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May 1, 2015, 10:00 AM
3rd Court of Appeals Courtroom, Austin

May 25, 2015
Courts and Judicial Branch Agencies Closed

June 12, 2015, 10:00 AM
Supreme Court of Texas Courtroom, Austin

August 7, 2015, 10:00 AM
Texas Association of Counties, Austin
 
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April/2015 
News From the Office of Court Administration
Female Judges Day at the Capital
Senators Royce West and Joan Huffman welcomed more than 150 women judges to the Texas Capitol on Monday, April 13, 2015 to honor them for their service for Female Judges' Day. Out of 3151 judges in Texas, 1064 are women. Judges were honored in the Senate and House Chambers with a resolution and enjoyed a reception in the House Member's Lounge. Click here to read Senate Resolution 535 and follow the link for pictures from the event. 
Video Conferencing in Action

A few years ago, OCA received grant money to put a central video conferencing system in place to connect kids to placement hearings in child abuse and neglect cases. Due to a variety of circumstances, a child may end up being placed far away from the court hearing their case. This usually leads to the child not being able to participate in their case.

 

OCA has implemented this system in 24 courts and can connect them to 68 different DFPS contracted service providers. This has resulted in more than 200 video conference connections, allowing more participation by kids.

 

Mary Christine Read, the Director of the Texas Foster Youth Project sent us a copy of an attorney and child experience with the system:

 

"Brandon," an 18 year-old in extended foster care, recently participated in his CPS court hearing for the first time.  Brandon is a quadriplegic and requires a ventilator and extensive medical equipment and support when he travels.  For this reason, transporting Brandon to CPS court, extended distances from his foster homes, was considered too difficult and he was never able to fully participate in the crucial decisions that were being made about his life and future. 


 

With the assistance of the Office of Court Administration, Brandon's attorney was able to set up video conferencing capabilities so that Brandon could virtually attend his hearing.  From over 200 miles away, Brandon was able to speak to the Judge personally, share his experiences, and advocate for himself.  He spoke about his current foster care placement, his school involvement, sibling contact and visits, his transition plan, and concerns he had about the future.  He was also able to directly listen to what his caseworker, the DFPS attorney, and his attorney reported about his case.  Following the hearing, the positive change in Brandon's mood and confidence was profound. 


 

Court participation is often critical in giving foster youth a sense of control over their lives.  For Brandon - a foster youth with even less control due to health and mobility limitations - court participation was particularly empowering.

EfileTexas Continues Expansion
As of the end of April, eFileTexas has implemented all Phase 4 counties. This brings the total number of counties where eFiling is available to 171. These counties include all the counties with a mandatory date in either July 2015 or January 2016. This gives all the counties with those mandatory dates plenty of time to review and adjust their business processes around eFiling. Tyler Technologies will begin to engage the last batch of counties soon. The goal is to have eFiling available statewide by the end of 2015 - giving those counties 6 months to prepare for the mandatory civil environment.
Criminal eFiling moves forward

In the April meeting of the Judicial Committee on Information Technology (JCIT), the group adopted a recommendation and a draft set of rules to the Court of Criminal Appeals for adoption. JCIT provided the court with a draft rule that closely mirrors the rules in the Texas Rules of Civil Procedure. The draft rules and recommendations are now at the Court of Criminal Appeals where public feedback will be taken. This activity is all in support of a bill from last session that requires that Hidalgo County have criminal eFiling available by 9/1/2015.

 

So far, more than 20 counties have criminal eFiling configured and ready for launch as soon as the rules are promulgated.
Credit Card Changes in October

A heads up to your court if you take credit card payments through a Point-of-Sale system. This is typically seen as over the counter credit card payments, similar to what you would see at the grocery store. This does not impact the eFiling system or other automated web-based payment systems.

 

In October, credit and debit card issues will be moving towards a chip and pin technology and away from today's magnetic stripe technology. This change provides enhanced security and will reduce the likelihood of fraud.

 

The Joint Technology Committee (a group formed by the Conference of State Court Administrators [aka COSCA] and the National Association of Court Management [aka NACM] recently published a great resource bulletin here (the impact to courts is on page 3).

Texas Tech Law Externs Experience Session
By: Ashley Indelicato
Pictured are Dean Darby Dickerson, Extern Ashley Indelicato, & TIDC Executive Director Jim Bethke

This January marked the second year for Texas Tech University School of Law's Regional Externship Program to place externs in Austin. Tech Law's program places students with employers in Texas's major metropolitan areas, providing the students with exposure to an unparalleled educational experience. Currently, the program is the only one in the state that allows law students to extern full-time for a semester while earning twelve hours of academic credit. Students extern for a minimum of thirty-five hours a week at their placements and attend a support course twice a month with Tech Law faculty. The legislative session has allowed a few changes to this year's Austin externships. There are currently thirteen externs with full-time placements here in Austin, versus the six last year. Also, the program is usually only offered to select third-year students; however, a few second-years have legislative placements to experience an opportunity that will be unavailable to them as third-years because the Texas Legislature meets biennially. A few of this semester's Austin placements include the Texas Supreme Court, Texas Indigent Defense Commission, San Antonio Spurs General Counsel's Office, and legislative placements at the Office of the Speaker of the Texas House of Representatives, House Parliamentarian's Office, and Offices of Texas State Representatives Drew Darby and Rafael Anchia.


