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Arkansasbear
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So the day started off great. We had a hearing set to take all morning settled on Friday afternoon and they sent over an order that settled it and took it off the docket. So I decided I'd come in a bit later today than normal and met my best friend and we knocked out a quick 25 miles on the bike on a glorious morning. Went to the house took a shower grabbed what I had for lunch and headed to the office.

I had a ton orders that needed to be reviewed so I knocked those out.

Was having lunch at my desk, so I pulled up this afternoon's case to refresh what the issues were.

Had a couple married in October of 2022 and separated in April of 2024. They rent an apartment so no real property to deal with, that's nice. They are early 20s and don't have any retirement accounts that have to be divided, that's easy for me. They have divided all of their person property (except for one item), so that again makes things easy for me.

The issues to be resolved A DOG!!!! Arguing for a "custody schedule" for the dog. Spoiler alert - I don't think that's going to happen. Plus both sides have filed contempt motion arguing the other side has violated court orders by "unreasonably restricting access" to the dog. This is going to be a shit show. One of the reason I don't keep liquor in my office, I'd be tempted to mix a drink before going out on the bench.
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Arkansasbear wrote: Mon Apr 21, 2025 12:40 pm So the day started off great. We had a hearing set to take all morning settled on Friday afternoon and they sent over an order that settled it and took it off the docket. So I decided I'd come in a bit later today than normal and met my best friend and we knocked out a quick 25 miles on the bike on a glorious morning. Went to the house took a shower grabbed what I had for lunch and headed to the office.

I had a ton orders that needed to be reviewed so I knocked those out.

Was having lunch at my desk, so I pulled up this afternoon's case to refresh what the issues were.

Had a couple married in October of 2022 and separated in April of 2024. They rent an apartment so no real property to deal with, that's nice. They are early 20s and don't have any retirement accounts that have to be divided, that's easy for me. They have divided all of their person property (except for one item), so that again makes things easy for me.

The issues to be resolved A DOG!!!! Arguing for a "custody schedule" for the dog. Spoiler alert - I don't think that's going to happen. Plus both sides have filed contempt motion arguing the other side has violated court orders by "unreasonably restricting access" to the dog. This is going to be a shit show. One of the reason I don't keep liquor in my office, I'd be tempted to mix a drink before going out on the bench.
There are people, and I'm one of them, that love dogs like humans. I have a close friend who literally "stayed married for the dog", and they split after the dog died. Dogs are like children for a lot of people.
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dplank wrote: Mon Apr 21, 2025 2:29 pm
Arkansasbear wrote: Mon Apr 21, 2025 12:40 pm So the day started off great. We had a hearing set to take all morning settled on Friday afternoon and they sent over an order that settled it and took it off the docket. So I decided I'd come in a bit later today than normal and met my best friend and we knocked out a quick 25 miles on the bike on a glorious morning. Went to the house took a shower grabbed what I had for lunch and headed to the office.

I had a ton orders that needed to be reviewed so I knocked those out.

Was having lunch at my desk, so I pulled up this afternoon's case to refresh what the issues were.

Had a couple married in October of 2022 and separated in April of 2024. They rent an apartment so no real property to deal with, that's nice. They are early 20s and don't have any retirement accounts that have to be divided, that's easy for me. They have divided all of their person property (except for one item), so that again makes things easy for me.

The issues to be resolved A DOG!!!! Arguing for a "custody schedule" for the dog. Spoiler alert - I don't think that's going to happen. Plus both sides have filed contempt motion arguing the other side has violated court orders by "unreasonably restricting access" to the dog. This is going to be a shit show. One of the reason I don't keep liquor in my office, I'd be tempted to mix a drink before going out on the bench.
There are people, and I'm one of them, that love dogs like humans. I have a close friend who literally "stayed married for the dog", and they split after the dog died. Dogs are like children for a lot of people.
100%. I never realized how much I could love an animal until Watson came into my life. Love that little fucker.
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Can't you just knock that out pretty quickly, too?


