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R2011-134 - 2011-11-14RESOLUTION NO. R 2011 -134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS ADOPTING ETHICAL AND TRAINING STANDARDS FOR JUVENILE CASE MANAGER(S) EMPLOYED BY THE CITY OF PEARLAND, PROVIDING FOR IMPLEMENTATION OF SAID STANDARDS, AND PROVIDING FOR PERIODIC REVIEW TO ENSURE IMPLEMENTATION OF THE REQUISITE STANDARDS. WHEREAS, the City has, pursuant to Code of Criminal Procedure 102.0174, authorized a Juvenile Case Manager Fund supported by additional costs assessed and collected in municipal court; and WHEREAS, the City has, pursuant to Code of Criminal Procedure 45.056, employed a Juvenile Case Manager to provide services in cases involving juvenile offenders before the court; and WHEREAS, the 82 Texas Legislature enacted Senate Bill 61, which requires a governing body employing a Juvenile Case Manager to adopt, by December 1, 2011, reasonable rules for Juvenile Case Managers that provide for a code of ethics, educational pre service and in- service training standards, and training in relevant substantive areas; and WHEREAS, the City wishes to ensure that its Juvenile Case Manager(s) receive the requisite training and are held to the highest ethical standards; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. The City hereby adopts the Juvenile Case Manager Code of Ethics, attached hereto as Exhibit "A as the ethical standard to which the City's Juvenile Case Manager(s) shall be held. Section 2. The City hereby adopts the Educational Pre service and In- service Training Standards, attached hereto as Exhibit "B as the appropriate educational standards for its Juvenile Case Manager(s). Section 3. The City hereby requires that its Juvenile Case Manager(s) receive training in the role of the Juvenile Case Manager, case planning and management, applicable procedural and substantive law, courtroom proceedings and presentation, services to at -risk youth, local programs for juveniles, and the detection and prevention of abuse, exploitation, and neglect of juveniles, as set forth in Exhibit "C'. Section 4. The City hereby requires annual review of its Juvenile Case Manager(s) to ensure implementation of the rules adopted herein by the appropriate personnel. Section 5. The City hereby directs that the rules adopted herein be implemented by the appropriate personnel. 2011. ATTEST: PASSED, APPROVED and ADOPTED this the 14 day of November, A.D., APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR EXHIBIT A CODE OF ETHICS FOR JUVENILE CASE MANAGERS PREAMBLE The goal of the Juvenile Case Manager is to assist the Court in administering the Court's juvenile docket and in supervising its court orders in juvenile cases. The mission of the Juvenile Case Manager is to assist judges in providing juveniles the resources to shape their futures, connect with the community, and become law abiding citizens. This Code of Ethics is to be applied in conjunction with the City of Pearland Core Beliefs. When applying this Code of Ethics, keep foremost in mind that the City is guided at all times by the values of integrity, excellence, compassion, and respect for the dignity of every person. STANDARDS Confidentiality. A Juvenile Case Manager shall not disclose to any unauthorized person any confidential information acquired in the course of employment. A Juvenile Case Manager shall not violate the confidentiality of juvenile clients, unless it is to seek consultation services from within the case management program, school campus, or the juvenile has threatened to harm himself, herself or others, or to provide details of any criminal activity or enterprise. Conflicts of Interest. A Juvenile Case Manager shall be alert to and avoid conflicts of interest that interfere with the exercise of professional discretion and impartial judgment. In order to maintain the community's trust in the judicial system, a Juvenile Case Manager will not solicit or accept improper gifts, gratuities, or loans, and will not engage in business relationships that give rise to an appearance of impropriety. Competence. A Juvenile Case Manager shall endeavor at all times to perform official duties properly and with courtesy and diligence. A Juvenile Case Manager shall fulfill his or her duty and represent himself or herself only within the boundaries of their education, training, license, certification, consultation received, supervised experience, or other relevant professional experience. Respect for the Law. A Juvenile Case Manager shall abide by all federal, state, county, and municipal laws, guidelines, ordinances and rules. A Juvenile Case Manager shall be familiar with the Texas Code of Judicial Conduct and the basic standards to which members of the judiciary are held. Abuse of Position. A Juvenile Case Manager shall not use or attempt to use his or her official position to secure unwarranted privileges or exemptions for himself, herself, or any other person. A Juvenile Case Manager shall always maintain an appropriate relationship with juveniles coming under the jurisdiction of the Court. A Juvenile Case Manager shall not discriminate against any person on the