Kathryn Boortz
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5 simple holiday volunteer projects for kids, families and Businesses

11/19/2015

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From sponsoring families as part of an angel tree project to serving meals on Thanksgiving day, many of us make community service activities an annual tradition.
 
Most of you know that I am a proponent of community service.  I encourage my clients to volunteer, whether required by the court or not. There are many obvious benefits: skill building, meeting new people, and for those younger-- career exploration and resume/college application building.  In addition, since my juvenile clients must do projects with an adult (due to age requirements), spending quality time with a parent boosts their self esteem.  Lastly, volunteering helps us put our “first world” problems in perspective when we focus on others who are struggling to meet their basic needs.
 
As I was compiling a list of volunteer projects for the holiday season, I realized that these ideas would translate nicely for a small business looking to do a company project for the holidays. Or, even a group or team in a large company—just think how a little healthy competition amongst teams could help the greater good! So, here is a list of projects for “kids” of all ages. Since we all have busy schedules and I wanted to make it as easy as possible to coordinate a project, each of these projects can be done on your own time table and mostly at home.
 
1) Kits for Kids ( https://projectcure.org/programs/kits-kids) Sponsored by Project Cure, participants order kits online, then purchase and fill the kits with personal hygiene items which they ship to U.S. distribution centers that send them to developing countries. You have the ability to “track” your kit’s destination. This is a perfect, “done in a day,” (or even an hour) project that families can do at home. Or, a small business could incorporate this project into a holiday party, by setting up a station for bag-filling at your leisure. 

2) Hero Box  (http://www.herobox.org/sponsor/myhero/)  This project allows participants to prepare custom care packages for deployed service members. Participants sign up online, and are matched with a service member and given their wish list.  The website contains very detailed instructions. Similar to the above project, this can be done in a number of ways! 

3) One Warm Coat (http://www.onewarmcoat.org/) This project give you all the tools to do a coat drive. I facilitated a neighborhood coat drive through OWC for the past several years and it was seamless. The website provides instructions, including signs and tax receipts. Again, this would work well for a family spearheading the drive in their neighborhood, or small business running a community drive. 

4) Food Drive (http://www.acfb.org/food-fund-drives). Host a food drive for the Atlanta Community Food Bank. If you have not visited this amazing facility, I encourage you to check it out. Instructions are given on the website on how to host a personal or corporate food drive.

5) Making Placemats for Meals on Wheels (http://mealsonwheelsatlanta.org/). While this is not listed on the website, I have spoken to volunteer services and they welcome this idea! Get your creative juices flowing and design holiday placemats and cards. Or, order a kit (http://www.orientaltrading.com/web/search/searchMain?Ntt=placemat+kits). Once your masterpiece is done you can drop them off at their office (1705 Commerce Drive, NW, Atlanta, GA, 30318 on M-F 8-5 and Saturday 9-12).
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CYBERBULLYING AND TEENS

10/26/2015

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Teenagers have always faced bullying, but modern technology has created new methods of harassment. These days, instead of simply taunting a rival in the locker room at school, teenagers can use text messages, social media, and other online platforms to harass each other night and day, both publicly and in private.
 
Cyberbullying has become widespread in recent years, with recent studies showing that 52% of teens have been cyberbullied. Cyberbullying is not only on the rise;  it can also have serious consequences for both the teen being bullied and the perpetrator.
 
What Qualifies as Cyberbullying?
 
Simply put, cyberbullying means using technology to harass, taunt, threaten, or embarrass someone. Examples of cyberbullying include:
  • Spreading malicious rumors about classmates via text or social media
  • Sending cruel messages to someone directly through email, text, IM, etc.
  • Circulating private, potentially embarrassing messages that were only intended for one person to a group of classmates. For example, if following a break-up, a girl’s ex-boyfriend forwards  private risqué photos to his friends, this can be considered cyberbullying.
  • Using social media to pretend to be another person, and then posting embarrassing or otherwise damaging messages under that person’s name.
  • Hacking into a classmate’s email or social media and sending messages as the classmate.

