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