Estrada 2013 El Modelo de Missouri

Francisco J. Estrada Vásquez
http://justiciapenaladolescente.blogspot.com/
El modelo de Missouri
Aprendizajes desde el sistema de justicia
juvenil de Missouri
UNIVERSIDAD DE CHILE
Facultad de Ciencias Sociales
Escuela de Psicología
Diplomado en Intervenciones especializadas
con adolescentes infractores de ley penal. 2013

Missouri abandonó las prisiones
juveniles masivas en favor de pequeños
establecimientos en la comunidad que
enfatizan la terapia y no el castigo.
Cuando es posible, los jóvenes son
ubicados cerca de sus hogares de modo
que sus padres puedan participar en su
rehabilitación que incluye extensa.
terapia de familia.
Los responsables de casos manejan por
lo general entre 15 y 20 niños.
Waverly Regional Youth Center
The cost per child in Missouri is
$50,000 a year, half the national
average of other traditional
juvenile prisons.

El estado de Missouri ha creado un sistema
de justicia juvenil que ha tenido tanto éxito
en los últimos 30 años que se ha conocido
como el "Milagro de Missouri.“”
Lo constituyen una serie de prácticas que se
combinan para hacer único el sistema de
Missouri :
Se compone sobre todo de pequeñas
instalaciones, en general diseñadas para
entre 10 y 30 jóvenes, cerca de los hogares
de los jóvenes.
Estas instalaciones no se parecen a las
cárceles con las celdas tradicionales; sólo
hay ocho celdas de aislamiento en todo el
estado, que se utilizan raramente y sólo en
situaciones de emergencia.
Marian Wright Edelman
President, Children's
Defense Fund
Antecedentes

Cuentan con un personal altamente
capacitado y entrenado, que trabaja en
equipo con pequeños grupos de
jóvenes.
Los jóvenes son tratados con respeto y
dignidad, y en lugar de métodos
correccionales más tradicionales, el
sistema utiliza un modelo de
rehabilitación y terapia que trabaja para
enseñar a los jóvenes a hacer cambios
positivos y duraderos en su
comportamiento
Antecedentes

Lo logrado ha sido uno de los mejores resultados del país: menos
del 8 por ciento de los jóvenes en el sistema de Missouri regresan a
la cárcel luego de salir en liberta; y menos del 8 por ciento van a la
cárcel de adultos. Un tercio de los jóvenes regresan a sus
comunidades con un diploma de escuela secundaria o GED, y otro
50 por ciento retorna con éxito a la escuela
Antecedentes

Missouri's results have been so positive that Mark Steward, the visionary
former director of the Missouri Division of Youth Services, founded
the Missouri Youth Services Institute (MYSI) to help other jurisdictions
across the country do what Missouri has done. But even with the proven
success of the Missouri model, a set of myths persists implying that
Missouri is somehow different from every other state and that its results
can't be replicated. It's time to debunk those myths and for all states to stop
making excuses and start doing the right thing for children.

Un hito importante se produjo en 1987, cuando la legislatura estatal
creó una Junta Asesora de Servicios de carácter bipartidista,
integrada por legisladores y expertos con la responsabilidad de
planificar el tratamiento a jóvenes y los servicios disponibles en los
centros (la oferta programática, en nuestra jerga)
Antecedentes

Elementos claves
1. Manejo continuo de casos, desde el proceso post
arresto hasta el cuidado post egreso de cárcel
(“after-care”);

2. Instalaciones residenciales pequeñas,
descentralizadas (no más de 50 jóvenes con una
población promedio de 20) dentro de 80 a 120
kms. de sus hogares;
Elementos claves

3. servicios dirigidos por pares en pequeños
grupos de 10 a 12 jóvenes que permanecen juntos
durante todas las actividades, comidas, y
tratamiento durante toda su estancia, y
Elementos claves

4. enfoque de tratamiento de rehabilitación en el
que no se utiliza ningún modelo de tratamiento
específico, sino que cada joven tiene su propio
plan de tratamiento que enfatiza los procesos de
grupo.
Elementos claves

Missouri Juvenile Offender Classification
System
The Missouri Juvenile Offender Classification System represents
Missouri's effort to create an objective based decision-making
strategy for managing youthful status and law violators referred to
juvenile and family courts.
The complete classification system includes an empirically
validated risk assessment for estimating a youthful offender’s
relative likelihood of future delinquency, a classification matrix,
which links the level of risk with offense severity to recommend
graduated sanctions, and a needs assessment for identifying the
underlying psychosocial needs of youth.