Potentially Serious Consequences
 
While cyberbullying may sometimes start out as a seemingly harmless joke amongst friends, it can quickly get out of control and lead to severe consequences for everyone involved.
 
Victims of cyberbullying may experience depression and anxiety, and have trouble doing well in school. Tragically, some cyberbullying victims have even committed suicide, including 12-year-old Rebecca Sedwick, who killed herself after months of online harassment from classmates.
Teens who are caught cyberbullying face consequences ranging from being in trouble at home, to school suspension, all the way to being officially charged with a crime.  
 
What Can Parents Do?
 
Whether you’re worried your child is being harassed online, or scared your teen may be cyberbullying someone, you don’t need to feel helpless in the face of cyberbullying. Some things parents can do to help deter cyberbullying include:
  • Don’t overreact if you suspect your child is involved in cyberbullying. Your teenager may be afraid to tell you the truth if they believe you will yell at them or take away their Internet privileges prematurely. Talk to them about your suspicions in a calm, non-judgmental manner and they will be more likely to open up.
  • Agree as a family to create some transparency and boundaries where Internet safety is concerned. Some families find that keeping the computer in a family area, instead of a teen’s bedroom, helps a lot. In some situations it may be appropriate to have shared passwords and to monitor your teen’s social media accounts, ideally with their knowledge.
  • If your child is being threatened online, take these threats seriously and contact their school as well as the appropriate law enforcement officials.
  • If your child seems distraught and fearful, don’t ignore it! Let them know they can talk to you, or open up to a professional. You may want to speak to the school counselor or set up an appointment for your child with a psychologist who works with adolescents.
While cyberbullying can be a serious problem for teens, an environment of open communication at home and at school can help prevent it and minimize the negative consequences.

The Law in Georgia

Georgia uses stalking statutes to prosecute this crime (OCGA 16-5-90). Each school board must also adopt their own policy to prohibit cyberbullying.  
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dui in georgia: prepare for a bumpy road ahead

9/30/2015

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Don’t drink and drive is an often preached maxim, but one all too often ignored despite the severe penalties that can be imposed. While Georgia’s driving under the influence (DUI) laws appear relatively simple on the basic level–get caught behind the wheel after drinking too much and you will lose your license and be subject to various other penalties and sanctions–the DUI laws are in many ways quite complex and can be difficult to navigate. This holds especially true for drivers under the age of 21 who are charged with DUI, as Georgia and many other states have zero tolerance for drivers younger than age 21 who drive while impaired by alcohol or other substances. 

Other than knowing that Georgia and other states have zero tolerance for under-age-21 impaired driving, younger drivers and their parents need to be aware that DUI convictions remain on one’s record forever, even for juveniles. Thus, those under age 21 charged with DUI should strongly consider hiring legal representation so as to investigate all recourses that could avoid or mitigate a criminal conviction.  

This article lays out the differences in implications for juveniles and young adults (under 21) as well as adults (over 21).

The Administrative License Suspension Proceeding (ALS)
All Georgia drivers charged with DUI need to understand is that there is both an administrative and criminal component involved with the disposition of a DUI arrest. Under the Administrative License Suspension (ALS) proceeding, a person who fails a blood alcohol concentration test or refuses the breath or blood test faces license suspension.  The driver must request an ALS appeal hearing within 10 business days of the arrest date.

To Be Clear:
Missing this 10-day appeal deadline means an automatic license suspension. To further elaborate, it needs to be noted that making the appeal will not necessarily overturn the suspension, but provides the driver with the opportunity to overturn the suspension, especially should the DUI charges be dismissed or otherwise be favorably resolved in the completely separate criminal proceeding. 

BAC Implications
The ALS proceeding and criminal trial generally rely on the blood alcohol concentration (BAC) breathalyzer test or a blood test to determine whether a person is driving under the influence. For adults over age 21 the BAC limit is 0.08 percent, while for drivers under age 21 the limit is 0.02 percent. While the 0.08 percent level allows a bit of margin for someone who may have had a drink or two prior to driving, the 0.02 percent level essentially allows no margin. Thus a driver under age 21 who has had a drink prior to driving and is tested for BAC will likely be over the legal limit.

