kids Helpline provides 2. Queensland Police Service investigates complaints about criminal offences. Queensland Courts give information on Supreme court, Court of Appeal, district court, magistrates court, Coroners court, Childrens court of Queensland, and Land court. Position Statement 2. Involuntary Mental Health Treatment. Telephone crisis services should be available 2. A primary role of telephone crisis personnel is to assess the need for face- to- face crisis intervention services and to arrange for such services when and if indicated. Peer- run warm lines are a relatively new pre- and post- crisis service. Peers are current or former consumers of services who are trained to provide non- crisis supportive counseling to callers. Warm lines focus on the following: (1) Building peer support networks and establishing relationships,(2) Active listening and respect for consumer boundaries, and(3) Making sure callers are safe for the night. Services typically include: (1) Screening and assessment; (2) Crisis stabilization (including medication); (3) Brief treatment; and(4) Linking with services. Single or multiple community agencies may be identified to address walk- in crisis and . Mobile teams have the capacity to intervene quickly, day or night, wherever the crisis is occurring (e. These teams can serve persons unknown to the system and often work closely with the police, crisis hotlines, and hospital emergency services personnel. Mobile teams can operate out of a wide variety of locations, either centralized or distributed throughout the community. Although some mobile crisis teams may specialize in serving adults or children exclusively, it is important to note that these teams often become involved in treating the entire family or other support system. In this instance, a mobile team member may act as the primary care provider until it is appropriate to transition the family into mainstream services. Some mobile teams may have broad authority and responsibilities for service management that include: (1) Providing pre- screening assessments or acting as gatekeepers for inpatient hospitalization of. Some mobile teams operate 2. In some systems, mobile teams provide preventive support in the form of . While one of the goals of a mobile crisis team is to link consumers to community support services, teams vary in their capacity to accomplish this task. Clear channels of access that are established between the team and community programs prior to team operations greatly enhance this effort. The purpose of crisis respite/residential services is to provide the individual in crisis with support in a calm, protected, and supervised non- hospital setting. During this period, the person can stabilize, resolve problems, and link with possible sources of ongoing support. A range of settings for residential/respite crisis support should be available to meet the varying needs and desires of individuals. Examples include family- based crisis homes where the person in crisis lives with a screened and trained . In a crisis apartment, a roster of crisis workers or trained volunteer staff provide 2. A similar range of services as described in the family- based peer model above are available to consumers in their own home. Crisis residences offer short- term treatment, structure, and supervision in a protective environment. Services depend on the program philosophy, but can include physical and psychiatric assessment, daily living skills training, and social activities, as well as counseling, treatment planning, and service linking. Crisis residential services are used primarily as an alternative to hospitalization, but can also shorten hospital stays by acting as a stepdown resource upon hospital discharge. CSUs can be designed for both voluntary and involuntary consumers who are in need of a safe, secure environment that is still less restrictive than a hospital. The goal of the CSU is to stabilize the consumer and reintegrate him or her back into the community quickly. The typical length of stay in a CSU is less than five days. Consumers in CSUs receive medication, counseling, referrals, and linkage to ongoing services. Multidisciplinary teams of behavioral health professionals staff CSUs, which generally cost two- thirds the amount of a daily inpatient stay. Twenty- three hour beds and EOUs are designed for consumers who may need short, fairly intensive treatment in a safe environment that is less restrictive than hospitalization. This level of service is appropriate for individuals who require protection when overwhelmed by thoughts of suicide or whose ability to cope in the community is severely compromised. Admission to 2. 3- hour beds is desirable when it is expected that the acute crisis can be resolved in less than 2. Services provided include administering medication, meeting with extended family or significant others, and referral to more appropriate services. The ability to transport individuals in need of crisis services in a safe, timely, and cost effective manner is critical to operations. The requirements for individuals who are authorized to transport persons in crisis vary between communities and may be determined by the legal status (voluntary versus involuntary) of the individual in need of treatment. In some circumstances, mobile teams will coordinate transport with local law enforcement or emergency medical vehicles to assist individuals in receiving necessary care. Transportation within a crisis service system may also take other, less expensive forms. For example, crisis systems may arrange with private commercial entities, such as taxi companies, to transport individuals who are willing and able to be transported for treatment, but who lack resources to make the trip. Regardless of how a crisis system decides to provide transportation, there are several key factors for consideration in arranging or providing transportation for individuals seeking crisis services. These factors include: (1) Reliability; (2) Availability; and(3) Skill level of those involved in the transport. Hospital emergency rooms constitute a . The Washington Supreme Court recently outlawed the practice of psychiatric boarding in that state. Harper, 4. 94 U. S. Stevens, J., dissenting). Justice Stevens further points out that . Outpatient commitment is especially problematic when based on: o. They cannot be accurately assessed on an individual basis, and are improperly rooted in speculation. Neither do they constitute imminent, significant physical harm to self or others- the only standard found constitutional by the Supreme Court. As a consequence, these are not legally permissible measures of the need for involuntary civil commitment- whether inpatient or outpatient- of any individual. The Bazelon Center supports the right of each individual to fully participate in, and approve, a treatment plan and to decide which services to accept. The Bazelon Center encourages the articulation of treatment preferences in advance through the use of advance directives and/or a legally recognized health care agent. Outpatient commitment is a dangerous formalization of coercion within the community mental health system. Such coercion undermines consumer confidence and causes many consumers to avoid contact with the mental health system altogether. That report showed that while mandatory treatment programs can lead to good outcomes for some, . See Ridgely, S., Brown, R., and Petrilla, J. The Effectiveness of Involuntary Outpatient Treatment: Empirical Evidence and the Experience of Eight States (2. In its opinion, the court pointed out that since Kendra. Further safeguards, specifically a finding of incapacity, were required in order for the state to compel medication. In re K. L., 1 N. Y. 3d 3. 62 (2. 00.
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