System
The system also includes a method for assessing juvenile offender
adjustment to supervision through the use of a supervision
reassessment form, and a set of web-based reports on the risk
and needs characteristics of youthful offenders

System
Thirty-five of Missouri’s 45 judicial circuits are currently using the
system for the purpose of case management decision-making
and workload estimation, 20 of which utilize Missouri’s
automated case management system (JIS), which provides for an
automated version of the classification system.

The objective of the Risk Assessment Scale is to permit accurate
classification of juvenile offenders referred to Missouri Juvenile
Courts according to their likelihood of recidivating. Offenders are
classified as being at Low, Moderate, or High risk for new offense
behavior.
The risk scale is comprised of the following ten “risk factors”
shown by research to be associated with offense behavior:
Age at first referral
Prior referrals
Peer relationships
Family dynamics
School behavior
History of abuse and/or neglect
Referrals for assault
History of out-of-home placement
Substance abuse
History of parental incarceration

The aim of the Needs Assessment Scale is to identify the type and
seriousness of psychosocial need presented by juvenile offenders.
Currently, the needs scale addresses the following 16 areas relevant
to the psychosocial development of youthful offenders:Behavior
problems
Attitude
Interpersonal skills
History of abuse and neglect
Mental health
Substance abuse
School attendance/disciplinary
Academic performance
Learning disorder
Employment
Juvenile's parental responsibility
Physical health
Parental management style
Parental mental health
Parental substance abuse
Social support

Missouri Revised Statutes
Chapter 219 Youth Services
Definitions.219.011. 1.
As used in sections 219.011 to 219.086, unless the context
clearly indicates otherwise, the following terms mean:
(1) "Aftercare supervision", treatment and control of children in
the community under the jurisdiction of the division;
(2) "Board", the state advisory board of youth services;
(3) "Child", a person under eighteen years of age;
(4) "Commit", to transfer legal and physical custody;
(5) "Community based treatment", a treatment program which is
locally or regionally based;
(6) "Department", the department of social services;
(7) "Director", the director of the division of youth services;
(8) "Division", the division of youth services.
2. When consistent with the intent of sections 219.011 to
219.086, the singular includes the plural, the plural the singular
and the masculine the feminine.

Responsibilities of division of youth services--rules,
procedure.219.016.
1. The division is responsible within the terms of sections 219.011
to 219.086, for the prevention and control of juvenile delinquency
and the rehabilitation of children.
2. The division shall be responsible for the development and
administration of an effective statewide comprehensive program
of youth services. This shall include, but not be limited to:
(1) Providing for the reception, classification, care, activities,
education and rehabilitation of all children committed to the
division;
(2) Administering the interstate compact on juveniles;
(3) Collecting statistics and information relating to the nature,
extent, and causes of, and conditions contributing to the
delinquency of children;
(4) Evaluating existence and effectiveness of delinquency
prevention and rehabilitation programs;

(5) Preparing a master plan for the development of a statewide
comprehensive system of delinquency prevention, control and
rehabilitation services;
(6) Providing from funds specifically appropriated by the
legislature for this purpose, financial subsidies to local units of
government for the development of community-based treatment
services;
(7) Developing written instructional, informational, and standard
setting materials relating to state and local delinquency
prevention, control and rehabilitation programs, as herein
provided;
(8) Cooperating with and assisting within the scope of sections
219.011 to 219.086, other public and voluntary agencies and
organizations in the development and coordination of such
programs; and

(9) Upon request:
(a) Assist local units of government in the development of
community-based treatment services; and
(b) Provide technical assistance and consultation to law
enforcement officials, juvenile courts, and other community child
care agencies.
3. The division shall be responsible for carrying out all functions,
duties, and responsibilities pertaining to the prevention of juvenile
delinquency as may be assigned to it by the director, including, but
not limited to:
(1) Comprehensive planning and provision of technical assistance
for statewide and local programs for the diversion of children from
the juvenile justice system, to the extent that diversion can be
safely accomplished with due regard to the safety of the
community and the well-being of the children involved;

(2) Developing programs for the training and development of
professional, paraprofessional, and volunteer personnel in this field;
(3) Cooperating with and assisting other agencies serving children
and youth; and
(4) Promoting the strengthening and expansion of those programs
which have been shown to be effective in reducing juvenile crime.
4. The division shall cause to be made and maintained full and
complete written records of all studies and examinations and of the
conclusions and recommendations based thereon; of all major
decisions and orders concerning the disposition and treatment of
every child with respect to whom the division provides, or arranges
to have provided, care, treatment, and supervision pursuant to
sections 219.011 to 219.086; and to maintain records of all business
transactions necessary for proper conduct and maintenance of the
division.