Refusing to take a BAC or blood test if arrested for DUI leads to a presumption of one’s guilt in both the ALS and criminal proceedings, and under ALS such refusals generally prevent those whose licenses are suspended for DUI from obtaining limited driving privileges for employment, school, or other needs. And while police and prosecutors generally rely on the breathalyzer test–or refusal to take it–as the primary means to take the case to trial, police in Georgia are increasingly resorting to seeking warrants to draw blood from those who refuse the breathalyzer. 

The Penalties for Conviction Are Severe
Standard penalties for DUI convictions for those 21 and over include:

First offense
   one-year license suspension
    $300 to $1,000 fine
    $210 license reinstatement fee
    DUI Alcohol or Drug Risk Reduction Program 
    associated Program costs of about $400
    mandatory 40 hours of community service
    up to one year imprisonment

Second offense (within five years)
    eighteen month to -three-year license suspension
    $600 to $1,000 fine
    $210 license reinstatement fee
    DUI Alcohol or Drug Risk Reduction Program
    associated Program costs of about $400
    clinical evaluation and possible treatment
    minimum 48 hours of jail/maximum 90 days to a year
    minimum 30 days of community service

Third offense (within five years)
    imposition of Georgia DMV “Habitual Violator” status
    five-year revocation of license
    $1,000 to 5,000 fine
    clinical evaluation and possible treatment
    minimum 15 days of jail time
    minimum 30 days of community service
    $410 license reinstatement fee
    DUI Alcohol or Drug Risk Reduction Program
    associated Program costs of about $400
    name, address and photo posted in the local newspaper

For those age 15 and younger convicted of DUI, the driver’s license is suspended until age 17 for a first offense and until age 18 for a second and third offense. Fees start at $210 for a first offense, rising to $410 for a third one. DUI alcohol or Drug Risk Reduction program and associated costs are imposed for all convictions. 

The same fees and program requirements apply to those age 16 to 20 convicted of DUI; however, the license suspension time periods vary, with a first conviction resulting in a suspension of six months for BAC levels under 0.08 percent, but for 12 months for BAC levels over 0.08 percent. A second offense within five years regardless of BAC results in an 18-month suspension, while a third conviction regardless of BAC results in a five-year license suspension.      

Under-age-21 drivers should also realize that other alcohol violations can result in driver’s license suspensions. Purchasing alcohol, misrepresenting one’s age for illegally purchasing alcohol, or using false identification for purchasing alcohol can all lead to driver’s license suspension.

All drivers should also be aware that convictions for possession and/or distribution of marijuana and other controlled substances also subject drivers to license suspensions, even if the arrest took place outside of one’s vehicle. A first offense results in a 180-day suspension; a second offense, one-year suspension; and a third, five-year suspension. Along with the suspension, those convicted will be required to partake in the DUI Alcohol or Drug Risk Reduction Program (along with its associated costs) and pay a fee for license reinstatement.  

Finally, over-age-21 drivers should realize that DUI charges can be brought against people with levels from 0.05% to 0.08 percent if the prosecution can firmly establish that the driver’s abilities were compromised to the point of making him or her unsafe behind the wheel. 
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TEXTING WHILE DRIVING IN GEORGIA–A NO-TEXTING SOLUTION FOR ATLANTA FAMILIES

8/27/2015

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Everyone knows that teenagers are glued to their cell phones 24-7. For most of us these days, when that tell-tale text alert beeps it’s hard to avoid looking at our phones, even when we’re driving and know we can’t. For teenagers, the temptation to text and drive seems even more irresistible.

Unfortunately, not only is texting while driving extremely dangerous, but it can also have serious legal consequences. Here are the main things to keep in mind about teenage texting and driving:

Texting and Driving is Undeniably Dangerous

Distracted driving is dangerous driving, point blank. Having talkative passengers in the car, playing loud music, and receiving or making phone calls can all create dangerous distractions that make it hard to focus on safe driving.

