ChildWelfare.net
About  News  Activities  Resources 
Search:
Online Home of The Barton Child Law and Policy Clinic of the Emory University School of Law

Barton Clinic Summer 2007 Intern Report

Intern: Savannah Murphy
Assignment: Department of Juvenile Justice

School: Emory University School of Law

My summer internship at the Department of Juvenile Justice afforded me the opportunity to become fully entrenched in the legal operations of a statewide agency that provides services to Georgia's youthful offenders. I was able to connect with professionals representing a broad spectrum of interests relating to juvenile justice, all across the state. In making these connections, as well as in completing my assignments, I was able to advocate for children by analyzing critical issues in juvenile justice alongside the people who actually have the power to make a difference. Whenever possible, I promoted policies and strategies that provide rehabilitative services to enfranchise the thousands of youth who are committed to the state each year. More than 50,000 youth receive DJJ services annually.

At the DJJ, I was encouraged to travel around the state to attend policy meetings, tour youth detention facilities and observe various legal proceedings. I met Commissioner Albert Murray and attended various executive management team meetings to work on policies throughout the summer. I observed a mediation session, and attended legal strategy meetings with the Attorney General's office regarding a wide variety of legal issues. Another highlight - Governor Sonny Perdue shook my hand at the CASA bill signing in July.

I was impressed by the unbelievable dedication I observed in many of the DJJ employees. The agency is committed to serving children, and that mission is not just a top-down management command. Nearly everyone in the central office, as well as out in the field, seems to be enthusiastic about promoting children's rights. I was amazed to see that community relations and local involvement comprise one of DJJ's highest-priority goals. Most employees recognize that the youth are better rehabilitated in the community with locally-provided services, whenever that is possible. While detention facilities of any kind are not ideal for youth, I think the main reason the facilities tend to have a bad reputation is because the centers are almost continuously operating over capacity. Myriad factors contribute to this crunch for space, but the trend indicates a steady and overwhelming rise in the population of detained youth over the next few years.

One inspirational experience I enjoyed during the summer was the opportunity to view a dramatic arts performance created and performed by female youth housed in one of the DJJ youth detention centers. The theatrical exhibition was sponsored by Synchronicity, a local non-profit organization that works with groups of youth annually, to provide them with theater skills and the creative outlet of dramatic performance. The show was held locally at the Seven Stages Theater, and was well-received by an exuberant full house.

Unfortunately, there just never seem to be enough readily-accessible resources available to youth, whether in or out of DJJ custody. When I enter my career in child advocacy, I hope to promote initiatives to generate cooperation between the agencies that serve youth, to further extend our efforts through collaborative practices and community involvement.

Apparently juvenile court caseloads go down significantly when kids are out of school for the summer. From a DJJ standpoint, I learned that it's historically been easier for the department to operate within capacity during the summer. I attempted to speak with our school-based probation officers as often as possible, to examine the benefits of having DJJ workers placed within the schools. Although I had hoped that the onsite relationships would make it easier for the youth to transition back into their communities, and get the resources they need (i.e., are legally entitled to) from the schools, I found that discrimination from the very social institutions that are entrusted with the education of Georgia's youth often barred any meaningful progress toward transitional rehabilitation. Statistics show that many, if not most, youth involved in the juvenile justice system have been identified as having special educational needs. These youth should therefore be protected under IDEA, yet many do not have current or appropriate IEP's (if any). Even when their needs are identified, services are not always provided to meet them and these students are routinely expelled for the very behaviors that entitle them to protection under the law. I tried to address this formidable statewide problem by recommending that DJJ caseworkers consult with Educational Advocates to ensure youth are provided mandated services within their communities.

Although some of the problem lies with the institutions, as well as the lack of community support, employee morale is another huge factor in any agency that provides human services. Employee turnover is astronomical at the DJJ, reflecting a statewide trend in law enforcement staffing. Salaries are not high enough, training is inadequate, and recruits are sparse and often have little or no experience working with youth. Correctional officers at youth detention centers are required to work as many as sixteen hours straight. This can happen more than once each week they are scheduled to work, and they do not receive any notice of the added shifts until they arrive at the job site. They get very little overtime pay, no outside support, and few kudos.

I visited one of the DJJ facilities, and it was not too much unlike an institutionalized group home, with the exception of the secure detention units. Secure detention was pretty bleak, like jail cells without toilets or sinks… nothing but a 2" thick mattress pad on a solid-metal cot protruding from the painted cinderblock wall. The officer acting as my tour guide informed me that the girls often move their mattress pads to the floor under the cots, because the floor is "softer." A number of youth have purposefully acted out over the summer, in order to be put in secure detention. While the psychiatrists in charge of their mental health care often attribute this behavior to "manipulation for secondary gain," I find it stunning that any child would choose "DU" (=detention unit) over the general population housing. At least in the general population, youth are allowed to participate in group recreation and have some discretionary time for phone calls, television, reading, etc. In some facilities, DU youth are only allowed outside for a single hour per day, in solitude. Perhaps this impossible choice speaks to the overall safety and security of our general population.

I couldn't help noticing every darkened corner, every back hallway without a video camera. There was plenty of room for discretion, and an obvious lack of staff to do anything about it. While working at the juvenile public defender's office last summer, as well as during my internship at the DJJ, I learned of many instances of physical and sexual abuse, and suicide, that occurs within the detention facilities. The tour guide's words, "you gotta make them respect you… the girls can smell your weaknesses, and they exploit every one" kept echoing in my head, as I contemplated the vast gulf between natural law and the elegant legislation we craft. I swear, for every one policy-maker there need to be at least a dozen enforcers.

The bottom line? I wish there were more opportunities for client interaction, or that we had the luxury of counting on candid communication from the regional facilities about what really goes on there.

My assignments were numerous and challenging. I created a wide variety of legal documents and correspondence with courts and other agencies across the state - over a ream of paper, in sum. I worked on responding to discovery requests, preparing an annual case law update, addressing open records requests, creating motions and procedural "reminder" letters to juvenile courts. In addition to the routine office legal paperwork, I was able to complete several legal research memos, which I supplemented with procedural documentation packets to facilitate implementation - sample motions, letters, and other documents needed for enforcement. Some of my research topics included the modification of juvenile court orders, definition of privilege as applicable in a youth detention setting, sealing juvenile records, disclosures in group therapy, mandatory reporting requirements, HIPAA guidelines, SB440 indictment reminder letters, and a comprehensive analytic memo of potential duties that will be applicable to the DJJ and other state agencies under the Sex Offender Registration and Notification Act (SORNA). I also translated into Spanish several essential DJJ forms, including medical releases and explanations of juvenile and parent rights, as well as youth grievance reports and other legal information. Contributing to the enfranchisement of Spanish-speaking people in Georgia was particularly meaningful for me, as I have often observed disparate treatment for minority groups both in the courts and in the provision of social services.

Back to Summer 2007 Intern Reports



Home . About . News . Activities . Resources
The Barton Child Law and Policy Clinic, info@ChildWelfare.net
Emory University School of Law, Gambrell Hall, Atlanta, GA 30322, (404) 727-6664.