Last summer, we wrote about the Riverside County Youth Accountability Team Program (YAT) and how it treated teens, never convicted of crimes, as criminals. The program was designed to scare kids, mostly black and Latinos, straight. However, all the initiative did was contribute to the school-to-prison pipeline. Kids whose only infractions were a failure to cooperate with school faculty members found themselves on probation.

As we pointed out last year, the American Civil Liberties Union of Southern California, Northern California, San Diego, and the National Center for Youth Law filed a lawsuit to end the YAT program. In July, the ACLU announced that their efforts paid off; a settlement was reached with the federal district court that severs the relationship between Riverside County school districts and the probation department.

The YAT program has been in place since 2001; thousands of young people have been needlessly affected and had their rights violated since its inception. Probation is not an effective way to address the needs of children who have bad grades or struggle with trauma and mental health issues. The proposed settlement will hopefully lead to kids getting much-needed resources.

Setting an Example for the Nation

Even though research shows that juvenile probation is ineffective and even harmful to young people, that was the model for the last 18 years. Youths who were unable to stay on track in school found themselves in the criminal justice system.

The ACLU was able to show the court that the YAT program subjected kids to lengthy lists of conditions with zero-tolerance consequences. Young people in the program were regularly drug tested and had to deal with surprise searches of their home and person.

Rather than diverting students to law enforcement for non-criminal offenses like truancy and defiance, they will now receive counseling and other school and community-based supports. The ACLU writes that the county has committed reinvesting millions of dollars in community organizations that will better serve young people than the criminal justice system.

Students who commit crimes will be guaranteed the right to legal representation throughout the entirety of diversion. They will no longer be subject to rules and restrictions that violate their rights. What’s more, probation officers will undergo specialized training to ensure they comply with the new protocols.

The ACLU hopes that Riverside County’s new approach will one day serve as a model for juvenile justice nationwide.

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Young people are not the best at thinking things through thoroughly before they act, and as a result, they sometimes learn valuable lessons. Even when minors understand the difference between “right” and “wrong,” they can still make unfortunate errors in judgment that can cost them significantly. While some offenses committed by minors are severe and should carry a commensurate punishment, most infractions are benign. However, getting caught up in the juvenile justice system for a minor offense often does more harm than good.

More than a decade ago, the Santa Clarita Valley Sheriff’s Station started a diversion program, called “Teen Court.” Minors who commit minor offenses and meet specific criteria are eligible for Teen Court, excluding them from incarceration, formal probation, and a conviction on their record if they complete the requirements within a six-month period. The program can make all the difference for teenagers, potentially keeping them from becoming trapped in the criminal justice system.

L.A. County Teen Court

Teen Court is unique in several ways, notably in the fact that Juveniles who commit minor offenses plead guilty to a jury of their peers, meaning other teenagers in school. After which, teens in the diversion program must avoid getting into trouble during a six-month probationary period, according to KHTS. Juveniles taking part in the program have to do community service, write letters of apology and pay restitution to the victim or victims. Teen Court is only available to first-time offenders.

“We deal with juveniles that have committed misdemeanors and even felonies,” said Dan Finn, a detective with the Santa Clarita Valley Sheriff’s Station. “The only limits are: we don’t take serious felony charges like gang-related crime, rape, murder (or) robbery.”

The goal of programs, like Teen Court, is to avoid recidivism. Data indicates that around half of teens who don’t take part in diversion programs end up going on to commit more crimes. Detective Finn points out that less than 15 percent of the juveniles who go through the Teen Court commit another offense. Owing to the success in Santa Clarita, Los Angeles County is following suit; a little over a year ago, the Los Angeles County Board of Supervisors approved a plan that would make diversion the focus of the county’s juvenile justice system. The Superior Court of California, County of Los Angeles, reports that there are 38 Teen Courts in operation at high schools throughout Los Angeles County and over 70 judicial officers preside over the program.

“We catch these kids early, and it’s making a difference,” Los Angeles County Superior Court Judge David S. Wesley, tells California Courts Newsroom. “We are incarcerating fewer kids, and saving millions of dollars keeping them out of the juvenile justice system.”

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Adolescents are not the best at exercising sound judgment, and part of growing up is learning by your mistakes. Young people are instructed to always be on their best behavior, to act their age, so on and so forth. While most youths are pretty good at following the rules, especially in public settings like middle and high schools, there are some who like to push the envelope. Seeing just how much one can get away with is a fairly common trait among a number of students. However, choosing to not use one’s head before engaging in specific behaviors, i.e., disrupting class, getting into fights, and participating in illicit substance use, is often a slippery slope to detention, suspension, and even expulsion.

In many cases, teens who get into trouble with an authority figure in school are merely acting out. The reasons for doing things that will inevitably garner the ire of a teacher are usually rooted in some kind of issue a young person is having outside of school. Troubled teens, perhaps more times than not, are contending with problems at home. Such individuals could probably use guidance and support from the faculty members; instead, they get the opposite.

Punishing disruptive students may seem logical and making examples of students is likely to send a clear message to classmates about what kinds of behavior will not be tolerated. However, multiple day suspensions as a means of punishment might do more harm than good, serving only to cause teens to get behind in class which brings on more problems.

Senate Bill 607

Did you know that that there is a cut off age for when an adolescent can no longer get away with disrupting a classroom in California? It’s true, up until fourth grade, kids cannot face suspension for engaging in what is known as “willful defiance,” that is disrupting class or defying teachers. What’s more, thanks to California Assembly Bill (AB) 420, expelling students for backtalk and not doing assignments is no longer permitted, CBS Sacramento reports. Citing concerns over the real impact of suspensions, some lawmakers would like to see AB 420-style protections for teenagers, as well.

“If you’re suspended out of school even once, that doubles the likelihood the student will drop out,” said Assemblyman Roger Dickinson in 2014.

California Senate Bill (SB) 607 would extend the protections of AB 420, protections which expire in July of this year. If passed, it would mean that schools couldn’t suspend students of any age for petty offenses. SB 607 provides “willful defiance” suspension protections to all students, Your Central Valley reports. The new legislation could significantly help minority and disabled students who are suspended at higher rates, according to ACLU data.

“When we look at the data, we see who it is used on,” Senator Nancy Skinner said. “It’s used on kids of color, it’s used on LGBTQ kids, it’s used on kids with disabilities.”

It’s worth pointing out that SB 607 wouldn’t protect students who make threats, commit acts of violence, or steal. Strict penalties will still apply to such offenses; the new law is meant to keep kids in class even when they make poor decisions. There is opposition to the legislation, critics worry that it might scare teachers away in a state already dealing with shortages.

“If you’re not going to allow us to have the right to take someone who is defiant to authority out of the situation, so they don’t infect everyone else in class, nobody learns,” said Former Fresno County Superintendent of Schools Larry Powell. “The teacher is disheartened and wants to get out of the profession.” Please take a moment to watch a short video on the subject here.

Juvenile Offense Attorney

At the Law Offices of Katie Walsh, we specialize in navigating the school disciplinary process and juvenile law. If your son or daughter is facing expulsion, Attorney Walsh can assist you and your family in many ways. Please contact our office for a free consultation.