Belmont County Juvenile Court 2018 Annual Report

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Belmont County Juvenile Court 2018Annual ReportHonorable Albert E. DaviesCourt of Common PleasJuvenile and Probate DivisionCourthouse101 W. Main StreetSt. Clairsville, Ohio 43950

From the JudgeTo the Citizens of Belmont County:Excited and extremely grateful to have the opportunity, I providemy initial annual report for the Court of Common Pleas ofBelmont County, Ohio, Probate/Juvenile Division. I was sworn inas the 10th Probate/Juvenile Judge in the history of this veryimportant and impactful court on August 6, 2018. I was electedby the good citizens of Belmont County in November 2018 for theunexpired term of my predecessor, Judge J. Mark Costine, whoserved Belmont County for approximately twenty (20) yearsbefore retiring in the spring of 2018. Upon assuming my judicial duties it became readily apparent astrong foundation had been put in place to provide necessary services to our children and families. Iintend to build upon that foundation so as to continue to make a positive difference in the lives of thosein our community with an emphasis on our children. As President John F. Kennedy once said, “Childrenare the living messages we send to a time we will not see.”Please be aware that the Court of Common Pleas of Belmont County, Ohio, Probate/Juvenile Division isnot simply “standing on the sidelines” in regard to developing and implementing meaningful changes toimprove the best interest of our children and the community. Indeed, your Court is leading the way topromote positive changes, especially for our youth, and will strive to do so on a daily basis. The goal ofthe Court is to expand and improve our programs by taking into consideration national and state trendsand implementing evidence-based research that increases the likelihood of success for our children,families and Belmont County. Our vision is clear and our dedicated staff is determined to make a morethan positive difference into the future.Your Probate/Juvenile court addresses many different types of cases that affect very important lifeissues. On a regular and routine basis, the Court is called upon to preside over cases involving childrenwho have been neglected or abused, families who want to adopt, individuals who want to get married,matters involving will contests and the administration of estates, children accused of being delinquentor unruly, truancy and excessive school absences, and custody, visitation and child supportcases. Obviously, these cases can be challenging, difficult and heart wrenching but our staff is welltrained, caring and compassionate. Indeed, the teamwork of our dedicated professionals and staff is animportant part of the solutions and decisions set forth by the court. Of course, consideration andattention to the safety of our community, justice for victims and the best interests of the children andfamilies we serve are always an incredibly important component of everything we do at yourProbate/Juvenile Court.Since assuming the bench I have learned a lot about the operation of the Court, the programs of theCourt, and have tried to develop improvement when needed. One area that seemed to need someattention involved assistance to parents who have children that present challenges in their behaviors,actions, and communications. Accordingly, the Court recently started the “Parent Project.” The ParentProject is a nationally recognized parent education program wherein parents learn new strategies toaddress their children’s actions and behaviors with the goal being an improved relationship, a betterwell behaved youth and a reduction of stress and strife in the home. Additionally, we are hard at worktrying to develop meaningful and productive programs to address the unfortunate trend of “vaping”1

amongst our youth. We want to prevent all forms of drug use and that includes the unhealthy andunsafe effects of vaping. There will be more programs developed and offered which will provideadditional support for our youth and families in the future.The Probate Division of the Court remains very busy in matters concerning estates, guardianships,adoptions and name changes. Additionally, the court has added marriage ceremonies to the weeklydocket. Computer equipment is being updated so that access to files through scanned images anddocumentation can be accomplished by individuals in and benefiting from the oil and gas boom inBelmont County. Of course, these computer upgrades will assist anyone who needs to search relevantdocuments on record in the Probate Court.In closing, I humbly thank you for the opportunity to serve as Judge of the Court of Common Pleas ofBelmont County, Ohio, Probate/Juvenile Division and, with your support and confidence I look forwardto many years of service. Rest assured, I am committed to providing the best possible services from thejudiciary predicated upon honesty, integrity, responsibility, faith in God and concern for all of theprecious lives we serve.Judge Albert E. DaviesBelmont County Court of Common Pleas2