Texting is now considered the most dangerous distraction of all, as reading and sending texts requires the use of cognitive, visual, and manual skills all at the same time. If you’re using these skills to read or send a text, you’re not using them to pay attention to where you’re going or to other vehicles, automatically making you a dangerous driver.

In fact, recent statistics show that texting while driving now causes 25 percent of all motor vehicle accidents and is six times more dangerous than drinking and driving.

Teens are Especially at Risk

Texting and driving is a growing danger for everyone, but especially teenagers. This is partly because texting is such a big part of teen culture, and partly because teens sometimes have a harder time with impulse control. This is compounded by teens’ lack of driving experience. It’s also important to remember that unlike older adults, many teenagers have been texting for basically their entire lives, making it harder for them to shut off the habit while driving.  

Parents and Teens Can Take Safety Precautions

While this may all sound a little depressing, the good news is that there are specific things teens and parents can do to prevent texting and driving. Here are a few ideas:
  • Use technology in your favor: While technology may be part of the problem when it comes to texting and driving, it can also help make your teenager safer. Have your teen download a driving safety app on their smartphone. These apps range from those that allow hands-free phone use to those that allow parents to completely monitor their teen’s driving habits. You and your teenager will know which level of app is necessary, based on how well you already trust them to drive safely and on their previous driving behavior. One especially helpful type of app allows cell phones to be set to a distraction-free “driving mode” that forwards calls to voicemail and mutes texts. Once your teen is safely parked, they can disable the app and receive and respond to their messages.
  • Foster open communication. If your teen feels like they’re going to be in trouble every time they’re honest with you, they may hide their true feelings about texting and driving. Working to form a relationship where your teen can tell you if they’ve made a mistake, or are feeling peer-pressured to text and drive, can go a long way toward helping to keep them safe.
  • Show them the reality of texting and driving: Sometimes seeing names and faces of those who’ve been affected by texting and driving can really drive home just how dangerous it is. The Faces of Distracted Driving is a powerful site dedicated to just that.
And Here’s Georgia Law on Teen Texting and Driving

In Georgia, if you are under 18, you are not permitted to use a cell phone at all while operating a motor vehicle. For adults, you can use your phone while driving, however you cannot write, send or read text data. Either violation results in a hefty fine and one negative point on your driving record (plus whatever insurance consequences).

Ideally a serious conversation with your newly-driving teen about the potential serious consequences, both in terms of legal problems and potential life or death results, will assure text free driving by your son or daughter.

Should your teen have a texting while driving mishap that leads to an accident and/or injury, it’s best to contact an experienced Atlanta juvenile lawyer immediately to learn and preserve your child’s (and your own) rights. 
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VOLUNTEERING: THE BEST CURE FOR YOUR SUMMERTIME BLUES! 

7/28/2015

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I enjoy volunteer work and it has been inspiring to focus this year's professional in the spotlight series on those actively involved in serving their community.  As a juvenile defense attorney, many of the parents I work with are constantly asking me to help them find volunteer opportunities for their kids or teens.  There are a lot of great resources out there to locate these opportunities. Many organizations offer projects for the entire family. Along with helping fill the summer days with meaningful activities, volunteer/community service provides kids with a host of benefits that will give them a leg up when seeking future summer work and as they focus more and more on their future careers.   

I can’t help you with the cold calling, but I have provided a short list below of websites offering possible volunteer opportunities for Atlanta-area youth and families:

GrooveJob–is a nationwide listing of volunteer and internship opportunities for youth. http://www.groovejob.com/browse/internships/in/GA/Georgia/Atlanta/ provides a listing of Atlanta area possibilities. 

Volunteen Nation–http://www.volunteennation.org has a database of youth volunteer opportunities around the country that are searchable by geographic location. 

