All+About+the+Truancy+Court+Process

I. Overview
 * __All About the Truancy Court Process__**

A. What the Chittenden County Truancy Court is: It’s a CHINS case, using a social work model -Collaboration -Information Gathering -Brainstorming -Encouragement -Implementation of social services

B. What the Chittenden County Truancy Court isn’t: -Punishment -Coercive -Provision for fines (16 V.S.A. 1127(b))

Main principle: using the “majesty” of the court and services that the schools haven’t tried to help improve school attendance

II. Procedures

1. Pre-hearing SA (State's Attorney) receives the paperwork from the school SA does a preliminary screening to determine appropriateness of the case If the case is deemed appropriate, SA creates a petition and files it with the Court The Court schedules the preliminary hearing and notifies SA, other parties SA notifies the school via subpoena

2. Preliminary Hearing Generally, truancy cases are heard on Friday afternoons Before the hearing, SA talks with the school official and DA (defense attorney) talks with the student and the parent(s) Present at the hearing: Judge, SA, DA, student, parent(s) Sometimes there is a DCF worker, if DCF had a prior involvement with child/family or if DCF is invited by SA, based on the SA's understanding of the case At hearing, DA enters pro-forma denial The judge addresses the student, the school representative, the parent(s), and any attorneys and GALs, one at a time "What is going on? What can we do?" The judge comes up with strategies and goals for the next hearing, and may issue a “goals” sheet to the student The judge also makes sure that the student (and the parent(s)) is willing to abide by these goals He may say, “if you make all these goals, the case will be dismissed” Nothing is “ordered”

3. Subsequent Hearings Similar to preliminary hearing, just more information gathering, brainstorming, implementation of social services One significant next step: setting up CenterPoint evaluation for the student, which looks at mental health, substance abuse, and family issues The evaluation, with recommendations for services, is provided to DA Possible services/evaluations: psychological evaluation, psychiatric evaluation, individual counseling, substance abuse counseling, Intensive Family Based Services Again, this evaluation is urged, not “ordered” At some point, DCF may be asked to get involved by SA, sometimes at the request of the judge Usually only with the most entrenched cases

4. Possible outcomes a. Case is dismissed Sometimes, a diploma is given b. DCF custody

III. Case Appropriateness In general, we only take cases where we think we can make a difference Decisions are made also in consideration of pressures on the docket The student must be under 16 (16 and over are statutorily not required to go to school unless the parent enrolls them) Must be a case that lends itself to the collaborative process Where we can provide services that will help or where DCF custody is warranted