Juvenile Court StaffThe Honorable Albert E. DaviesJuvenile JudgeAmy BusicJennifer ShunkJim LangfordAndrea BrueggemeierMagistrateCourt AdministratorBailiffFiscal and IVE OfficerClerksAmy Tonkavich (Chief Deputy Clerk)Cheri Westlake (Asst. Chief Deputy Clerk)Linda TimkoAmber SikoraProbation OfficersKelly Carter (Chief Probation Officer)Allison PowellJohn MarkusCourtney CookTruant OfficersDana MistakJonell TolzdaAlternative School/CCAP ProgramNoah Atkinson (Program Coordinator)Aaron Walker (Probation Officer)Scott Watkins (Teacher)Jonell Tolzda (Probation Officer)Francine Davenport (Teacher)Substance Abuse ProgramsDave Carter (Coordinator/Probation Officer)Diane Elerick (Assist. Coor. /Probation Officer)Kara Mowery (Probation Officer)Diversion Program/Restitution & Community ServiceMary Lyle (Program Coordinator)Assigned to Juvenile CourtRhonda Greenwood (Assistant Prosecuting Attorney)Frank Pierce (Public Defender)Ted Tsoras (Asst. Public Defender)Harry White (Mediator)3

ContentsLetter from Judge (Preface) 1Juvenile Court Staff . 3Judge’s Biography 5Mission & Purpose .6Case Procedures . 7Dispositions . . .8Legal Definitions 9Programs . 11Statistics 234

Judge Albert E. DaviesThe Honorable Albert E. Davies took the Oath of Office as theCourt of Common Pleas, Probate and Juvenile Judge on August 6,2018. He was appointed by Governor John R. Kasich to serve theseat vacated by retired Judge J. Mark Costine. Judge Davies waselected to the bench on November 6, 2018 to complete theremainder of the unexpired term ending February 8, 2021.Serving as judge for the Belmont County Court, Eastern Division,from January 1, 2015 until August 6, 2019, Judge Davies ishonored to further his career in the judiciary as the BelmontCounty Juvenile and Probate Judge.Judge Davies sworn in by Judge FregiatoReceiving a bachelor of science degree from Miami University and a juris doctorate from the Universityof Toledo, during his career as a lawyer Judge Davies was admitted to practice in the state courts ofOhio, Pennsylvania, West Virginia and the Southern District of Ohio, Federal Court. Judge Davies was apartner in the law firm of Myser & Davies for over 25 years practicing in criminal law, family law, schoollaw, municipal law, corporate law and personal injury. He has represented several school districts inBelmont County and served as the Law Director for the City of St. Clairsville.Judge Davies is a member of the Ohio State Bar Association and the Belmont County Bar Association forwhich he previously served as president of the Belmont County Bar Association. He was a member ofthe St. Clairsville Chamber of Commerce and has served on the Board of Directors for Belco Works andthe Belmont County Special Olympics. Judge Davies is currently the lead Judge for the Oakview JuvenileRehabilitation Center and is on the Board of the Belmont Harrison Juvenile District.Judge Davies resides in St. Clairsville with his wife, Lenora Davies, and their two children.5

Mission and Purpose of the Juvenile CourtJuvenile Court is a division of the Court of Common Pleas. The Common Pleas has three divisions witheach division having specific jurisdiction: Probate, Juvenile and General.The Belmont County Juvenile Court is mandated to handle cases of children who are delinquent, unruly,neglected, dependent or abused. The Court also has the authority to take appropriate action deemed tobe in the best interests of said children, while considering what is necessary for the protection of thecommunity. Juvenile Courts have jurisdiction in juvenile traffic cases as well as adult cases involving:paternity, custody and/or child support, contributing to the delinquency of minors and failure to sendchildren to school.The mission of the Juvenile Court is stated in Section 2151 and 2152 of the Ohio Revised Code and theRules of Juvenile procedure as promulgated by the Supreme Court of Ohio. The guidelines are asfollows: To Provide for the care, protection, mental and physical development of thechildren subject to the Ohio Revised Code. To protect the public interest in removing the consequences of criminal behaviorand the tarnish of criminality from children committing delinquent acts and tosubstitute therefore a program of supervision, care, and rehabilitation. To achieve the foregoing purposes, whenever possible, in a family environment,separating the child from parents only when necessary for the welfare of thechild or in the interests of public safety. To provide judicial procedure through which the parties are assured a fairhearing and where constitutional and other legal rights are recognized andenforced. To (1) protect the public interest and safety, (2) hold offenders accountable, (3)to restore victims, (4) rehabilitate offenders, (5) provide for the care, protection,and mental and physical development of children. These purposes are to beachieved through a system of graduated sanctions and services.6

