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Juvenile Probation Officer Responsibilities and Authority

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  1. Juvenile Probation Officer Responsibilities and Authority By Keith V. Branch, MSW, JD

  2. The Origins of Probation in the United States In 1841 John Augustus introduced probation to the United States in Boston, Massachusetts. He is known as the “Father of Probation”.

  3. The Origin of Juvenile Probation in the United States Massachusetts is the first state to formally adopt probation for juveniles in 1887. Illinois Juvenile Court Act was approved on April 21, 1899. The Act Regulated the Treatment and Control of Dependent, Neglected and Delinquent Children. The Act also created the first juvenile probation department.

  4. The Birth of Juvenile Justice in Texas In 1887 juvenile corrections began with the passage of legislation of a House of Correction and Reformatory (later became the State Juvenile Training School). H.B. 21 of the 20th Legislative Regular Sessions. The Texas Legislative Act of 1907 entitled Title 38, Court – Juvenile, Vernon’s Civil Statutes, Chapter 2 – Delinquent Children.

  5. The Texas Legislative Act of 1907 Chapter 2 – Delinquent Children: • Gave the county judge the right to appoint probation officers. • Established JPO’s duties which were to investigate, appear in court and to represent the child’s best interest. • JPOs must be of good moral character andSERVE WITHOUT COMPENSATION!

  6. The Formalization of Juvenile Probation in Texas In Re Gault in 1967 – Due Process Rights for Juveniles. Texas Juvenile Probation Commission (TJPC) in 1981 by Chapter 141 of the Texas Human Resource Code.

  7. Juvenile Justice System Law Enforcement District Court TJPC & TYC District Attorney

  8. Juvenile Probation Department’s Responsibilities Pre Adjudicated Post Adjudicated Pre-Adjudicate Supervision Field Determinant Residential Placement Court Non Direct Services Regular Detention Intake Screening Deferred Prosecution Placement Investigation/ Assessment Administration Specialized ISP/Sex Offender Ancillary

  9. Traditional Juvenile Probation Officers Intake Officer Court Officer Placement Officer Field Officer (e.g. Deferred, Regular and ISP Officers) Institutional Caseworker/Officer

  10. Administrative Juvenile Probation Officers Chief Juvenile Probation Officer Assistant Chief JPO Deputy Directors Superintendents Administrators Supervisors

  11. Ancillary Juvenile Probation Officers Trainers Medical Staff Budget/Financial Human Resources Caseworkers Counselors Dual Certified Officers

  12. Texas Certified Juvenile Officers • 2,205 Certified Juvenile Probation Officers • 168 Chief Juvenile Probation Officers • 1,176 Certified Juvenile Detention Officers • 549 Certified Corrections Officers TJPC Website Reports

  13. Local Juvenile BoardsJuvenile Probation Departments

  14. Local Juvenile Board The juvenile board shall: • Employ a chief administrative officer for each autonomous juvenile probation department. • Specify the responsibilities and functions of the juvenile probation departments, as well as the authority, responsibility, and function of the position of the chief administrative officer. • Employ at least one certified juvenile probation officer for each 100 referrals made to the juvenile probation department annually.

  15. Human Resources Code Chapter 141 and 142 Juvenile Probation Departments and Personnel

  16. Human Resources Code Chapter 141Juvenile Probation Department and Personnel 141.061 Minimum Standards for Probation Officers. (a) To be eligible for appointment as a probation officer, a person who was not employed as a probation officer before September 1, 1981, must: (1) be of good moral character; (2) have acquired a bachelor’s degree... (3) have either: (A) one year of graduate study or (B) one year of experience...

  17. Human Resources Code Chapter 141Juvenile Probation Department and Personnel (cont) 141. Persons Who May Not Act as Juvenile Probation, Detention, or Corrections Officers: A peace officer, prosecuting attorney, or other person who is employed by or who reports directly to a law enforcement or prosecution official may not act as juvenile probation, detention, or corrections officer or be made responsible for supervising a juvenile on probation.

  18. Human Resources Code Chapter 141Juvenile Probation Department and Personnel (cont) 141.066 Prohibition on Carrying Firearm. (a) A juvenile probation, detention, or corrections official not may carry a firearm in the course of the person’s official duties. (b) This section does not apply to an employee of the Texas Youth Commission.

  19. Human Resources Code Chapter 142Juvenile Probation Department and Personnel 142.001 Definition In this chapter, “juvenile probation services” means: (1) services provided by or under the direction of a juvenile probation officer in response to an order issued by a juvenile court and under the court’s direction, including: (A) protective services; (B) prevention of delinquent conduct and conduct indicating a need for supervision:

  20. Human Resources Code Chapter 142Juvenile Probation Department and Personnel (cont) (C) diversion; (D) deferred prosecution; (E) foster care; (F) counseling; (G) supervision; and (H) diagnostic, correctional, and educational services; and (2) Services provided by a juvenile probation department that are related to the operation of a pre-adjudication or post-adjudication juvenile facility.