basis of age, sex, creed, sexual preference, disability, or national origin. ENFORCEMENT Any alleged violation of applicable ethical standards shall be subject to investigation and discipline by the hiring entity's designated department or supervisor. EXHIBIT B Educational Pre Service and In- Service Training Standards for Juvenile Case Manager(s) City of Pearland adopts the following standards as Educational /Experience Requirements for Juvenile Case Manager(s): Bachelor's degree (B.A) from a four -year college or university and minimum of two years combination related experience and /or training in area of case management. TMCEC —Level 1 certification through Texas Municipal Court Education Center must be obtained within two (2) years of hire date. Level II Certification encouraged. In conjunction with the above requirements, the City of Pearland adopts the following standards of Pre Service or In- Service Training for Juvenile Case Managers: 24 hours training required within the first year and continuing education of eight (8) hours per year thereafter in topics such as, but not limited to; Juvenile Law and Introduction to Court Procedure Interagency Collaboration Risk Assessment Juvenile Mental Health Child Psychology Family Violence Substance Abuse Sex Offenders Bullying Reporting Guidelines EXHIBIT C Juvenile Case Manager Resources Case Plans and Case Management SB 61 passed in the Texas Legislative Session, established requirements for juvenile case managers employed by Texas municipal courts. These requirements include training in topics including case plans and case management. Case management is one of the strategies used by juvenile case managers to reduce juvenile crime and help prevent children from becoming further involved in the justice system. The case manager coordinates with local service providers to assist families in obtaining counseling, human services, or other assistance. The case plan serves as a road map to keep all parties apprised of services that have been arranged and the status of service provision. Case plans are typically developed during an intake meeting with the family. The information gathered during the meeting assists the case manager in identifying the family's needs, services they may be currently receiving, and additional services that are needed. The greater the family's involvement in the development of the plan, the greater their commitment to the activities and goals contained in the plan. Once needs are identified and plans to address those needs are developed, the case manager is able to follow up with the family on a regular basis to determine progress and adjust the plan as needed. Moving from crisis management to case management reduces stress for all involved and allows for more effective service provision. This assists the case manager in meeting their goals of reducing juvenile crime and preventing children from becoming further involved in the juvenile justice system. Advantages of a case plan for the case manager: Aliows identification of strengths and needs; Allows better management of complex cases by breaking the various needs into smaller "pieces" Assists in identification of resources that best fit the child's needs; and Allows the opportunity to demonstrate that the child is responsible for their failure or success. Advantages for the youth: Provides alternate solutions and strategies for avoiding risky behavior or situations; Opportunity to learn cause and effect, how his or her behavior created the given situation Provides a clear understanding of who is responsible for what in terms of accomplishing the goals descnibed in the case plan: and Aliows the child to "Iearn" how to deal with problems by setting and achieving short and long term goals. EXHIBIT C Advantages for the parent /guardian: Detecting and Preventing Abuse, Exploitation, and Neglect of Juveniles Why? Article 45.056, Code of Criminal Procedure, was recently amended in regards to juvenile case managers. Section 2, Subsection f, states that the governing body of the employing governmental entity under Subsection (a) shall adopt reasonable rules for juvenile case managers that provide training in detecting and preventing abuse, exploitation, and neglect of juveniles. What? Increases consistency when dealing with problem situations or behavior; Provides understanding of the consequences of ineffective approaches and also positive consequences of effective goal setting; Allows the parent to "learn" how to deal with problems by setting and achieving short and long term goals; and Gives parent a clear understanding of what is expected of them and what they can expect from the case manager. The following are those areas in which juvenile case manager (JCM) training is required. The JCM should know the Texas Family Code definition of abuse, exploitation and neglect of juveniles as they will have direct access to families and juveniles in their home, school, and community environments. These definitions can be found at httr: /lwww.dfrs.state.tx.us /contact us /report abuse.aso. As per the Family Code, all citizens of Texas are required to report the belief of abuse, neglect, or