CASE PROCEDURES1. COMPLAINTThe complainant must go to the Prosecutor’s Office and fill out a statement of facts pertaining to thecase. A complaint may be filed by the police, probation officer, school officials, parents, victims, or anyadult who has knowledge of an offense. The Intake Clerk at the Prosecutor’s Office then obtainsapproval of the Assistant Prosecuting Attorney assigned to Juvenile Court as to the proper charge to befiled. The complaint is typed by the clerk, signed by the complainant, and sent to the Juvenile Court’sChief Deputy Clerk. The complaint is then filed with the Court and scheduled for a plea hearing. (In somecases of first time offenders, the complaint may be passed on to the Diversion Program Coordinators forunofficial handling.) The complaint file is then processed and a deputy clerk issues proper notices to theparties.2. PLEA HEARINGThe initial Court appearance is the plea hearing. During this hearing, an individual is apprised of theirright to counsel, other constitutional and procedural rights, and is made aware of the allegationsregarding the charge. If an individual denies the charge, the matter is set for pretrial. If a person admitsthe charge or the juvenile denies and is subsequently found to be delinquent or unruly, the matter maythen be continued for disposition or the Court may immediately follow with the adjudicatory anddispositional hearings.3. PRETRIALA pretrial is held in cases when a denial has been entered. The prosecutor and the defendant along withany representative the defendant may have discuss the case informally. During this process, theparticipants in the case gain information to formulate planning for further proceedings. The case isdiscussed off the record with all parties involved. If an agreement can be reached the case is presentedto the Judge.4. ADJUDICATORY HEARINGThis hearing is to determine whether a child is a juvenile traffic offender, delinquent, unruly, abused,neglected or dependent child, or otherwise within the jurisdiction of the Court upon a finding oradmission of guilt.5. DISPOSITIONAL HEARINGThe dispositional hearing determines what action shall be taken or sentence given. The Court considersmany factors such as previous record, relationship with family members, employment, counselingreports, school reports, and/or mental and physical development. Considerations are given for victims,protection of the community and to the rehabilitation of the individual while ensuring accountability forunruly and criminal actions.7

DISPOSITIONSDisposition in Belmont County Juvenile Court can be any one or more of the following depending oncase type in addition to any other orders the Judge chooses to impose: DetentionFines/Court CostsCurfewRestitutionCommunity ServiceProbationDriver’s License SuspensionDismissalCustody with Children ServicesCustody to the Court for placement out of the homeCCAP (Concentrated Conduct Adjustment Program)House Arrest/GPS MonitoringReferrals to outside agency servicesFamily/Individual CounselingFamily Dependency Treatment CourtReferrals to Court programsResidential TreatmentParenting ClassesCommitment to the Department of Youth ServicesDrug Screening8

LEGAL DEFINITIONSDELINQUENT CHILD (Section 2152.02 Ohio Revised Code)A person under the age of eighteen years:(A)Who violates any law of this state, the United States, or any ordinance or regulation of a political subdivision ofthe state, that would be an offense if committed by an adult, except a juvenile traffic offender.(B)Who violates any lawful order of the Court made under Chapter 2151 or 2152 of the Ohio Revised Code otherthan an order issued under section 2151.87.(C)Who violates division (A) of section 2923.211 of the Ohio Revised Code.UNRULY CHILD (Section 2151.022 Ohio Revised Code)A person under the age of eighteen years:(A)Who does not submit to the reasonable control of the child’s parents, teachers, guardians, or custodian, byreason of being wayward or habitually disobedient.(B)Who is a habitual truant from school.(C)Who behaves in a manner as to injure or endanger the child’s own health or morals or the health or morals ofothers.(D)Who has violated a law, other than division (C) of section 2907.39, division (A) of section 2923.211, division(C)(1) or (D) of section 2925.55, or section 2151.87 of the Revised Code, that is applicable only to a child.JUVENILE TRAFFIC OFFENDER (Section 2152.02 Ohio Revised Code)A person under the age of eighteen years who violates any traffic law, traffic ordinance, or any traffic regulation ofthis state, the United States, or any political subdivision of this state.DEPENDENT CHILD (Section 2151.04 Ohio Revised Code)(A)Who is homeless or destitute without adequate parental care, through no fault of the child’s parents, guardian,or custodian;(B)Who lacks adequate parental care by reason of the mental or physical condition of the child’s parents, guardian,or custodian;(C)Whose condition or environment is such as to warrant the state, in the interests of the child, in assuming thechild’s guardianship;(D) To Whom both of the following apply:9