Externing at the Texas Indigent Defense Commission this semester has been the highlight of my law school career. I have helped with the preparation and implementation of the Comal County Client Choice Pilot Program, which affords defendants the option to choose their appointed attorney. I have researched various legal issues, written several reports and memorandums, and sat in on numerous meetings involving a wide-range of legal topics. I also have completed a research project that I gave an oral briefing on to the TIDC Board Members at their March commission meeting. In addition to the commission meeting, I have also been fortunate enough to attend a meeting of the Presiding Judges for the Administrative Judicial Regions, a Judicial Council meeting, and the Tenth Annual ABA Indigent Defense Summit at Thurgood Marshall School of Law. With it being a legislative session, I have been able to attend the opening ceremonies of the 84th Legislature, several legislative hearings, bill drafting meetings, and countless meetings with various legislators. I also spent a week at the Travis County Mental Health Public Defender's Office observing mental health dockets and client interactions. While my externship has greatly expanded my legal knowledge, I think one of the best things it has done for me, is made me fully understand the topics I learned in my classes and how they are applied practically. The staff at TIDC has been amazing, everyone has really tried to help me get everything I can out of my semester externship, and their commitment to improving indigent defense is inspiring. Thank you Tech Law and Jim Bethke for this amazing opportunity, I am beyond grateful for this experience. Guns Up!

Resources
OJJDP Announces Drug Courts Enhancement Funding Opportunity
Juvenile Drug Courts Addressing Systematic Barriers ProgramThrough this program, OJJDP will make awards to currently operating juvenile drug courts to enhance their capacity to address barriers they encounter as they provide services to youth. Applications are due by June 2, 2015.
Proposed Regulations Related to the Indian Child Welfare Act (ICWA)
On March 16, 2015,  Assistant Secretary - Indian Affairs Kevin K. Washburn announced that the Bureau of Indian Affairs (BIA) had published a proposed rule (80 FR 14880) to govern the implementation of the Indian Child Welfare Act of 1978 (ICWA) by state courts and child welfare agencies. "The Bureau of Indian Affairs' proposed rule clarifies and strengthens implementation of the Act's requirements in Indian child custody proceedings to ensure that Indian families and tribal communities do not face the unwarranted removal of their youngest and most vulnerable members." 

 

BIA will be conducting tribal consultations and public meetings on the proposed rule through May 2015 to facilitate input and comment on the proposed rule. The tribal consultations are open only to representatives of federally recognized Indian tribes. The public meetings are open to everyone.  Dates and locations for the meetings were included in the proposed rule.

 

This announcement follows the February 2015 issuance of the revised Guidelines for State Courts and Agencies in Indian Child Custody Proceedings to support the full implementation and purpose of ICWA. These updated guidelines are intended to provide procedures and best practices for use in Indian child welfare proceedings in state courts and are the first such update since the guidelines were issued over 35 years ago.

 

This proposed rule updates definitions and replaces current notice provisions at 25 CFR 23.11 with a proposed new subpart I to 25 CFR part 23. "The proposed new subpart also addresses other aspects of ICWA compliance by State courts and child welfare agencies including, but not limited to, other pretrial requirements, procedures for requesting transfer of an Indian child custody proceeding to tribal court, adjudications of involuntary placements, adoptions, and termination of parental rights, voluntary proceedings, dispositions, and post-trial rights.  Additionally, the proposed rule clarifies ICWA applicability and codifies that there is no Existing Indian Family Exception (EIF) to ICWA....When Congress enacted ICWA, it intended that an 'Indian child' was the threshold for application of ICWA....The proposed rule also promotes the early identification of ICWA applicability."  

 

The proposed rule incorporates several of the provisions issued in the recently published Guidelines for State Courts and Agencies in Indian Child Custody Proceedings.  BIA welcomes comments on all aspects of the proposed rule, but is particularly interested in whether the proposed mandatory language is authorized by ICWA and suggestions for revisions to further promote compliance with ICWA.