exploitation of a child. Any person suspecting abuse and not reporting it can be held liable for a misdemeanor or state jail felony. JCMs should have immediate knowledge of the procedure for reporting abuse, neglect, or exploitation as they may find evidence of such while investigating and preparing their reports to the court. JCMs consult with judges regarding: the child's home environment; the child's developmental, psychological, and educational status; the child's previous interaction with the justice system; and any sanction that is available to the court that would be in the best interest of the child (See Art.45.056(g), C.C.P., as amended by S.B. 209). JCMs are to give priority to cases brought under Section 25.093 (failure to attend school) and 25.094 (parent contributing to non attendance) of the Education Code. Juvenile offenders are likely to live in environments where there is potential for lack of supervision or neglect which may contribute to truancy. Therefore, JCMs must understand the complexity of how these EXHIBIT C environments are directly contributing to continued offending by the juvenile and/or parent and the hkelihood of current and potential abuse, neglect, or exploitation. Applicable Procedural and Substantive Law Training in applicable procedural and substantive law should include, but should not be limited to: The structure of the Texas judicial system and the jurisdiction of the municipal court; The basic elements of the criminal justice system, the juvenile justice system, their differences, and their interaotions; The role of the judge and the prosecutor; The rights of defendants; The elements and statutory foundations of fine-only misdemeanors often committed by juveniles; Procedures for summonsing juveniles and their parents/guardians into court; Sanctions available to the court to address and remedy offenses committed by juveniles, including mandatory sanctions required for commission of certain alcoholic beverage and tobacco offenses; and Procedures involving juveniles who become adults and who have unadjudicated cases or who have not complied with court orders Courtroom Proceedings and Presentation Training in applicable courtroom proceedings and presentation should include, but should not be limited to: The role af the juvenile case manager; Code of Ethics applicable to court employees generally and to juvenile case managers in particular; Courtroom protocol (covers attire, order of events, talking to defendants, etc.) and; Defining and maintaining professional boundaries between the juvenile case manager, the juvenile, and the juvenile's parents/guardians. The Role of the Juvenile Case Manager In Texas, municipal and justice courts come into contact with more children accused of violating the law than juvenile courts. Juvenile case managers are employed as a local strategic measure to help prevent children from becoming further involved in the justice system and to curb juvenile crime at the local level. A juvenile case manager provides services in cases involving juvenile offenders before a court consistent with the court's statutory powers[1]. Juvenile case managers assist the court in adrninistering the court's juvenile docket and in supervising its orders in juvenile cases.[2] Juvenile case managers timely report any information or recommendations relevant to assisting the judge in making decisions that are in the best interest of the child.[3] EXHIBIT C While state law provides some parameters, the work performed by juvenile case managers is determined in light of local needs and circumstances. Accordingly, case managers may also perform intake duties on complaints filed, operate diversion programs, implement dispositional orders by providing supervision services, and initiate proceedings for enforcing those orders in the event of a violation.[4] [1] Article 45.050/a\U>. Code vf Criminal Procedure. [2] Article 45.056 (c). [3] Article 45.0560. Wl Robert Dawson, Texas Juvenile Law /7m Texas Juvenile Probation Commission (2008) Services to At-Risk Youth Under Subchapter D, Chapter 264, Family Code Why? Section 264.302 provides that an "At-Risk Youth" or a parent of the youth may be referred to the Department of Protective and Regulatory Services (DPRS) by municipal courts in Texas as part of sentencing, Such services require that there be a contract for services with the DPRS within the county. If there is a contract for services, and the court orders that services be provided, then the DPRS "shall provide services for the child and the child's family." Municipal courts also have broad authority to make further orders for the best interest of the child and in order to obtain cornpliance of the court order. Article 45.057 of the Texas Code of Criminal Procedure also grants municipal courts broad authority to make orders to increase the likelihood that children and their families will comply with court orders that are designed to lower recidivism and address the underlying behavior highlighted by the commission of the crime. It is critical that courts have a method for creating a broad referral base in order to avail the court of the ability to increase compliance with the court's orders and the laws of the State of Texas. What? The services available for the court to order include, crisis family intervention, emergency short- term nnoidenba|oarefo/ohi|doen1Oyo8ronfo8eoru|der.