(1)The child is residing in a household in which a parent, guardian, custodian, or other member of thehousehold committed an act that was the basis for an adjudication that a sibling of the child or any otherchild who resides in the household is an abused, neglected, or dependent child.(2)Because of the circumstances surrounding the abuse, neglect, or dependency of the sibling or otherchild and the other conditions in the household of the child, the child is in danger of being abused orneglected by that parent, guardian, custodian, or member of the household.NEGLECTED CHILD (Section 2151.03 Ohio Revised Code)(A) Who is abandoned by the child’s parents, guardian or custodian.(B) Who lacks adequate parental care because of the faults or habits of the child’s parents, guardian, or custodian.(C) Whose parents, guardian, or custodian neglects the child or refuses to provide proper or necessarysubsistence, education, medical or surgical care or treatment, or other care necessary for the child’s health,morals, or well being.(D) Whose parents, guardian, or custodian neglects or refuses to provide the special care made necessary by thechild’s mental condition.(E) Whose parents, legal guardian, or custodian have placed or attempted to place the child in violation ofsections 5103.16 and 5103.17 of the Revised Code.(F) Who, because of the omission of the child’s parents, guardian, or custodian, suffers physical or mental injurythat harms or threatens to harm the child's health or welfare.(G) Who is subjected to out-of-home care child neglect.ABUSED CHILD (Section 2151.031 Ohio Revised Code)A person under the age of eighteen years:(A) Who is a victim of "sexual activity" as defined under chapter 2907 of the Ohio Revised Code, where suchactivity would constitute an offense under that chapter, except that the Court need not find that any person hasbeen convicted of the offense in order to find that the child is an abused child.(B) In endangered as defined in section 2919.22 of the Ohio Revised Code, except that the court need not find thatany person has been convicted under that section in order to find that the child is abused child.(C) Exhibits evidence of any physical or mental injury or death, inflicted other than by accidental means, or aninjury or death which is at variance with the history given of it.(D) Because of acts of his parents, guardian, or custodian, suffers physical or mental injury that harms or threatensto harm the child’s health or welfare.(E) Is subjected to out-of-home care child abuse.10

COURT PROGRAMSThe Belmont County Juvenile Court utilizes an array of treatment services and programming to providerehabilitation and alternatives to incarceration. Through assessments, one-on-one work with youth, andcollaboration with other county agencies and facilities, each youth’s case is reviewed whenrecommending sentencing and case planning options.Continuing to provide programming in step with current national trends and research, the Courtbelieves our ever changing world must be considered. With the use of technology, social media, andacknowledgement of changes in family dynamics, the Court diligently considers the impacts of societyon the youth we serve to ensure all aspects of an individual’s lifestyle are being examined in providingthe best possible case evaluation and processing to deter further Court involvement.Court employees attend various trainings throughout the year to learn up to date treatment methods,available resources, changes to state statutes, and trends in Juvenile Justice. Training and ongoingmonitoring of changes in the Juvenile Justice system both within Ohio and nationally are an integral partof the operation of the Belmont County Juvenile Court as staff continuously look for ways to improveand expand the services we offer and consider types of programming, length of treatment, andbehavioral modification techniques.Funding for programs comes from various sources including contracts and grants with the OhioDepartment of Youth Services, the Ohio Department of Job and Family Services, and the FederalGovernment. The Court works closely with the Belmont County Commissioners in addition to otherlocal funding sources.PROBATIONThe Probation Department is under the guidance of Chief Probation OfficerKelly Carter, an employee with the court since 1994 and a graduate of WestLiberty University with a degree in Criminal Justice. The Court has a total offour probation officers, three CCAP intensive probation officers, threesubstance abuse probation officers and one bailiff.Each probation officer has a caseload in which they actively monitorjuveniles through face-to-face contact with unannounced home and schoolvisits. During these regular visits, the probation officer is able tounderstand the needs of the youth and their families involved with thecourt system. Probation terms and case plans provide specific orders and goals for the juvenile tocomply with, such as curfew, drug screens, stay away orders, and objectives to improve behaviors andrelationships with family members.Probation officers have the ability to do random drug testing and have arrest powers. The probationofficer reports to the Juvenile Court the ongoing activities of the youth. They not only file violations of11