5. The division is authorized to enter into arrangements with the
federal government for the receipt of federal funds to carry out
the purposes of sections 219.011 to 219.086 and, for the
achievement of that objective, may enter into contracts and
agreements with and submit such plans and reports to the
federal government as may be required and which are not
contrary to the provisions of this or any other act.
6. The division, pursuant to regulations promulgated by it, shall
establish comprehensive training programs for persons
employed by it or to be employed by it in carrying out the
provisions of sections 219.011 to 219.086 and for persons
employed or to be employed by agencies and organizations, both
public and private, engaged in activities relating to the
prevention of delinquency and the provision of care and
treatment to delinquent children.

7. The division may provide the costs of stipends and tuition,
allowances for travel and subsistence expenses and, with respect to
employees of the division granted leave to undertake approved
training, continuation of the salaries and other benefits of such
employees.
8. The division may, at the request of the circuit court, provide or
supplement juvenile court services for children in that circuit, the
extent of the services to be specified by written agreement
between the division and the court. Children who receive such
services shall remain under the supervision of the juvenile court
and shall not be committed to the division without full and proper
hearing as provided under subsection 1 of section 211.171.

9. Upon the request of the division, with the written consent of the
director of the department, the office of administration shall draw a
warrant payable to the business manager of the division or any of
its facilities, in an amount to be specified by the director of the
department, not to exceed, however, the sum of four thousand
dollars for each such facility. The sum shall be administered by the
business manager as a revolving fund to be used in the payment of
incidental expenses of the facility for which he has been appointed.
All expenditures shall be made in accordance with rules and
regulations established by the office of administration.
10. No rule or portion of a rule promulgated under the authority of
this chapter shall become effective unless it has been promulgated
pursuant to the provisions of section 536.024.

Chapter 211 Juvenile Courts
Purpose of law--how construed.
211.011. The purpose of this chapter is to facilitate the
care, protection and discipline of children who come
within the jurisdiction of the juvenile court. This chapter
shall be liberally construed, therefore, to the end that each child
coming within the jurisdiction of the juvenile court shall receive
such care, guidance and control as will conduce to the child's
welfare and the best interests of the state, and that when such
child is removed from the control of his parents the court shall
secure for him care as nearly as possible equivalent to that which
should have been given him by them. The child welfare policy of
this state is what is in the best interests of the child.

Definitions.211.021. *1. As used in this chapter, unless the context
clearly requires otherwise:
(1) "Adult" means a person seventeen years of age or older except
for seventeen-year-old children as defined in this section;
(2) "Child" means any person under seventeen years of age and
shall mean, in addition, any person over seventeen but not yet
eighteen years of age alleged to have committed a status offense;
(3) "Juvenile court" means the juvenile division or divisions of the
circuit court of the county, or judges while hearing juvenile cases
assigned to them;

(4) "Legal custody" means the right to the care, custody and control
of a child and the duty to provide food, clothing, shelter, ordinary
medical care, education, treatment and discipline of a child. Legal
custody may be taken from a parent only by court action and if the
legal custody is taken from a parent without termination of parental
rights, the parent's duty to provide support continues even though
the person having legal custody may provide the necessities of daily
living;
(5) "Parent" means either a natural parent or a parent by adoption
and if the child is illegitimate, "parent" means the mother;

(6) "Shelter care" means the temporary care of juveniles in
physically unrestricting facilities pending final court disposition.
These facilities may include:
(a) "Foster home", the private home of foster parents providing
twenty-four-hour care to one to three children unrelated to the
foster parents by blood, marriage or adoption;
(b) "Group foster home", the private home of foster parents
providing twenty-four-hour care to no more than six children
unrelated to the foster parents by blood, marriage or adoption;
(c) "Group home", a child care facility which approximates a family
setting, provides access to community activities and resources,
and provides care to no more than twelve children;

(7) "Status offense", any offense as described in subdivision (2) of
subsection 1 of section 211.031.
2. The amendments to subsection 1 of this section, as provided for
in this act**, shall not take effect until such time as appropriations
by the general assembly for additional juvenile officer full-time
equivalents and deputy juvenile officer full-time equivalents shall
exceed by one million nine hundred thousand dollars the amount
spent by the state for such officers in fiscal year 2007 and
appropriations by the general assembly to single first class counties
for juvenile court personnel costs shall exceed by one million nine
hundred thousand dollars the amount spent by the state for such
juvenile court personnel costs in fiscal year 2007 and notice of such
appropriations has been given to the revisor of statutes.