  21. Texas Administrative Code Title 37 of the Texas Juvenile Probation Officer’s Authority

  22. In the Professional Life of a Juvenile Probation Officer Juvenile Probation Prosecutor Parents & Family Local Community Law Enforcement Juvenile Court School/JJAEP Juvenile Offender Various Health & Human Services Agencies Juvenile Board Texas Juvenile Probation Commission County Commissioners Court Texas Youth Commission

  23. Juvenile Probation Officer Defined in Title 37 of Texas Administration Code 341.28 Persons Who Must Be Certified. The chief administrative officer and any person hired as a juvenile probation officer (JPO) or as a supervisor of a JPO. And that person shall obtain and maintain an active JPO certification from the commission Texas Juvenile Probation Commission (TJPC) in accordance with chapter 349 of this title.

  24. Duties and Responsibilities of a Juvenile Probation Officers 341.29 Duties of Certified Juvenile Officers. (a) In addition to any duties, responsibilities or powers granted by Title III of the Texas Family Code (TFC), the following duties and responsibilities shall be performed only by CJPO: (1) dispositional recommendations in formal court proceedings; (2) final approval of written social history reports;

  25. Duties and Responsibilities of a Juvenile Probation Officers (cont) (3) acting as the primary supervising officer for all court ordered and deferred prosecution cases; (4) writing and administering case plans in accordance with the Commission’s case management standards; and (5) If authorized by the juvenile court under TFC 53.01 conducting intake interviews investigations; and making release decisions

  26. Duties and Responsibilities of a Juvenile Probation Officers (cont) (b) An individual hired as a juvenile probation officer, who is in the process of certifying as a juvenile probation officer may perform the duties under (a) so long as the individual: (1) has not worked for the probation department for more than 6 months from the individual’s date hire; (2) has received training on each duty listed under (a); and (3) has received training in recognizing and reporting abuse, exploitation and neglect.

  27. Code Of Ethics • §341.30.Code of Ethics. The people of Texas expect of juvenile probation officers, supervisors of juvenile probation officers, and chief administrative officers unfailing honesty, respect for the dignity and individuality of human beings, and a commitment to professional and compassionate service. To this end the Commission subscribes to the a list principles (see The Code).

  28. Texas Family Code (TFC) Title III (AKA the Juvenile Justice Code)Juvenile Probation Officer’sResponsibilities and Authority

  29. Chapter 52. Proceeding Before And Including Referral To Juvenile Court 52.01 Taking into Custody; Issuance of Warning Notice. (a) A child may be taken into custody: (4) by probation officer if there is probable cause to believe that the child has violated a condition of probation imposed by the juvenile court; (6) by a probation officer if there is probable cause to believe that the child has violated a condition of probation imposed by the juvenile court.

  30. Chapter 53. Proceedings Prior to Judicial Proceedings 53.01 Preliminary Investigation and Determinations; Notice to Parents (a) ... Intake officers, probation officer, or other person authorized by the board shall conduct a preliminary investigation to determine whether: (1) the person referred to juvenile court is a child within the meaning of this title; and (2) there is probable cause....

  31. Chapter 53. Proceedings Prior To Judicial Proceedings (c ) .... Intake officer, probation officer or other person authorized by the board shall promptly give notice of the whereabouts of the child and a statement of the reason the child was taken into custody to the parent.

  32. Chapter 53. Proceedings Prior To Judicial Proceedings 53.02 Release from Detention (a) If a child is brought before court or delivered to a detention facility... The intake officer, probation officeror other person authorized by the board shall immediately make an investigation and shall release the child unless it appears that his detention is warranted. (e) At the transfer hearing the court may consider written reports from probation officers, professional court employees, or professional consultants in addition to the testimony of witnesses.

  33. Chapter 61. Rights and Responsibilities of Parents and Other Eligible Persons 61.057. Punishment for Contempt The juvenile court may assign a juvenile probation officer to assist a person in complying with a court order issued.

  34. Related Laws Juvenile Probation Officer’sKnowledge of Related Laws

  35. Related Laws • Texas Family Code (TFC) • Texas Education Code (TEC) • Penal Code (PC) • Code of Criminal Procedure (CCP) • Human Resources Code (HRC) • Transportation Code (Vehicle and Traffic Laws) • Alcoholic Beverage Code (ABC) • Texas Administrative Code (TAC) • Health and Safety Code (HSC)

  36. Texas Age of Juvenile Designation per TFC and Related Laws Minimum Age Of Civil Responsibility 18 Minimum Age Of Criminal Responsibility 17 Removal of Disabilities of Minority: 16 - 17 Juvenile Court Jurisdiction 10 - 17 Juvenile Arrest Jurisdiction 10 - 16 Parental Liability 0 - 18 Compulsory Education 5 - 18 Certifications 14 - 16 Children Protective Services Jurisdiction 0 - 18 Texas Youth Commission 10 - 19 Status Offenses 10 - 18 Note: Juvenile Probation Officers interact with various related laws found in titles other than title 3 of the TFC, as well as, other codes (e.g. Criminal, Administrative, Civil, Education, Alcohol and Beverage Codes and etc.)