Former Foster Care Children in the Criminal Justice System: A Problem in Need of a Just Solution

Former Foster Children in the Criminal Justice System:  A Problem in Need of a Just Solution

                I have represented several former foster children in my work as a defense attorney.  I have found that for many former foster children, their experience with the criminal justice system started as a juvenile and continued on into adulthood.  We as a society need to find better solutions to help children and families in crisis so we can keep vulnerable children from entering the adult system.

                California officials did a study of adults in their prisons and found that 14% of those surveyed had been foster children.  Washington did a study and found that 1 in 5 foster children were arrested and jailed within a year of aging out of the system.  Texas, however, apparently has not done the work to find out just how severe the problem is of former foster children experiencing the criminal justice system.

                It makes sense.  Foster children have often been traumatized.  They may have developmental delays, intellectual disabilities, and mental health issues.  They may have missed weeks upon weeks of school.  This makes them especially vulnerable to substance abuse and early affiliation with criminal gangs.  

                Foster children are also vulnerable to homelessness.  Foster kids “age” out of the system at 18.  Some states have “extended” foster programs and allow children to stay sometimes until age 21.  Texas does not have these provisions.  On their 18th birthday, foster children have to find a place to go as their foster families no longer have an obligation to them and neither does the state.  Some kids have no place to go and end up on the streets.  Homelessness is a huge indicator for involvement in the criminal justice system.  Survival crimes, like theft, drug distribution, and prostitution, may be a last resort for homeless former foster kids.   This leads to incarceration.  Some become homeless even prior to aging out as they run away from careless or abusive foster families or group homes.  LGBT youth in the foster system are particularly apt to run away from foster families who reject, kick them out, or abuse them for their sexuality and gender identities.  It is thought that 15% of the juvenile justice system is LGBT youth.

                What can be done? 

                Policy makers and legislators need to focus attention and funding to foster kids and fixing the system while at the same time providing support to families in crisis so that children can remain in homes that can be rehabilitated.  We need to get parents mental health services and substance abuse treatment so that they can stay with their children.  When that cannot happen, the state needs to be able to provide children with safe, supportive homes.  The state needs to ensure LGBT kids are placed with homes that will support them and care for them completely.

                We need to do something about children aging out. We need to provide “extended” placements in Texas as other states have done.  We need to provide transitional housing to kids who are aging out to prevent them from becoming street kids at the age of 18.  We need to provide job training, education opportunities, and mental health treatment to foster children before and after their 18th birthday. 

                If and when former foster kids are charged with crimes, we need to provide special programming and court dockets for them to get support and rehabilitation in a setting that recognizes their special issues.   For example, in Travis County we have “Project Engage” in which young adults who are on probation or on bond get a supportive environment to hear from speakers, do community service, and get support to work and go to school.  We need more programs like this for young adults.

                Lastly, we need to raise the age for the adult system to 18 in Texas.  Children under 18 do not have the mental capacity to make responsible choices as adults do, and they should not be held to the same standards.  Juvenile courts have their own problems, but they do tend to focus more on rehabilitation and reform than punishment.  Raising the age will help keep some foster kids and former foster kids from entering the adult system.  A bill to do just this was given a hearing in the Texas House but it did not get voted out by the entire chamber.

                We need to do better for our foster kids.  These kids have been victims of extreme hardship and bad circumstances not of their doing whatsoever.  We need to give them protection and opportunity to flourish and stay out of the criminal justice system.

Deferred Disposition and Why that Ticket is Still Haunting You

“I thought I paid that”:  Differed Disposition and Why that Ticket Is Still Haunting You

                I handle lots of Class C misdemeanors.  The most common Class C misdemeanors are traffic tickets (moving violations): things like speeding, running a red light, etc. 

                A very common way of resolving a Class C is deferred disposition.  This is when the Defendant enters a plea of no contest but the finding of guilt is “deferred” for a period of time, often 90 or 180 days, and conditions are placed on the Defendant that must be completed by the time the deferral ends.

                The most common conditions are “no new tickets/convictions”, driver’s safety course, and payment of a special expense fee (and sometimes court costs).  This means that within the period of deferral the Defendant has to do the things asked of him/her. 

                I get a lot of calls from people who say “I thought I took care of this, but I got a letter/phone call, etc. Why?”  Most often it is because s/he entered a deferred disposition but did not abide by the conditions and complete the deferral. 

                How you can mess up a deferral:

·         “No new tickets/convictions”:  Ifyou get a new ticket or a new conviction, depending on the jurisdiction, the deferral will not be successfully completed.  Sometimes, you have to submit an affidavit swearing that you have not had any new convictions. 

·         “Special Expense Fee”:  You will always have to pay a fee (it is not technically a fine) for a deferral.  If you do not pay by the deadline, you will not successfully complete the deferral.

·         “Drivers Safety”:  If you have been told to complete a class, such as driver’s safety course, you have to do it during the deferral period AND submit proof of completion.  If you do not do it, you will not successfully complete the deferral.

If you have entered into a deferral and have not successfully completed it, typically you will be set for a “show cause” hearing in which you will be most likely (depending on the jurisdiction) be given a chance to explain why you did not complete the deferral and sometimes you will be given a short amount of time to complete and submit proof.   If you do not attend the show cause hearing, at that time, a finding of guilt will be entered and you will be convicted of the Class C. The notice for the show cause will be sent to the address the court has and usually will not be forwarded.   If you do attend the show cause and are not given more time, a conviction will be entered.  If you are given more time, and still don’t complete the deferral, a conviction will be entered.

If you get a conviction entered after you do not complete a deferral, typically a heavier fine will be assessed.  Some jurisdictions will max the fine assessed.  At that point, typically a warrant will issue as well and will not be withdrawn until you pay the fine.  If you are convicted of an offense that carries a license suspension or surcharge, or both, you will be assessed that as well.  If it is a moving violation, points will be added to your driver’s license.  The conviction will be placed on your driving record and will likely be reported to your insurance.

It is very important you understand the conditions placed on you when you enter into a deferral.  Ask questions and get it clarified by the court staff.  Calendar ALL deadlines and abide by them.  If something comes up and you cannot make a deadline, ask for an extension in writing.  It is easier to get an extension prior to the deadline than asking for time at the show cause – lots of courts are not very forgiving at the show cause.

If you are struggling with tickets that seem to keep popping up, give me a call today.