Atlanta Jewish Education Director’s Council–http://atlantaedc.org/youth-volunteer-opportunities/ has a listing of dozens of Atlanta-area non-profits seeking youth volunteers for a wide variety of volunteer and community service work. 

Hands on Atlanta–http://www.handsonatlanta.org/HOC__Affiliate_Home_Page provides a searchable database of volunteer opportunities in the Atlanta area, as well as other information about how to become a volunteer.

Among the accrued benefits for youth working as a volunteer with a non-profit organization are:
 

  • Experience–volunteering provides the volunteer with work experience that will be transferable to future jobs, and recognized as such by future employers who will be impressed by the young volunteers’ motivated, “can-do” attitude.   
  • Skill Building–this experience gives the volunteer new skills that are not necessarily learned in school nor always blatantly obvious. For example, just working in an environment with older workers can give the young volunteer “people” and “communication” skills that can’t be taught in school. 
  • Career Exploration–by volunteering with an organization that works in a field that may interest the pre-teen or teenager, the volunteer can learn more about that field and better determine whether he or she wants a future in it. 
  • Resume Building–while the concept of “resume” may be new to the pre-teen, that volunteer work can become the building block of the nascent resume, and that volunteer work can serve to impress future employers. 
  • Meeting People–“networking” is a crucial component of today’s job search, and people the pre-teen or teenager meet during volunteer service can potentially lead to other work opportunities down the road, and/or provide references for the young volunteer. 
  • Paid Work–volunteers who provide good service to non-profit organizations are sometimes asked if they would be interested in working for the organization in a paid capacity. What can be a volunteer job one summer can turned into a paying job the next summer. 
  • Job Seeking Practice–seeking out work as a volunteer is similar to seeking paid employment, thus giving the pre-teen or teenager valuable practice in job seeking and interviewing for work.  
  • College Admission–universities and colleges expect at least some level of community service from their applicants, and volunteer summer work will certainly look good on this portion of the college/university application form. 
  • Making a Difference–helping other people and working to improve the community will give the young volunteer a sense of pride and that wonderful feeling that yes, I can help make the world a better place!” 
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NAVIGATING THE COMPLEX RULES OF THE ROAD THAT REGULATE TEENAGE DRIVERS

5/28/2015

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Getting a driver’s license used to be a teenage rite of passage that implied growing freedom, but today comes with significant restrictions and oversight, as well as substantial penalties for running afoul of teenage driving regulations. 

States across the country have been revamping drivers license requirements for teenagers since the late 1990s in an effort to prevent what had been a growing number of teen driving-related fatalities. Georgia’s revamped teenage driving laws are dictated by Joshua’s Law and the Teenage & Adult Driver Responsibility Act. Along with increasing the scope of driver’s education, they also established a graduated licensing process for teenagers, placed specific restrictions on teenage drivers, and mandated strict penalties for teenagers failing to obey motor vehicle and alcohol laws. 

Graduated licensing in Georgia is a three-step process:
  • The instructional permit is granted to potential drivers 15 years and older who have passed a written examination. The instructional permit allows the novice driver to drive with an experienced and licensed driver 21-years  and older.
  • The intermediate (Class D) license is granted to drivers between 16 and 18 years of age who have held an instructional permit for 12 months and passed the driving test.
  • A full (Class C) license is granted to drivers 18 and older who have held the Class D license and incurred no major driving violations for the preceding 12 months. 
To receive a Class D license, drivers must first complete a state approved driver education course, and must have completed a cumulative 40 hours of supervised driving experience with at least six hours at night. Class D license holders must abide by the following regulations:
  • No driving between the hours of 12 midnight and 5 a.m.
  • For the first six months cannot drive with any passengers under the age of 21 who are not immediate members of his or her family.
  • During the second six months, the driver is allowed to drive with one passenger under the age of 21 who is not a member of the family
  • After a full year the driver is allowed up to three passengers under the age of 21, who are not family members. 

