Minor offenses:Many issues with youth crime begin in the home (2024)

Editor’s Note: This is the fourth and final part of our series examining youth crime in Indianola and the surrounding area.

In our previous attempts to illuminate how major infractions perpetrated by minors are handled within the judicial system, we have delved into the roles and responsibilities of the courts, law enforcement and other agencies as they relate to juvenile offenders.

It doesn’t matter if the minors are classified as incorrigible, delinquent, children in need of supervision or felons; they require special handling and will have to pass through at least one of these agencies.

Some minors may fall into more than one of these classifications at one time. It falls upon the accountability of each agency that is involved to render the best services possible by providing for the needs of the youths once they have been identified.

Once a petition is filed by the county attorney and an adjudication hearing is held, it is then up to the judge to make the best possible recommendation including an informal adjustment. Judge Debra Giles said, "You take each child on an individual basis. So, I ask a lot of questions. Have I had that child before, what's the offense, what has happened?"

Giles offered reassurance that the court’s goal is not to arbitrarily incarcerate or institutionalize children.

"We're not here to put every kid away, in detention, on probation, but to encourage, inspire, and empower and that can be through rehabilitation. Our goal is to look at the best interests of the child and to get these kids back on track to prevent them from ultimately ending up in circuit court with a felony offense that could lead to incarceration in the state prison system. We can't do that if it's a continual cycle and the only time we get it is when the kid is 16 or 17," Giles said.

But what does it take to help keep them out of the system?

The general consensus is that it is going to take more parental involvement. The problems confronting many of today’s youths could be minimized if the parents would realize that good parental skills are a part of the solution.

Giles has stated that there are many elements to consider in dealing with the treatment of youths in the criminal justice system, such as the family, school and home environment.

“So, we have to look at family engagements, family risk assessments, family needs assessments, youth risk assessments, youth strengths and youth needs assessments as well as educational assessments," Giles said.

She added, "There (are) so many layers to the youths that a lot of people don't realize. You’ve always got to consider—some of the kids that are delinquent or having delinquent acts—what else is going on in that home.”

Giles asserted that in order to be truly effective, it is necessary for the courts to have some insight on what’s going on in the home environment, which is not easily done because the court doesn't have eyes and ears in the homes.

She also mentioned trauma-related offenses and noted that with some delinquent children the court definitely has to consider what's going on in their household and what traumas the youths have been exposed to.

She acknowledged that she is not overlooking their delinquent acts, but there are so many more tiers that the court has to consider. "And that's what you've got to do when you're trying to decide their disposition," she said.

There are studies that directly correlate trauma to the offenses that people commit either trauma they’ve experienced personally or trauma they’ve witnessed, including physical abuses as well as drug and alcohol related abuses.

Giles said she is working towards bringing a person onboard to do initial risk and needs assessments on each child and each family. "That would help us determine what services need to be placed (and) what would be the appropriate disposition for this kid." It will also assist the court in determining what other resources we need to bring to the community to aid in accomplishing the goal of rehabilitation.

"These kids are being raised to the best abilities of some parents, but yet and still we have to hold these parents accountable. And that's where I am at this point. I've got to hold these parents to some level of accountability and responsibility especially if I'm seeing the same individuals."

Giles said she often has parents who are eager and willing to surrender their incorrigible minors to the court, citing that they (the parents) are done trying to raise them up in the way they should go. Some of these minors have behavioral problems, which makes it difficult to find the necessary resources to address their needs and placing them in the detention center is not always the best option.

But, she asserts that there is nothing the court can do because it doesn't have adequate resources to house the children. “Child Protection Services resources are exhausted and many foster parents will not take teenagers into their home,” Giles stated, “We must work very hard to maintain the child in his/her home, because removal from a home is even more traumatic for the minor child.”

Those children, who are in need of supervision or a child in need of special services, are in some instances a child with a mental health diagnosis and their behavior is a manifestation of their mental illness. In those instances, again the detention center is not always the ideal option and they may not meet the criteria for acute care services, Giles said. Therefore, the court must consider other alternatives.

Giles said there is a constant question on her mind. “Have you done everything that you can do to, in some way, rehabilitate this kid?" She clarified that her intent was not to excuse punishment because even with punishment, you've got to rehabilitate.

“You've got to remember these are youth and though they are committing serious offenses—and that's something we truly have to take in consideration—several of them are committing serious offenses that would possibly be an adult conviction, possibly an adult imprisonment, they're 14, 15 years old. Their brain has not developed; their brains do not develop until they're 25 years of age," Giles said.

Another problem plaguing the youths is high mortality rates. "We're seeing increases in possible suicides or at least the thought process,” Giles said.

Ideally, she would like to have social workers assigned to the court who will be trained to go into a home and assess the situations—some eyes and ears in the home of those children who committed delinquent offenses. She sees that as part of the solution —having an experienced person to find out what the needs are because the disposition may not always be with the child. It can sometimes be with the parent, especially with delinquents. But more importantly, she would like to see more resources in the Delta as well as community partnerships and collaborations.

The Department of Child Protection Services plays an important role in the juvenile justice system as whenever a child is injured, regardless of the circ*mstances and especially if it results in death or involves a crime, some notification needs to go to CPS.

In addition, CPS is supposed to be informed whenever circ*mstances involving abuse, neglect or exploitation including human trafficking occurs and a child is involved.

CPS also works with the state attorney general’s office through a children’s liaison to combat the ever-increasing problem of sex trafficking. There is reportedly a lot more of that going on within Mississippi than most people realize.

Law enforcement handles the criminal part; but it is up to child protection services to handle the needs of the child that is involved.

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