Juvenile court commissioner, appointment, where, term,
compensation.211.023.
In each county of the first class having a charter form of
government, except those counties having a family court as
provided in sections 487.010 to 487.190, a majority of the circuit
judges, en banc, may appoint one or two persons who shall have
the same qualifications as a circuit judge to act as commissioners.
The commissioners shall be appointed for a term of four years. The
compensation of a commissioner shall be the same as set by law for
associate circuit judges of the county for which they are appointed,
payable by the state, and the commissioners shall devote full time
to such duties.

Juvenile court commissioner, appointment, where, term,
compensation.211.023.
In each county of the first class having a charter form of
government, except those counties having a family court as
provided in sections 487.010 to 487.190, a majority of the circuit
judges, en banc, may appoint one or two persons who shall have
the same qualifications as a circuit judge to act as commissioners.
The commissioners shall be appointed for a term of four years. The
compensation of a commissioner shall be the same as set by law
for associate circuit judges of the county for which they are
appointed, payable by the state, and the commissioners shall
devote full time to such duties.

Rights of child when taken into custody (Miranda warning)--rights
of child in custody in abuse and neglect cases.211.059. 1. When a
child is taken into custody by a juvenile officer or law enforcement
official, with or without a warrant for an offense in violation of the
juvenile code or the general law which would place the child under
the jurisdiction of the juvenile court pursuant to subdivision (2) or (3)
of subsection 1 of section 211.031, the child shall be advised prior to
questioning:
(1) That he has the right to remain silent; and
(2) That any statement he does make to anyone can be and may be
used against him; and
(3) That he has a right to have a parent, guardian or custodian
present during questioning; and
(4) That he has a right to consult with an attorney and that one will
be appointed and paid for him if he cannot afford one.

2. If the child indicates in any manner and at any stage of
questioning pursuant to this section that he does not wish to be
questioned further, the officer shall cease questioning.
3. When a child is taken into custody by a juvenile officer or law
enforcement official which places the child under the jurisdiction
of the juvenile court under subdivision (1) of subsection 1 of
section 211.031, including any interactions with the child by the
children's division, the following shall apply:

(1) If the child indicates in any manner at any stage during
questioning involving the alleged abuse and neglect that the
child does not wish to be questioned any further on the
allegations, or that the child wishes to have his or her parent,
legal guardian, or custodian if such parent, guardian, or
custodian is not the alleged perpetrator, or his or her
attorney present during questioning as to the alleged abuse,
the questioning of the child shall cease on the alleged abuse
and neglect until such a time that the child does not object to
talking about the alleged abuse and neglect unless the
interviewer has reason to believe that the parent, legal
guardian, or custodian is acting to protect the alleged
perpetrator. Nothing in this subdivision shall be construed to
prevent the asking of any questions necessary for the care,
treatment, or placement of a child; and

(2) Notwithstanding any prohibition of hearsay evidence, all video or
audio recordings of any meetings, interviews, or interrogations of a
child shall be presumed admissible as evidence in any court or
administrative proceeding involving the child if the following conditions
are met:
(a) Such meetings, interviews, or interrogations of the child are
conducted by the state prior to or after the child is taken into the
custody of the state; and

(b) Such video or audio recordings were made prior to the adjudication
hearing in the case. Nothing in this paragraph shall be construed to
prohibit the videotaping or audiotaping of any such meetings,
interviews, or interrogations of a child after the adjudication hearing;
and
(3) Only upon a showing by clear and convincing evidence that such a
video or audio recording lacks sufficient indicia of reliability shall such
recording be inadmissible.
The provisions of this subsection shall not apply to statements
admissible under section 491.075 or 492.304 in criminal proceedings.

Arrested child taken before juvenile court--transfer of
prosecution to juvenile court--limitations on detention of
juvenile--detention hearing, notice.211.061.
1. When a child is taken into custody with or without warrant for
an offense, the child, together with any information concerning the
child and the personal property found in the child's possession,
shall be taken immediately and directly before the juvenile court or
delivered to the juvenile officer or person acting for him.

2. If any person is taken before a circuit or associate circuit
judge not assigned to juvenile court or a municipal judge, and
it is then, or at any time thereafter, ascertained that he or she
was under the age of seventeen years at the time he or she is
alleged to have committed the offense, or that he or she is
subject to the jurisdiction of the juvenile court as provided by
this chapter, it is the duty of the judge forthwith to transfer
the case or refer the matter to the juvenile court, and direct
the delivery of such person, together with information
concerning him or her and the personal property found in his
or her possession, to the juvenile officer or person acting as
such.