Along with the above noted restrictions, instructional permit holders and Class D drivers must be enrolled in school, or have graduated, and cannot accumulate more than 10 days of unexcused absences during an academic year. The state will also suspend instructional permits or Class D licenses for a number of different offenses committed on school grounds, such as threatening or striking a teacher, possession of a weapon, possession or sale of drugs, assault causing physical harm, and certain sexual offenses.

A full (Class C) license is granted to drivers 18 and older who have held the Class D license and incurred no major driving violations for the preceding 12 months. However, Class C drivers under the age of 21 face the same penalties as Class D license and instructional permit holders for breaking certain motor vehicle and alcohol laws. More specifically, all drivers under the age of 21 face a minimum six-month license suspension for convictions of the following infractions:
  • Reckless or aggressive driving
  • Speeding
  • Hit and run or leaving the scene of an accident
  • Racing on highways or streets
  • Fleeing or attempting to elude the police in a motor vehicle
  • Underage possession of alcohol
  • Attempted purchase of alcohol
  • Misrepresentation of age in attempting to purchase alcohol
  • Having a blood alcohol concentration of .02 or greater while driving
  • Refusing a blood alcohol or chemical test 
  • Any offense for which more than four points are assessed, or accumulating more than four points in a calendar year. 
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HELP! ALIENS ABDUCTED MY TEENAGER AND TRANSPLANTED HIS BRAIN

4/30/2015

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Who is that mute, surly teenager slumped at the dinner table monosyllabically responding to your questions with as few words as possible? What happened to the sweet, chatty, playful child who sat in that chair just a few short months ago? Was the child abducted by aliens and subjected to a mind altering brain probe, or perhaps even abrain transplantation? 

Parents with teenagers ask themselves questions like this every day. And while the “alien theory” may seem briefly plausible on the subjective level, researchers in recent years have begun to unlock the mysteries of the adolescent brain, and have started to provide answers to explain why teenagers act the way they do.

In short, the teenage brain is undergoing rewiring. Neuroscience had long held that thebrain was pretty much fully developed by puberty, but recent research has determined that brain development during the teenage years is probably just as important as thebrain growth that takes place during a child’s first few years. 

As Harvard neuroscientist, and mother of two teenage sons, Frances Jensen, explains, growth of the brain’s grey matter–neurons–is largely complete by age six, but white matter–axons, which serve as the wiring between brain cells–continues to develop into the 20s. As the teen brain is getting rewired, the axons are getting coated in myelin, a fatty material that acts as insulation to help signals move faster between brain cells. This rewiring and myelination process seems to impact the limbic system, which controls emotion, first, and doesn’t work on the rational, decision-making prefrontal cortex until late in the process. Thus, teens may have the calculating and decision-making skills of an adult, but this capacity is overridden and influenced during the teenage years by the more powerful limbic system. 

Meanwhile, the teen pituitary system is releasing hormones that impact the limbic system, heightening emotions that may already seem overpowering due to the rewiring. As if this wasn’t enough to make it seem like an alien transplanted your teen’s brain,teenage brains are also more sensitive to the release of pleasure-inducing dopamine than adult brains are. A teen’s reasoning ability is thought to be almost fully developed by age 15, and teens can accurately determine dangerous activities. It’s just that teenagebrains are "more motivated by the rewards of taking a risk than deterred by its dangers. So even if they know something might be bad–speeding, drinking too much, trying new drugs–they get more pleasure from taking the risks anyway.” 

So, what’s a parent to do? How do we raise our teenagers now that we know that they have the rational decision-making abilities of an adult, yet what seems like the emotional intelligence of a child? More rules and more involvement in their day-to-day lives–“tiger parenting,” or give them more freedom and let them be “free-range kids?” For the record, Jensen firmly adopted the former stance.   