court orders, motions to impose, and request warrants be issued but also make referrals to agenciesthroughout the county and other court programs. In addition, the Probation Department meetsregularly with juveniles under court orders and provides guidance and support to youth on theircaseloads. Probation officers speak publically and maintain regular contact with local schools and policedepartments.All probation officers have been trained through the Ohio Department of Youth Services web–basedassessment tool, OYAS (Ohio Youth Assessment System). All youth on probation have a case plan andassessment updated minimally every six months to assess risk level and to ensure the best possibleservice is being provided by the Court to meet the needs of the juvenile. Additionally, probationofficers have been trained through OPOTA probation officer firearm training and qualify annually forfirearm certification.Drug and Alcohol ProgramsSAID (Substance Abuse InterventionDocket) Diverion for first time drug and alcohol relatedoffense Education and short term monitoring No formal record with the CourtISP (Intense Substance Probation)Family Dependency Treatment Court Probation monitoring Increased drug and alcohol testing Counseling/Substance Abuse Treatment Intensive case management by Juvenile Courtand Children Services Work to keep family unit intact Intensive outpatient substance abusecounselingDrug and alcohol programs are overseen by Dave Carter, a 1994 graduate of West Liberty Universitywith a degree in Criminal Justice. The Court maintains various levels of drug and alcohol specificprograming to best accommodate the needs of juveniles and families in regards to substance abusetreatment.All youth under the Court’s supervision may be drug tested. The Court utilizes both urine screens andsaliva swabs to make use of the most up to date testing materials available. The Court additionallypartners with various law enforcement agencies, community programs and treatment partners toprovide drug and alcohol services.12

SUBSTANCE ABUSE INTERVENTION DOCKETEstablished in 2009, the Substance Abuse Intervention Docket (SAID) operated by the Drug CourtProgram staff is on average a ninety day diversion program designated to provide education andincrease awareness of alcohol and other drug prevention treatment. With early, effective interventionmeasures to reduce drug and alcohol use, general discipline problems, criminal activity, absenteeism,and truancy, the SAID program is a key to preventing further involvementby a youth in the legal system.Only juveniles with a first offense related to drug and or alcohol usage thatis considered a misdemeanor by the standards of the Ohio Revised Code areeligible to participate in the Belmont County Juvenile Court SubstanceAbuse Intervention Docket. In order to participate in the program, youthmust admit the charges stated in the complaint are substantially true andthe minor and their parent(s) must be willing to cooperate and abide by theterms and conditions of an Agreed Order.If the minor and family choose to participate in the Substance AbuseIntervention Docket and abide by the terms and conditions of the AgreedOrder, then the respective case will not be filed in the Belmont CountyJuvenile Court, nor will it result in a juvenile record. Although involvementin SAID is approximately ninety (90) days, time in the program may be extended if necessary and isdependent on a child’s progress and compliance with the specific directives.If during the time of court supervision, the juvenile or parent(s) fail to abide by the terms andconditions, or the juvenile is charged with an additional unruly or delinquent offense, or fails or refusesdrug and alcohol testing, shows no or minimal effort to succeed in the program, or voluntarilywithdraws, then the case will be filed in the Belmont County Juvenile Court. The program collected atotal of 825.00 in 2018 in program fees. A fee of 75.00 is to be paid by the juvenile to participate inthe diversion program.INTENSE SUBSTANCE PROBATIONThe Intense Substance Probation program (ISP) was created as an extension of the probationdepartment enabling drug court staff/probation officers to monitor closely youth on probation withdrug and alcohol related issues. These probation officers are trained to deal with youth and familiesfacing drug and alcohol addiction issues. Any youth on formal probation and found to have a drug andor alcohol addiction either through their own admission, failed drug screens, and/or drug and alcoholrelated charges may be placed into the ISP program for probation monitoring directly related to theirdrug and/or alcohol usage issues.13