{ami|yoounoo|inV,pmreotinguki||n training, youth coping skills training, advocacy training, and mentoring. (Sec. 264.302 (0(1-7), Fanli|yCnde) Under Texas Code of Criminal Procedure, Art. 45.057, a court may enter orders addressing the concerns and issues presented by Section 264.302(f) but may also enter an order requiring that EXHIBIT C the child attend a special program the court determines to be in the best interest of the child. Where there are services which have been approved by the county, the court may enter an order that includes rehabilitation, counseling, self-esteem, and leadership, work and job skills training, job interviewing and work preparation, self-improvement, parenting, manners, violence avoidance, tutoring, sensitivity training, parental responsibility, community service, restitution, advocacy, ormnnt0riog.(ArL45.057(2). Code Of Criminal Procadvno), The court may also enter orders requiring the parents to take classes, attend school classes and functions, and refrain from behavior provided the court makes specific findings of the need for the orders in order to insure compliance of the courts orders. See Art. 45.057(3), C.C.P. The court may order the parent to incur the costs of such programs not to exceed $100 to pay for the costs of the program. See Art. 45.057(4), C.C.P. Local Programs and Services for Juveniles and Methods to Access Those Programs and Services Why? Community resource awareness is an essential component in accessing services for juveniles. Community resources encourage the healthy development of juveniles and families through direct services. These community resource services aid in addressing the cause of delinquent behavior, re-enforce accountability, remove barriers, and reduce recidivism. What? The Iocal services may include: crisis family intervention; ernergency short-term residential care for children 10 years of age or older; family counseling; parenting skills trairiing; youth coping skills training; advocacy training; and mentoring. These may be accessed through court referrals, school referrals, community referrals, and/or through Texas 2`1'1. S.B. 61 AN ACT relating to juvenile case managers. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. The heading to Article 45.056, Code of Criminal Procedure, is amended to read as follows: Art. 45.056. [AUTIIQPdTY TO EMPLOY] JUVENILE CASE MANAGERS[; 9 1 SECTION 2. Article 45.056, Code of Criminal Procedure, is amended by amending Subsection (d) and adding Subsections (f), (g), and (h) to read as follows: (d) Pursuant to Article 102.0174, the court or governing body may pay the salary and benefits of a juvenile case manager and the costs of training, travel office supplies, and other necessary expenses relating to the position of the juvenile case manager from the juvenile case manager fund. (f) The governing body of the employing governmental entity under Subsection (a) shall adopt reasonable rules for juvenile case managers that provide: (1) a code of ethics, and for the enforcement of the code of ethics; (2) appropriate educational preservice and in- service training standards for juvenile case managers; and (3) training in: (A) the role of the juvenile case manager; (B) case planning and management; CC) applicable procedural and substantive law; (D) courtroom proceedings and presentation; (E) services to at -risk youth under Subchapter D, Chapter 264, Family Code; (Fl local programs and services for juveniles and methods by which juveniles may access those programs and services; and (G) detecting and preventing abuse, exploitation and neglect of juveniles. (g) The employing court or governmental entity under this article shall implement the niles adopted under Subsection (fZ (h) The commissioners court or governing body of the municipality that administers a juvenile case manager fund under Article 102.0174 shall require periodic review of juvenile case managers to ensure the implementation of the rules adopted under Subsection (f), SECTION 3. Subsection (g), Article 102.0174, Code of Criminal Procedure, is amended to read as follows: (g) A fund created under this section may be used only to finance the salary, [and] benefits training, travel expenses, office supplies and other necessary expenses relating to the position of a juvenile case manager employed under Article 45.056. The find may not be used to supplement the income of an employee whose primary role is not that of a juvenile case manager. SECTION 4. Not later than December 1, 2011, the governing body of a governmental entity that employs a juvenile case manager under Article 45.056, Code of Criminal Procedure, as amended by this Act, shall adopt the rules required by that article. SECTION 5. This Act takes effect immediately if it receives a vote of two thirds of all the members elected to each house, as provided by Section 39, Article 1II, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2011.