To learn more: check out this article about Jensen and her theories, along with an excerpt from her book:  http://www.npr.org/blogs/health/2015/01/28/381622350/why-teens-are-impulsive-addiction-prone-and-should-protect-their-brains.
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GEORGIA'S "SCHOOL TO PRISON PIPELINE" TOO BIG, AND RUPTURING KIDS' FUTURES

3/31/2015

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The nationwide trend of criminalizing in-school misbehavior has been vigorously adopted by Georgia’s school systems. While a school yard fight used to generally result in detention, today the young pugilists will likely face juvenile charges of assault as well. Being disruptive in class was also usually treated with detention 20 years ago, but now can lead to a referral to juvenile court for disorderly conduct. And, senior pranks, such as a “food fight" could also land a teen in court.  At Ola High School in McDonough, Georgia, teens were arrested in 2013 for their participation in a food fight in the school cafeteria. 

With the younger set, Creekside Elementary School in Milledegville, Georgia, broke new ground in criminalizing in-school misbehavior when they called in the police to arrest a six-year-old for her tantrum. The officers, following procedure, reportedly handcuffed the kindergartner upon her arrest.    

Of course, Georgia’s school systems don't have anything over Mississippi’s–in Meridian, students are subject to juvenile court referrals for dress code violations.

Examples such as those above, and the belief that minority students tend to be disproportionately affected by the trend, have resulted in a backlash to the criminalization of in-school misbehavior, known by opponents as the “school-to-prison pipeline.” 

Judge Steven Teske, of Georgia’s Clayton County Juvenile Court, noticed that school-related juvenile court referrals to his court jumped more than 1,000 percent in the early 2000s, with the majority of new cases involving misdemeanor infractions relating to school yard fights, disorderly conduct and disruptive behavior. Meanwhile, the judge noticed that the number of serious juvenile crimes during this time period increased, while the graduation rate decreased. 

In speaking before the U.S. Senate Judiciary Committee in 2012, Judge Teske said that it was “frustrating for me as a judge to see the effectiveness of the prosecutor and probation officer weakened by my court system being inundated with low risk cases that consumed the court docket and pushed kids towards probation–kids who made adults mad versus those that scare us.” 

Judge Teske has helped reduce the number of students referred to Clayton County Juvenile Court from the school system by 83 percent since the mid-2000s through his proactive work with school officials and the police to change the practices that were leading to so many referrals.

The Georgia Appleseed Center for Law and Justice is also working to implement changes in school and juvenile justice policies that would reduce the intersection of school discipline and the juvenile court system. The center has published a highly informative guide for parents, which can help them and their children navigate through today’s school disciplinary process in Georgia. The guide–“When My Child is Disciplined at School: A Guide for Families”–can be accessed at:http://www.gaappleseed.org/docs/schooldiscipline.pdf.

School disciplinary action has become quite complex in the past 20 years, and its ramifications for a child’s future can be significant, especially if the action involves the filing of a juvenile complaint. Thus, it is important for parents to become involved with the process as quickly as possible, and consult with an attorney well versed in juvenile law.
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DON'T LET A JUVENILE ARREST RECORD IMPACT YOUR CHILD'S FUTURE

3/5/2015

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Indiscretions of youth that lead to juvenile delinquency charges can prove problematic as one moves into adulthood. Georgia law generally requires that all records of a juvenile case be automatically sealed when a case is dismissed or when a youth completes all terms of a case handled through informal adjustment (pretrial diversion type program). However, juvenile court and arrest records are not automatically sealed in cases where a youth has been adjudicated as delinquent by the court.  

And such records can impinge upon a youth’s efforts to get into college or to land that coveted first job in his or her chosen field. While juvenile court records may not be easily accessible, arrest records, unless restricted, are of public record and can often be easily reviewed by anyone who surfs the internet and looks through the right database. For example, you can go to the Fulton County Jail’s record database–justice.fultoncountyga.gov–and type in a name and locate arrest records. 

Fortunately, Georgia law allows juveniles who have been adjudicated as delinquent to petition the court to seal the records, and a judge will generally seal the file and records if certain requirements are met. The first and most important requirement that needs to be met is that two years must have passed since the date of final disposition of the case. Once that requirement is met, the court will consider the following factors in determining whether to seal the records:

    –that the person has not been convicted of a felony or misdemeanor involving moral turpitude;

    –that the person has not been found to be a delinquent or unruly child in a new juvenile court case; 

    –that there is no proceeding or pending charges against the person in either adult or juvenile court;

    –that the person has been rehabilitated.  