FAMILY DEPENDENCY TREATMENT COURTThe Family Dependency Treatment Court began in January 2005 through the cooperative efforts of theJuvenile Court and the Department of Job and Family Services. The Court is proud to have been one ofthe first Specialized Dockets in Ohio to be certified by the Supreme Court of Ohio. The program isdesigned to address cases involving adjudications of abuse, neglect, and/or dependency, with theprimary issue being alcohol and/or drug problems. The FamilyDependency Treatment Court team consists of not only Court staff butalso representatives from the Belmont County Department of Job &Family Services-Children Services and local drug and alcohol andmental health treatment provider, Brite Futures through the VillageNetwork.The Family Dependency Treatment Court attempts to break the cycleof substance abuse in families by treating drug and alcohol addicted families who face the loss orrestriction of their parental rights. The primary goal of this program is to foster family reunificationthrough intensive treatment along with the structured Court program of frequent contact, closesupervision, drug screening, alcohol ankle bracelet monitoring and bi-weekly Court meetings along withthe constant relay of information among the treatment team. These requirements greatly contribute tothe expeditious reunification and permanency placing of the involved children.C-CAP(CONCENTRATED CONDUCT ADJUSTMENT PROGRAM)CCAP Diversion(Interventionprogram) Diversion for first time offenders or those atrisk of being incarcerated Short term monitoring May avoid formal record with Juveniile CourtCCAP (ConductAdjustment Program) Alternative to incarceration Social skills and independent living skills Intensive monitoingAlternative School Allternative solution for short term out ofschool suspension Support schools in discipline of students andprevent drop outs Virtual learning classroom and GED supportfor credit recovery and preparation forgraduation14

In its twenty third year of operation, C-CAP (Concentrated Conduct Adjustment Program) is under thedirection of Noah Atkinson. A graduate of Muskingum University with a degree in Business and WestLiberty University with an Education Certification, Mr. Atkinson has been employed with the Court since2011. Under his guidance, the C-CAP program continues to providededicated service to youth under supervision with the Court.Through the years, C-CAP has been successful in making a differencein the lives of youth by providing an alternative to incarceration withan educational and social skills building approach in working withyouth. With smaller caseloads, more school and home visits, andregular program attendance, probation officers are able to becomeinvolved in the daily problems and struggles of youth. Juvenilesreferred to this program participate in group sessions, communityservice projects, educational work, and independent living skills.Transportation is provided when possible for youth throughout thecounty to attend.The C-CAP program consists of two components:C-CAP Court Ordered ProgramJuveniles have charges filed against them and appear in Court. The Judge sentences the juvenile to theC-CAP Program. Placement in the program often results in an average length of stay from 6 months toover a year. The juvenile must graduate through a level system in order to successfully complete the CCAP program. Youth attend the program on Saturday during the school year and through the weekduring the summer. Physical exercise activities, team building exercises, computer classroom work, andcounseling are part of the routine. Youth are drug tested regularly, perform community service hours,and abide by strict curfews. Home and school visits by staff with juveniles and families occur frequently.C-CAP Diversion ProgramYouth are referred to the program through the local school districts or sent by the Court. They arerequired to be in the C-CAP program for three (3) weeks for school referrals or longer as ordered by theCourt. The goals for the C-CAP Diversion Program are to aid schools in controlling classroom disruptions,to give schools an alternative to out-of-school suspension, and to deter students from future behaviorsthat could involve court proceedings.15

ALTERNATIVE SCHOOL/VIRTUAL LEARNING PROGRAMThe Alternative School is composed of two programs offering differing classroomexperiences serving students from fifth through twelfth grades. All school districts inBelmont County provide financial support participating in the Alternative Schoolprogramming.The Alternative School Classroom is for short-term placement of youth suspendedfrom their

partner in the law firm of Myser & Davies for over 25 years practicing in criminal law, family law, school law, municipal law, corporate law and personal injury. He has represented several school districts in Belmont County and served as the Law Director for the City of St. Clairsville.

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