Holding the Torch

ARE JUVENILE CONVICTIONS PUBLIC RECORDS IN VIRGINIA?

    Convictions for juveniles are different than for adults.  A “conviction” is an “adjudication of delinquency”.  If a Juvenile is 14 years of age or older at the time of the offense for which he/she is adjudicated delinquent for an act that would be a felony if committed  by an adult, then court records regarding the trial for that offense or any subsequent offense are open to the public.  Exceptions include social, medical, psychiatric or psychological records and other records that are specified by the Virginia Code. Access to these record are limited to parents of the defendant, attorneys for the defense , prosecution, court staff, agencies with custody of the child and other persons approved under the statute or by the court. See Va. Code Section 16.1-305.

A GATHERING OF ADVOCATES

    Last Friday I attended the 14th Annual Robert E. Shepherd Jr. Juvenile Law and Education Conference at the University of Richmond School of Law. The conference brought together lawyers and advocates from around the State to share knowledge and strategies for advocacy on behalf of children and families in the Juvenile Justice system.  This was a great conference.

     I am always refreshed by the energy and creativity of advocates for children and families in need. Our clients come to us mired in the complexities of the juvenile justice system and the maze of rules and regulations that govern services for children with disabilities.  This conference brought together new young lawyers and seasoned advocates to talk about “what to do and how to do it”. The opportunities to learn and re-energize are always important.  We need to talk to each other and share the load because the work is too hard to be done in isolation.

     The Conference takes its name from University of Richmond law professor emeritus, Robert E. Shepherd Jr. who died last December after battling cancer.  I knew Bob and I had the honor and privilege of working with him on a number of juvenile advocacy projects over the years.  Many of us regard Bob as the having been the primary guiding influence for the Juvenile Court law in Virginia.  He was tireless and his passion for child advocacy was reflected in many of his former students and friends who attended the conference last week.  Bob would have approved.

WHAT HAPPENS WHEN THE LOCAL FAPT COMMITTEE WILL NOT AUTHORIZE FUNDS FOR THE PRIVATE PLACEMENT REQUIRED BY A CHILD'S IEP?

       With the increased budget pressures on local governments and school districts in Virginia, we have seen an increase in complaints by parents that local FAPT committees are refusing to authorize funding for children’s private placement mandated by their child’s IEP.  If the funds are not specifically refused, parents are seeing FAPT committees trying to re-determine the need for a private placement for a special education student.  This poses a serious problem for parents and school personnel who have committed to a private placement for a special needs child through the special education IEP process.

     The Family Assessment and Planning Team or (FAPT) is a mechanism for determining what services (and funding for those services) will be provided to at-risk children and families under the Virginia Comprehensive Services Act (CSA).  For some special education students, school districts must convene a FAPT for the purpose of supplementing the funding for private day or residential school placements mandated by a child’s IEP.  The problem occurs when the FAPT questions the level of placement required by the IEP and refuses to authorize funds for the placement.  Children and Parents are caught in the middle.

     The placement determined by the school’s IEP team supersedes the ability of a FAPT to reconsider any placement or service that is inconsistent with a child’s IEP. 

    • The FAPT may not make decisions that are contrary to Federal and State special education laws and regulations.

    • The FAPT may not change or modify a placement determined by a child’s IEP team.  By law, the IEP must identify a specific school for the private placement of a special education student.

    • The FAPT cannot require a meeting of the Child Specific Team (CST) as a condition for authorizing payment for a placement required by the IEP.

    I expect that we will see more on this issue in the near future.  Parents of special needs children can learn more about the laws and procedures that govern this process from the Virginia Department of Education  and the Virginia CSA web sites.  For problem solving in difficult individual cases, parents should consult with an attorney experienced in this area of law.