The motion to seal the record must show how the youth has met all of the above requirements, and the motion must be provided to relevant parties, such as the original prosecuting attorney, Department of Juvenile Justice, and officer and/or department within law enforcement who has custody of the youth’s files and records.

After the motion has been filed, the court will conduct a hearing to determine if the requirements have been met and whether the motion to seal the records should be granted. When the motion is granted, the public can no longer access or inspect the records. Similar to adult records that have been restricted, the records can still be accessed by law enforcement officials. 

Record restriction is also available for youthful offender convictions that occurred before the individual turned 21. This category of record sealing deals with cases that were handled in adult, not juvenile, court, and only applies to certain misdemeanor charges.

To qualify, one must have successfully completed the terms of the sentence and in the five years before requesting restriction, cannot have been charged with any other offences beyond minor traffic violations. Certain misdemeanor convictions are not eligible for restriction, such as driving under the influence or reckless/aggressive driving, as well as a wide number of sexually related crimes. 

In sum, the process for record restriction for juveniles can be different depending on the final disposition of the case, and depending on the court system in which the case was handled.

For more information about record restriction for adults, please see my Jan. 8, 2014 blog: “Expungement in Georgia: What Is It?” 
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QUESTIONS OUR PARENTS NEVER FACED: WHEN AND HOW DO WE MONITOR OUR CHILDREN'S SOCIAL MEDIA WORLD? 

1/23/2015

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A big issue for parents these days revolves around children’s use of social media, with the two biggest questions being when should parents allow their children access to social media and how much should their children’s social activity be monitored? Children’s experts are mixed in their opinions on the two questions, and parents tend to have conflicting thoughts on how best to monitor their children’s online activity. 

A 2012 survey by Children’s Mercy Hospitals and Clinics found that 83 percent of parents believe that the benefits of social media use by children outweigh the potential risks. But while 68 percent of the parents surveyed felt that children under 13 should not be using social media, many of these same parents reportedly said that they let their own under-age-13 children use social media because their classmates were using it.  

Children’s Mercy clinical psychologist Edward Christophersen said “Given the mind of an 8-, 10-, 12-, 13-year-old child, the risk-benefit ratio is unfavorable because they don’t understand the possible repercussions of it.” And once a child is granted permission to access Twitter, Facebook or other socials media, parents “should absolutely look over their children’s shoulders,” he said.  

However, Elaine Heffner, a psychotherapist and author of “Good Enough Mothering,” warns that parents should be hesitant to monitor too much, and suggests that parents seek consent from the children for the monitoring. Excessive monitoring could be construed as similar to reading private diaries and journals. And if parents do this furtively it can destroy the trust between parents and their children. “The goal of every parent is to build up trust with their child,” said Heffner. “And it’s important for kids to feel they do have a sense of privacy and independence.”

Meanwhile, a recent Georgia appellate court ruling will likely encourage parents to increase such monitoring. In what marks a legal precedent on the issue of parental responsibility over their children’s online activity, the Georgia Court of Appeals ruled last October in Boston v. Athearn that parents can be held liable for negligent supervision of their children’s social media activities.

The case was sparked by a seventh-grade student–Athearn–who constructed a false Facebook profile of a classmate–Boston–that was offensive and libelous. The Boston family filed suit against the Athearn parents for intentionally inflicting emotional distress by failing to supervise their minor child when he posted the false Facebook page, and then by failing to remove the defamatory content once it was discovered. In a decision partially overturning a trial court decision, the appellate court determined that the Athearns could be held liable for failing to supervise their son’s use of the computer and online media after they learned of the false Facebook profile posting, but that they could not be held liable for the original posting.

As the mother of two young children, and as a juvenile defense attorney, I will be following this issue closely as I weigh my own decisions on how to let my children safely navigate social media.
 
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