WOODVILLE &045; During budget hearings last month, Wilkinson County officials said they anticipate spending $54,000 for youth court operations during the 2004 fiscal year.

That figure represents only a fraction of the rural county’s $5 million budget. But with a recent 6-mill reduction in the county’s tax levy, officials are scrutinizing every expense more closely.

Is this critical element of the judicial system adequately funded and operated in a cost-effective manner?

By its very nature, youth court is a secretive function. Case files involving minors are kept confidential, and hearings are closed to the public. But examining the process allows a more effective evaluatation of the system.

&uot;We try to just deal with the most serious cases Š&uot;

In rural counties without the tax base needed to support a county court for juvenile cases, youth court is administered through the local chancery court district.

Local lawyers are appointed by the chancery court judge to serve as referees or prosecutors.

Both are required to attend annual training seminars to maintain their state certification.

Counselors from the state Department of Human Services and a school attendance officer from the state Department of Education provide support services to the court.

Centreville attorney Gene Horne has been involved in Wilkinson County Youth Court &045; first as a prosecutor and now as a referee &045; for the past 20 years.

&uot;We try to just deal with the most serious cases. Most of the caseload is the delinquency cases,&uot; Horne said.

The state Department of Human Services reported that 79 percent of referrals handled by its Division of Youth Services in 2001 were delinquency cases.

Of those referrals, 70 percent were made by law enforcement agencies. Others were reported by families or counselors, while a significant number were reported by schools.

William Winans Middle School Principal Robert Williams said he has referred seven delinquency cases to Wilkinson County Youth Court so far this school semester.

&uot;We report cases where weapons or drugs are found, or whenever we have gang fights with two or more students fighting another student. We also report any threats against our staff. In most cases, we’ve already taken disciplinary action at the school when we report the case to youth court,&uot; Williams said.

The youth court referee or a DYS counselor is responsible for checking minors into detention facilities when crimes are reported.

The seriousness of the charge and whether the juvenile may pose a danger to the public or to himself is considered.

&uot;Usually, I’ll get a call from a local law enforcement agency.

They don’t tell me anything about the alleged crime&045;just the name, age and charge.

I’ll call the detention center and follow that with a written order the next day,&uot; Horne said.

Since juveniles cannot be housed in adult jails and Wilkinson County does not have a juvenile facility, minors must be transported to juvenile centers in Natchez or McComb.

Wilkinson County pays Adams County at a rate of $75 per night to house its juvenile detainees.

For those transported to Pike County&045;mostly from the Centreville area in the eastern part of the county&045;the rate is $105 per night.

Those costs do not include any medical expenses incurred by the child during detention.

The Wilkinson County Sheriff’s Department is also responsible for transporting minors to and from the detention centers for court hearings or doctor’s visits.

A detention hearing must be held within 48 hours of incarcerating a minor.

The purpose of a detention hearing is not to argue the facts of the case, but to determine whether or not the minor would pose a danger to himself or others if released.

&uot;Most of the time, the 48 hours controls them, and they are released back to their parents.

They realize ‘I can be locked up for this,’&uot; Horne said.

&uot;You have to be able to tell the differenceŠ&uot;

Malicious mischief, disorderly conduct and property crimes, such as burglary, larceny and shoplifting accounted for half of juvenile delinquency cases in the state in 2001.

Another 18 percent were assault cases, and 10 percent were drug or alcohol-related crimes.

Woodville attorney and retired Sixth Circuit District Attorney Alonzo H. Sturgeon was appointed youth court prosecutor in 1997.

&uot;Sometimes, it’s a discipline problem with the parents, and sometimes it’s gotten out of hand.

You have to be able to tell the difference,&uot; Sturgeon said.

After consulting with DYS counselors and reviewing intake files, a prosecutor may decide to pursue a delinquency case.

In that event, the child’s parents are served with process advising them of a hearing date, and the referee appoints a lawyer to represent the minor.

An adjudication hearing is then held to determine if the minor is delinquent, followed by a dispositional hearing which could result in the child being placed on probation or in training school.

Minors are committed to Training School for indefinite periods.

Their release dates are left to the discretion of the Training School staff.

&uot;I use ‘two strikes’ with a serious offense.

We have quite a few to go (to training school),&uot; Horne said.

In addition to delinquency cases, youth court is responsible for handling abuse and neglect cases.

Shelter hearings are required within 48 hours after a child is removed from a home. The court may appoint a guardian ad litem to represent the interests of the child or a special advocate to investigate the facts of the case.

Input is also received from DHS counselors.

&uot;We make recommendations based on interviews with the family.

Sometimes foster care is the best thing for the child,&uot;

Wilkinson County DHS social worker Billy Spiller said.

Horne said the number of abuse and neglect cases has increased over the past few years, due in part to stricter federal mandates regarding the parental rights of criminal defendants in drug cases.

A third function of youth court is to handle truancy cases, where a child or parent is charged with violating the state’s compulsory school attendance laws.

Edward Anthony has tracked truancy cases in Wilkinson County for 20 years as a school attendance officer for the state Department of Education.

Schools notify Anthony after a student misses five school days without a valid excuse.

If the truancy continues and the student accumulates 12 unexcused absences, Anthony can then ask the youth court prosecutor to file a petition for a child in need of supervision.

&uot;We really don’t want the cases to go to court.

We try to make referrals and get the parents the help they need before that happens.

It’s usually the same families involved in those cases,&uot; Anthony said.

Wilkinson County Youth Court handles an average of 15 to 20 school attendance cases in a year.

&uot;We do the best we canŠ&uot;

Sturgeon collects a fee from the county for each case he handles as youth court prosecutor.

His monthly salary averages between $800 and $1,000.

Horne is paid $700 monthly as youth court referee, and other local attorneys who serve as defense counselors or guardian ad litems are paid similar fees.

Sturgeon said he would like to see the state provide funding for administrative support and establish uniform procedures for youth court operations in rural counties.

&uot;We have a real problem in the rural counties due to a lack of state funding.

There are no secretaries for referees or prosecutors.

We do a lot of that ourselves,&uot; Sturgeon said.

DYS statistics indicate Wilkinson County Youth Court issued 31 delinquency case dispositions in 2001.

But that number does not represent the entire caseload for youth court since all cases are not ultimately adjudicated.

&uot;We’re not overwhelmed, but it’s still serious business.

We do the best we can with what we have,&uot; Sturgeon said.

While state-funded administrative support for prosecutors and referees would help facilitate the caseload, rural counties also suffer from a lack of access to treatment programs for juvenile offenders.

DYS Counselor Eileen Anderson handles youth court cases in several counties in Southwest Mississippi.

&uot;If you have a child that needs to go to an anger management classes and those classes are only available in Natchez or McComb, then it’s often hard to find a parent or guardian who can transport the child,&uot; Anderson said.

Anderson said by funding more treatment programs and creating additional sentencing options for youth courts in rural counties, more could be done to divert young offenders from future criminal behavior.