 

Public comments on the proposed rule are due on or before May 19, 2015.
The President's Task Force on 21st Century Policing
The Interim Report of the President's Task Force on 21st Century Policing was issued in March 2015. There were 64 recommendations and action items included in the report. Charged with making recommendations to the President on how to foster "collaborative relationships between local law enforcement and the communities they protect" and "on how policing practices can promote effective crime reduction while building public trust," the Task Force held seven listening sessions around the country.

 

 

Task Force members were selected by the president based on their ability "to contribute to its mission because of their relevant perspectives, experience, or subject matter expertise in policy, law enforcement and community relations, civil rights, and civil liberties."  

 

The Interim Task Force Report is organized into six sections: 

  1. Building Trust and Legitimacy;
  2. Policy and Oversight;
  3. Technology and Social Media;
  4. Community Policing and Crime Reduction;
  5. Training and Education; and
  6. Officer Wellness and Safety.  

While there is much to consider in the report, a few highlights include the need to promote the community policing model of law enforcement. Within this model, the community is a partner in law enforcement, and community members are given a voice in policing policy.  One specific recommendation of note: "Law enforcement agencies and municipalities should refrain from practices requiring officers to issue a predetermined number of tickets, citations, arrests, or summonses, or to initiate investigative contacts with citizens for reasons not directly related to improving public safety, such as generating revenue." Testimony cited in the report regarding the negative effects of productivity expectations specifically mentions cities across the county generating much of their revenue through court fines and fees.

 

There are also a number of recommendations that seek to curb the schoolhouse-to-jailhouse pipeline. The Task Force commends "[e]ducation and criminal justice agencies at all levels of government" to "work together to reform policies and procedures that push children into the juvenile justice system." One specific Action Item on this subject was: "Law enforcement agencies should work with schools to encourage the use of alternative strategies that involve youth in decision making, such as restorative justice, youth courts, and peer interventions."

 

A number of recommendations call for increased training and transparency in policing. These include making police policies and trainings publicly available, sharing pertinent information related to major incidents, training on how to confront implicit bias; and, in the area of accountability, recommending mandated external investigations of officer-involved shootings.
Children's Bureau Notice and Request for Public Comment - CAPTA

On March 30th, the U.S. Department of Health and Human Services (HHS) announced the removal of the Child Abuse Prevention and Treatment Act (CAPTA) regulations in their entity effective June 29, 2015. "These regulations no longer apply to the CAPTA programs they were originally designed to implement because of major legislative changes to CAPTA since the regulations were issued."  The CAPTA regulations have not been updated since 1990 even though Congress reauthorized and amended CAPTA in 1996, 2003, and 2010.  In the announcement, HHS indicated that the removal of the regulations does not establish or affect substantive policy, stating that "it is unnecessary and outmoded to implement the CAPTA state grant programs through regulation.  We believe the program requirements are made clear in the statute and have provided policy interpretations and program instructions to implement the program since 1996 in lieu of regulations."  In explaining why HHS is not taking comments on the removal, HHS said "it is the practice of the Secretary to offer interested parties the opportunity to comment on proposed regulations.  However, these regulations merely reflect statutory changes and remove unnecessary and obsolete regulatory provisions. Therefore, the Secretary has determined...that public comment is unnecessary and contrary to the public interest." 

  

On March 31st, the Children's Bureau published a request for public comments in the Federal Registry (80 FR 17045) regarding CAPTA. The Notice asked for comment on the public disclosure of findings or information about a case of child abuse or neglect that results in a child fatality or near fatality. 

 

The Notice includes the following specific questions:  

  1. Please describe any challenges you've had obtaining information about child fatalities and near fatalities which resulted from child abuse and neglect from a state. Have there been improvements in obtaining the information since the Children's Bureau revised the policy in Child Welfare Policy Manual section 2.1.A in September 2012?
     
  2. What concerns, if any, do you have with the definition of near fatalities in a state?
     
  3. Has a state responded that the state cannot disclose information due to confidentiality protections? If so, describe the information requested and the confidentiality provision cited by the state.
     
  4. Does your state offer a public report of the child fatalities review panel/commission? If so, does the report contain the required disclosure of information? Is the report a barrier to obtaining information?  

The Children's Bureau also asks for input on the following two questions: 

  1. What challenges, if any, have you faced implementing the revised policy? Has the revised policy improved your disclosure process and policies?
     
  2. Are there challenges in applying the disclosure policy while also ensuring that you adhere to confidentiality protections?  
Public comments are due on or before June 29, 2015. 
Children's Bureau Request for Public Comment - Adoption Assistance Program
On March 31st, the Children's Bureau also published a request for public comments in the Federal Register (80 FR 17058) regarding implementation of the suspension and termination policies for the title IV-E adoption assistance program.  