3. When the juvenile court is informed that a child is in detention
it shall examine the reasons therefor and shall immediately:
(1) Order the child released; or
(2) Order the child continued in detention until a detention
hearing is held. An order to continue the child in detention shall
only be entered upon the filing of a petition or motion to modify
and a determination by the court that probable cause exists to
believe that the child has committed acts specified in the petition
or motion that bring the child within the jurisdiction of the court
under subdivision (2) or (3) of subsection 1 of section 211.031.

4. A juvenile shall not remain in detention for a period greater than
twenty-four hours unless the court orders a detention hearing. If
such hearing is not held within three days, excluding Saturdays,
Sundays and legal holidays, the juvenile shall be released from
detention unless the court for good cause orders the hearing
continued. The detention hearing shall be held within the judicial
circuit at a date, time and place convenient to the court. Notice of
the date, time and place of a detention hearing, and of the right to
counsel, shall be given to the juvenile and his or her custodian in
person, by telephone, or by such other expeditious method as is
available.

Secure detention, limitations--probable cause hearing required,
when--definitions--application of law.
211.063. 1. A child accused of violating the provisions of subdivision (2)
of subsection 1 of section 211.031 shall not be held in a secure
detention placement for a period greater than twenty-four hours,
excluding Saturdays, Sundays and legal holidays, unless the court finds
pursuant to a probable cause hearing held within that twenty-four-
hour period, that the child has violated the conditions of a valid court
order and that:
(1) The child has a record of willful failure to appear at juvenile court
proceedings; or
(2) The child has a record of violent conduct resulting in physical injury
to self or others; or
(3) The child has a record of leaving a court-ordered placement, other
than secure detention, without permission.

2. As used in this section, the following terms mean:
(1) "Secure detention", any public or private residential facility used for
the temporary placement of any child if such facility includes
construction fixtures designed to physically restrict the movements and
activities of children held in the lawful custody of such facility;
(2) "Valid court order", an order issued by a court of competent
jurisdiction regarding a child who has been brought before the court,
which sets forth specific conditions of behavior for the child and
consequences of violations of such conditions.

3. This section shall not apply:
(1) To a child who has been taken under the jurisdiction of the
court pursuant to subdivision (3) of subsection 1 of section
211.031; or
(2) To a child who was adjudicated pursuant to subdivision (3) of
subsection 1 of section 211.031 after being taken under the
jurisdiction of the court; or
(3) To a child who is currently charged with a violation under
subdivision (3) of subsection 1 of section 211.031.

Petition in juvenile court--contents--dismissal, juvenile officer to
assess impact on best interest of child.211.091.
1. The petition shall be entitled "In the interest of ............., a child
under seventeen years of age" or "In the interest of ..........., a
child seventeen years of age" or "In the interest of ................, a
person seventeen years of age" as appropriate to the subsection
of section 211.031 that provides the basis for the filing of the
petition.

2. The petition shall set forth plainly:
(1) The facts which bring the child or person seventeen years of age
within the jurisdiction of the court;
(2) The full name, birth date, and residence of the child or person
seventeen years of age;
(3) The names and residence of his or her parents, if living;
(4) The name and residence of his or her legal guardian if there be
one, of the person having custody of the child or person seventeen
years of age or of the nearest known relative if no parent or
guardian can be found; and
(5) Any other pertinent data or information.

3. If any facts required in subsection 2 of this section are not known
by the petitioner, the petition shall so state.
4. Prior to the voluntary dismissal of a petition filed under this
section, the juvenile officer shall assess the impact of such dismissal
on the best interests of the child, and shall take all actions
practicable to minimize any negative impact.

Qualifications of juvenile officer, how determined--effect on
persons now in office.211.361. 1. Whenever the need arises for the
appointment of a juvenile officer, the juvenile court shall either:
(1) Provide, by rule of court, for open competitive written and oral
examinations and create an eligible list of persons who possess the
qualifications prescribed by subdivision (2) and who have
successfully passed such examination; or
(2) Appoint any person over the age of twenty-one years who has
completed satisfactorily four years of college education with a major
in sociology or related subjects or who, in lieu of such academic
training, has had four years or more experience in social work with
juveniles in probation or allied services.

2. This section does not terminate the existing appointment nor
present term of office of any juvenile officer or deputy juvenile
officer in any county, but it applies to any appointment to be made
after the existing appointment or term of office of any incumbent
terminates or expires for any reason whatsoever.

Referencias:
http://www.npr.org/templates/story/story.php?storyId=1578426
4
http://missouriapproach.org/
http://www.courts.mo.gov/page.jsp?id=1741
http://www.nytimes.com/2009/03/27/us/27juvenile.html?pagew
anted=all&_r=0
http://www.dss.mo.gov/dys/index.htm

Estrada 2013 El Modelo de Missouri

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