AFRICAN-AMERICAN JUVENILE JUSTICE PROJECT (AAJJP)

Say No to SB 292 - Read it for Yourself!

As written, Say No to Georgia's Proposed SB 292, here are a few reasons why:

1.  New law that will subject children to in-take, arrest and incarceration for having consenual sex
2.  New law only allows law enforcement and DFACS/DHR to file child abuse and neglect petitions. Citizens, teachers and others will no longer be able to protect or express an interest in the protection of GA children.
3.  The new law does not require the election of juvenile judges.  They will continue to be appointed by superior court judges. This process prevents citizens from having information about the personal, professional and educational lives of juvenile judges who are empowered to remove children from their homes, divide GA families, and terminate parental rights. 
4. It does not define treatment or rehabilitation
5. It does not have sentencing guideines for juveniles, especially those who go from the schoolhouse to the courthouse to the jailhouse just to be warehoused.
6. It does not set standards for early release/parole.
7. It does not empower juvenile judges to modify a sentence upon review once a child is placed in the custody of the DJJ.
8. It does not mandate that school boards exercise and exhaust all disciplinary remedies before involving the juvenile court system and subjecting children to arrest and incarceration.  In other words, children who are suspended for having a general school yard fight should not be subject to arrest for battery.  In addition, children should not be subject to both suspension and arrest.  This administrative measure is akin (same) to double jeopardy punishing a child two times for the same event. 
9. It does not mandate that upon turning age 17 all juvenile records are automatically sealed and that children under the age of 17 who are arrested for non-violent offenses (to include basic school yard fights) are not subject to photography and public record.
10. It does not mandate that children adjudged delinquent who have completed their sentences are allowed to return to their home school and not alternative schools.

Spread the Word, Contact your Legislators and tell them not to support this CURRENT VERSION of SB 292.

Contact your local media outlets and request their attention to this critical issue.

We need to truly protect ALL children and not propose legislation that will subject children into the juvenile justice and child welfare system.

 

GEORGIA -- A proposed new Georgia law will target children including gay and lesbian children who have consensual sex under the age of 17.  Ultimately be used by parents to regulate and control who they date within the heterosexual community and possibly as a scare tactic to force their gay children to go straight by filing petitions against their children for having sex in violation of the newly proposed law.

 

Attorney Jefferson is very concerned about incarcerating status offenders and other children.  In addition she is very concerned about suicide among children because suicide is the third leading cause of death among children. It is three (3) times as high for children who are part of the gay, lesbian, bisexual and transgender community. A new proposed legislation will resolve in an abuse of discretion by both judges, schools and parents. According to Attorney Sherri Jefferson of the African-American Juvenile Justice Project a new proposed Georgia law will target children under the age of 17 for having consensual sex. The proposed legislation is hidden in SB 292, The Child Protection and Public Safety Act and supported by many groups who apparently have not read and/or understood the legal ramifications that this proposed legislation will have as written.

 

(http://www.legis.ga.gov/legis/2009_10/versions/sb292_As_introduced_LC_28_4814_2.htm). OCGA 15-11-2 (11)(viii) A child under the age of 16 who engages in private, unforced, noncommercial acts of sexual conduct with another child under the age of 16.

 

The code section OCGA 15-11-2 will enact legislation that declares consensual sex among underage children as a status offense that will subject children to intake, arrest and incarceration. Attorney Jefferson is disappointed that legislation designed to protect children is actually subjecting children to intake, arrest and incarceration. Most status offenders can be arrested and detained for up to 72 hours and placed on probation. Then if they violate probation, they can be declared delinquent children and then subject to 30 days incarceration. Parents who declare their children as unruly and in need of treatment, rehabilitation and/or supervision face the same penalties.

 

The courts are already a disciplinary arm for schools which is why we have the school to prison pipeline. In addition, parents use the courts to discipline unruly children. The new legislation crosses the line and is hidden within the proposed bill under the auspice of protecting our children. It is moral legislation and the government has no right to dictate when children should or should not have sex. It is a status offense and regardless of whether parents approve or not, the law disapproves of underage consenual sex. Parents should be outraged as well as organizations that promote social justice and civil rights.

 

In addition, Jefferson is concerned about the disparate impact and treatment that this legislation will have upon African-American children and poor children. Will teen parents be subject to arrest upon notification of pregnancy? Will teens be less likely to secure birth control protection out of fear of being subject to arrest? Will Planned Parenthood and other organizations have to report children who seek medical guidance for protection? Will they circumvent and find a way to penalize juvenile prostitutes? If so, we will have widespread disease among their population as well as an increase in teen pregnancy.

 

Attorney Jefferson also fears that parents will use this tool to intimidate children into behaving in certain ways and also use it as their tool to prevent same-sex relationships amongst children. For purposes of this concern, Jefferson is not dealing with the religious aspects of same-sex relationships and consensual sex, rather she is concerned that under the guise of juvenile justice and reform, the supporters of SB 292 are trying to engage in moral legislation while pretending to be concerned with protecting children. Parents, and parents alone should determine whether underage sex is permissible not government.

 

Furthermore, the new legislation (OCGA 15-11-150) will also prevent private and ordinary citizens from reporting child abuse and petitioning the court to protect children. Under the new legislation, only law enforcement and the Georgia Department of Family and Children Services will be able to report abuse and petition the courts. This legislation will prevent children from getting the help and resources that they need. Children will be abused at alarming rates without any intervention if this legislation passes because DFACS will not address their critical needs.

 

Jefferson is concerned that the proposed legislation does NOT require the election of Juvenile Judges.  The public has the right to elect judges who will preside over their families and make decision that determine whether a parent is capable of having or losing custody of their children.  Best practices across this country prove that judges are elected in the majority of the states within our country.  If we are striving toward making change based on best pracices from around the country, why prevent the election of juvenile judges?

 

CONTACT: Sherri Jefferson African American Juvenile Justice Project (www.AAJJP.org) Family Law Center (www.thefamilylawcenter.org) Email: attysjjeff@aol.com

 

 

 

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