 

 

The Social Security Act permits a title IV-E agency to terminate a child adoption assistance subsidy under three delineated circumstances: (1) The child has attained the age of 18, the age that the agency has chosen pursuant to sec. 475(8)(B)(iii) and (iv) of the Social Security Act, or the age of 21 if the title IV-E agency has determined that the child has a mental or physical disability which would warrant continuation of assistance; (2) the title IV-E agency determines that the adoptive parents are no longer legally responsible for support of the child; or (3) the title IV-E agency determines that the adoptive parents are no longer providing any support to the child.  

 

The statute also requires adoptive parents to keep the title IV-E agency apprised of any circumstances that would impact a child's continued eligibility for title IV-E adoption assistance, or would impact the appropriate amount of the payment. However, the statute does not specify a recourse for title IV-E agencies if a parent does not provide such information. 

 

Specifically, the Children's Bureau is asking for input about how the title IV-E agencies are implementing these policies and whether there are any difficulties in ensuring that the agencies are paying title IV-E adoption assistance funds appropriately.  

 

The Children's Bureau asked for comment on the following questions:  

  1. Should jurisdictions have authority to suspend adoption assistance payments under any circumstances? If so, what specific circumstances should be the basis for suspension?
     
  2. If suspension was to be permitted, what processes should be required in connection with suspension, and what processes should be required for reinstatement?  
Comments can also be submitted about "any other policy areas of concern relating to the title IV-E adoption assistance program."  Public comments are due on or before June 29, 2015.
Continuing to Update the NICS Database

Deadline:  May 7, 2015

Funding continues to improve the National Criminal Background Check System (NICS).  The Bureau of Justice Statistics looks to improve criminal record keeping by providing assistance to eligible states to improve the accuracy of records transmitted to state and federal systems.  Records include felony convictions, felony indictments, fugitives from justice, drug arrests and convictions, mental health adjudications and commitments, domestic violence protection orders, and misdemeanor crimes of domestic violence.  Eligibility is limited to state governments. There will be $25 million available for 25 awards.


 

Information: Cathy Maston 202/307-5992 cathy.maston@usdoj.gov solicitation.
State Court Assistance Webinar
With state budgets tight, it is increasingly important for court systems to look outside of traditional legislative appropriations for funding and resources.  Without adequate funding, the administration of civil and criminal justice suffers, not only producing diminished outcomes for court-involved individuals but also increasing system costs for related justice partners.  This webinar, Strengthening Court Systems: Understanding State and Federal Resources, highlighted multiple grant opportunities available through State Administering Agencies (SAAs) and various federal partners.  In addition to discussing how court administrators can engage with and stay apprised of funding opportunities, this webinar highlighted some of the federally funded training and technical assistance opportunities offered to court systems. Attendees also heard from court administrators about the process of applying for grant funds and showcase strategies for integrating court functions into criminal justice resource planning.

 
Presenting for this webinar were Brooke Marshall (Executive Director, MT Board of Crime Control); Bradley D. Fowler (Planning and Organizational Development Officer, NCJ Administrative Office of the Courts); Hon. Dina E. Fein (First Justice, Springfield, MA); Michael Coelho (Assistance Secretary for Policy and Planning, MA Executive Office of Public Safety and Security); Jonathan Faley (Associate Deputy Director, Bureau of Justice Assistance, U.S. Department of Justice); and Karen Lash (Senior Counsel, Access to Justice Initiative).
 

View the webinar here.
Office of Juvenile Justice Outlines Best Practices for Family Drug Courts

The U.S. Office of Juvenile Justice and Delinquency Prevention (OJJDP) releases new guidance on ways to improve the function of Family Drug Courts and how they treat young offenders.  OJJDP suggests Family Drug Courts should link up courts, child welfare, treatment, and other agencies, rather than operating as separate, isolated projects and seek additional local support from state or regional governments. 

Information

Resources for Indigent Defense Funding

In response to an inquiry from former CCJ President Eric Washington and COSCA President Rosalyn Frierson, the Department of Justice has informed the state court leadership of federal resources available to state courts to deal with the lack of funding in the indigent defense area. In the response letter, Director of the Department ot Justice's Access to Justice Initiative, Deborah Leff, highlights the following:

Some other resources that may be helpful include:

  • Grant opportunities and notifications. OJP offers a free email-subscription service through GovDelivery. Subscribers can tailor their email alerts for specific areas such as indigent defense or others: http://ojp.gov/govdelivery/subscribe.htm
Grants.gov is the source to find and apply for federal grants. It is a central storehouse for information on more than 1,000 funding opportunities and provides access to approximately $500 billion in annual awards. Users can search for and receive alerts on specific funding opportunities. For more information, visit www.grants.gov.

Judicial Training Resource Links

About the OCA

OCA is a state agency in the judicial branch that operates under the direction and supervision of the Supreme Court of Texas and the chief justice and is governed primarily by Chapter 72 of the Texas Government Code.  www.txcourts.gov

 

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