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AG 1999 01 19
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AG 1999 01 19
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Last modified
3/25/2002 5:56:56 PM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
1/19/1999
Board
Board of Commissioners
Meeting Type
Regular
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Administration of Justice Bulletin No. 98/03 December 1998 <br /> <br />undisciplined and delinquent juveniles as well as to <br />abuse, neglect, and dependency, cases. The new code <br />that becomes effocUve July 1, 1999, however, includes <br />this reqmrement only for abuse, neglect, and depend- <br />ency cases. For cases of undisciplined and delinquent <br />juveniles, it requires only that the adjudicatory hearing <br />be held within a reasonable time. <br /> <br />Office of Juvenile Justice <br /> <br /> Creation <br /> <br /> Juvenile justice functions have long been carried <br />out by two divisions in two separate departments and <br />branches of state government--the Division of Youth <br />Services of the Department of Health and Human <br />SetMces (Df-IHS) and the Juvenile Services Division of <br />the Administrative Office of the Courts (AOC) in the <br />Judicial Department. The former is responsible for <br />juvenile detention facilities, training schools, and <br />community-based alternatives. The latter provides <br />screening, intake, probation, and aftercare (supervision <br />follo~ving release from training school) services. <br /> The General Assembly considered and rejected, at <br />least for the present, two competing approaches to con- <br />solidating these functions. One would have created a <br />new, cabinet-level Department of Juvenile Justice. The <br />other would have placed the two divisions' functions <br />in the Department of Crime Cnnlxol and Public Safety <br />or another existing department. Instead, S.L. 1998-202 <br />creates in the Office of the Governor an Office of Ju- <br />venile Justice (O J J) and transfers to that office the <br />powers, duties, and responsibilities (as well as related <br />property, personnel, records, and funds) of the two <br />divisions. The OJJ is created by a new Article 3C in <br />G.S, Chapter 147, which the act amends effective July <br />i. 1999, to make its terminology and substantive pro- <br />visions consistent with the new Juvenile Code that <br />takes effect on that date. <br /> <br /> Powers and Duties <br /> <br /> The OJJ, and the Governor as its head. have most <br />of the powers and duties of the two consolidated divi- <br />sions as well as additional ones. These include the <br />power or duty to: <br /> <br /> 1. adopt rules applicable to local human services <br /> agencies that provide juvenile court and <br /> delinquency prevention services, for purposes <br /> of program evaluation, fiscal audits, and col- <br /> lection of third-party payments; <br /> <br />2. establish procedures for substance abuse <br /> testing for juveniles adjudicated delinquent <br /> for substance abuse offenses; <br />3. plan, develop, and coordinate statewide mu/- <br /> tidisciplinary services and programs for <br /> delinquency prevention, early intervention, <br /> and rehabilitation of juveniles; <br />4. assist local governments and private service <br /> agencies in developing juvenile court and <br /> delinquency prevention services; <br />5. develop a match-based formula for funding <br /> juvenile court and delinquency prevention <br /> services, based on counties' relative abilities <br /> to fund community-based programs: <br />6. assist the Criminal Justice Information Net- <br /> work Governing Board with administering a <br /> comprehensive juvenile justice information <br /> system; <br />7. develop a statewide plan for training and pro- <br /> fessional development for juvenile justice <br /> personnel; <br />8. where statistics indicate a disproportionate <br /> presence of minority youth injuvenlle facili- <br /> ties. develop and recommend strategies to <br /> ensure fair and equal treatment in the juvenile <br /> justice system; <br />9. develop a comprehensive delinquency and <br /> substance abuse prevention plan, coordinate <br /> with county Juvenile Crime Prevention Coun- <br /> cils (described below) for implementation of a <br /> continuum of community.-level services and <br /> programs, and report the plan to the State <br /> Advisory Council on Juvenile Justice and <br /> Delinquency Prevention (described below); <br />10. by April I each year, begmrting in 2000, <br /> report to the General Assembly on the effec- <br /> tiveness and cost benefit of every program <br /> operated and contracted by the OJJ. <br /> <br /> Funding Mechanism <br /> The O/J also is required to develop a funding <br />mechanism for local programs that meet state stan- <br />dards, to fund programs that it determines are effective <br />in preventing delinquency and recidivism and not to <br />fund programs that have proven to be ineffective. It <br />must develop a funding formula that ensures that even <br />the smallest counties will be able to provide basic pre- <br />vention and alternative services. The OJJ is directed to <br />allow and encourage local flexibility to determine how <br />best to allocate prevention and alternatives hinds, and <br />to allow and encourage counties to combine resources <br />and services. It also must ensure that local Juvenile <br /> <br />8 <br /> <br /> <br />
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