Collateral consequences are legal disabilities imposed by law that result from a criminal conviction. The laws that spawn these collateral consequences can create social and economic barriers for those with criminal convictions. They are known to adversely affect adoptions, housing, welfare, immigration, employment, professional licensure, property rights, mobility, and other opportunities open to others. The NICCC is a tool that enables responsible prosecutors, defense counsel, and judges to be aware of the collateral consequences of criminal convictions and to consider whether conviction for particular offenses results in unfair or unintended consequences and whether there are dispositions that would avoid such consequences. It also enables every state and the federal government to take a fresh look at the mass of collateral consequences that have developed over decades and then determine whether some should be eliminated, modified, or clarified. Before the creation of the NICCC, personnel central to case dispositions could not readily determine the extent to which collateral consequences deny those who have completed sentences opportunities for education, housing, and employment. The focus should be on restricting collateral consequences to only those proven necessary for public safety.

This report presents the features and purposes of the National Inventory of Collateral Consequences of Conviction (NICCC), which was developed by the American Bar Association to make accessible to criminal justice personnel and the general public the sanctions and disqualifications that flow from a criminal conviction but are not part of the actual sentence filed in a criminal case.

American Bar Association, United States of America

Link to document.

Domestic Child Sex Trafficking - Desk Reference Guide from the Capacity Building Center for Courts. 2018.

Bench Card for Judges and other legal professionals.

Please click the attachment to open this document. 

 

Tuesday, 27 March 2018 10:58

Louisiana Bench Cards for Judges

Louisiana Bench Cards for Judges (updated 2015)

Louisiana Bench Cards for Judges - most recently updated in 2015. This set covers:

Entry Order

Evaluation Order

TRO/Protective Order

Instanter Custody/Safety Plan Order

Continued Custody Hearing (CINC)

Continued custody Hearing (FINS/Delinquency)

Appearance to Answer

Adjudication Hearing

Disposition Hearing

Case Review Hearing

Permanency Hearing – Reunification

Permanency Hearing – Adoption (including TPR)

Permanency Hearing – Legal Guardianship

Permanency Hearing – Placement with Relative

Permanency Hearing – Alternative Permanent Living Arrangement

 

Please click on the attached file to open the pdf of the document. 

Tuesday, 27 March 2018 10:13

Louisiana Bench Cards for Judges

Louisiana Bench Cards for Judges - most recently updated in 2015. This set covers:

Entry Order

Evaluation Order

TRO/Protective Order

Instanter Custody/Safety Plan Order

Continued Custody Hearing (CINC)

Continued custody Hearing (FINS/Delinquency)

Appearance to Answer

Adjudication Hearing

Disposition Hearing

Case Review Hearing

Permanency Hearing – Reunification

Permanency Hearing – Adoption (including TPR)

Permanency Hearing – Legal Guardianship

Permanency Hearing – Placement with Relative

Permanency Hearing – Alternative Permanent Living Arrangement

 

Please click on the attached file to open the pdf of the document. 

Published in Judges

The Capacity Building Center for Courts has created a Domestic Child Sex Trafficking Judicial Desk Reference Guide.  This resource provides links and examples of how Court Improvement Programs (CIP) can implement P.L. 113-183.  Specifically, it addresses:

 

How to form a 113-183 Task Force

 

How to measure your success as a 113-183 Task Force

 

How to identify victims and potential victims of Trafficking

 

How to identify and provide services for victims/potential victims of Trafficking

 

How to be (Trafficking) Trauma-Informed and how to conduct a Trauma audit of your court

 

The PDF version is attached here and the web link to the resource is: file:///C:/Users/lesli/Downloads/113-183BenchReference-_ColorFixed-md4_jd4_cm-md-QF.PDF

 

Take Care,

 

Leslie Briner, MSW

P.L. 113-183 Sex Trafficking Constituency Group Lead

CAPACITY BUILDING CENTER FOR STATES

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Press Release

National Council of Juvenile and Family Court Judges - October 31, 2017

Congress passed the Indian Child Welfare Act (ICWA) in 1978 to address the widespread practice of state entities removing American Indian and Alaskan Native children from their homes and families. Congressional findings memorialized in ICWA included "an alarmingly high percentage of Indian families are broken up by the removal, often unwarranted, of their children from them by non-tribal public and private agencies and that a high percentage of such children are placed in non-Indian foster and adoptive homes and institutions." "In order to best serve the children and families of our community, we must develop and support collaboration between state and tribal court systems," said Hon. Richard Blake, Hoopa Valley Tribe, president, National American Indian Court Judges Association.

Benchbook: http://www.ncjfcj.org/sites/default/files/NCJFCJ_ICWA_Judicial_Benchbook_Final_Web.pdf

http://www.ncjfcj.org/ICWABenchbook

 

 

The National Council of Juvenile and Family Court Judges recently passed resolutions and policy statements on how to improve the lives of youth and families involved with juvenile or family courts. The resolutions address the needs of homeless youth and families, support a developmental approach to juvenile probation, and recognize the need for independent oversight of youth confinement facilities. The Council also released two bench cards: one with guidance on working with youth regardless of sexual orientation, gender identity, or gender expression, and one on applying principles of adolescent development in delinquency proceedings. In addition, the Council released a guide of principles and practices addressing custody and visitation.

Published in Home Page

The US Department of Health and Human Services, Administration for Children and Families and Office for Civil Rights have compiled documents that provide guidance to ensure that child welfare agencies and state court systems are aware of their responsibilities to protect the civil rights of children and families in the child welfare system. The attached documents will address policy for Title VI, Disabilities, and Disproportionality issues.

Determining if a Child is Safe

The basic and most important determination judges make in child in need of care cases is whether a child(ren) is safe. Critical safety decisions are made when removing a child and determining whether a child should return home. However, without a comprehensive decision-making structure and thorough inquiry, decisions can lead to over and under removal, leaving children unsafe or returning them home too quickly. 

The Louisiana Department of Children and Family Services (DCFS) has implemented a research-based, structured safety assessment process designed to avoid these problems. It is the responsibility of all individuals involved in a case to understand the goal of child safety, the terminology used when discussing safety, and the type of information needed to make good decisions about child safety.

This bulletin was developed in 2016 by the Pelican Center for Children and Families with assistance from ABA Center for Children and the Law and the Pelican Center/Louisiana Child Welfare Training Academy Training and Education Committee members. Please download and share!

 

Published in Law and Best Practices

The ABA Center on Children and the Law, in collaboration with the National Child Traumatic Stress Network, is pleased to announce the release of "TRAUMA: What Child Welfare Attorneys Should Know." This resource provides practical information about trauma-informed legal advocacy by attorneys representing children, parents, and child welfare agencies.

In furtherance of the American Bar Association's policy on trauma-informed legal practice, this resource can strengthen advocacy, improve attorney-client relationships, and promote appropriate screening, in-depth assessment, and evidence-based treatment. In addition, awareness of secondary traumatic stress can improve prevention, identification, and self-care among legal professionals.

The resource was developed by the NCTSN Justice Consortium Attorney Work Group, co-chaired by Christopher Branson, Ph.D., Carly Baetz, JD, Ph.D., and Eva Klain, JD (ABA Center on Children and the Law).

Published in Attorneys
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