Alternating weeks*
Hand off occurs on agreed upon day of the week between X and Y
Person giving them up travels to the receivers home to drop them off (unless they agree to something else)


Unless one of them does a ton of travel or highly irregular work hours, it doesn't seem like it should get too complicated.

* If they're crazy enough to complain "That means he's going to get Rover for the next 5 Christmasses in a row!" then say each year they alternate one of them getting 2 weeks in a row, so that the timing gets staggered and holidays land for a different party each year.
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It's a matter of what the law dictates. Some states in divorces cases a judge actually has to make a determination of "what is in the best interest of the pet." Other states have the judge make a determination of "what is in the best interest of the parties" as it relates to how the pet is awarded. No states, to the best of my knowledge, allow a judge to set up a "custody order" for a pet. In Arkansas pets are simply property that such considerations do not factor into. Both attorneys continued to make arguments that were not proper. I wanted to quote Billy Madison.

"what you've just said is one of the most insanely idiotic things I have ever heard. At no point in your rambling, incoherent response were you even close to anything that could be considered a rational thought. Everyone in this room is now dumber for having listened to it. I award you no points, and may God have mercy on your soul."

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lol, I get the property part, but the law is behind reality in that regard. I recognize its not your job as a judge to make/fix broken laws, but most pet owners do not view their pets as simple property, they view them as family. And the laws for animal cruelty, abuse, theft, and murder need to reflect that. Instead they are treated too much like someone stole a bike or something instead of the actual impact that someone stealing your dog would have on your life.
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:) Puppy pictures!
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dplank wrote: Mon Apr 21, 2025 4:02 pm lol, I get the property part, but the law is behind reality in that regard. I recognize its not your job as a judge to make/fix broken laws, but most pet owners do not view their pets as simple property, they view them as family. And the laws for animal cruelty, abuse, theft, and murder need to reflect that. Instead they are treated too much like someone stole a bike or something instead of the actual impact that someone stealing your dog would have on your life.
I don’t disagree with that all. I kept telling one of the attorneys that was trying to make that argument time and time again. I told her go change the law, it would make more work for me but it would be worth it IMO.
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Arkansasbear wrote: Mon Apr 21, 2025 7:48 pm
dplank wrote: Mon Apr 21, 2025 4:02 pm lol, I get the property part, but the law is behind reality in that regard. I recognize its not your job as a judge to make/fix broken laws, but most pet owners do not view their pets as simple property, they view them as family. And the laws for animal cruelty, abuse, theft, and murder need to reflect that. Instead they are treated too much like someone stole a bike or something instead of the actual impact that someone stealing your dog would have on your life.
I don’t disagree with that all. I kept telling one of the attorneys that was trying to make that argument time and time again. I told her go change the law, it would make more work for me but it would be worth it IMO.
Need more judges like you ark!
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Arkansasbear wrote: Mon Apr 21, 2025 3:54 pm It's a matter of what the law dictates. Some states in divorces cases a judge actually has to make a determination of "what is in the best interest of the pet." Other states have the judge make a determination of "what is in the best interest of the parties" as it relates to how the pet is awarded.
Unless there's specific language to the contrary, I can't see how
"what is in the best interest of the pet" and "a schedule incorporating both people"
or
"what is in the best interest of the parties" and "a schedule incorporating both people"

aren't probably the same thing (unless one party is clearly significantly more bonded, stable, responsible, or has a more amenable schedule)
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Arkansasbear
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Moriarty wrote: Tue Apr 22, 2025 7:55 am
Arkansasbear wrote: Mon Apr 21, 2025 3:54 pm It's a matter of what the law dictates. Some states in divorces cases a judge actually has to make a determination of "what is in the best interest of the pet." Other states have the judge make a determination of "what is in the best interest of the parties" as it relates to how the pet is awarded.
Unless there's specific language to the contrary, I can't see how
"what is in the best interest of the pet" and "a schedule incorporating both people"
or
"what is in the best interest of the parties" and "a schedule incorporating both people"

aren't probably the same thing (unless one party is clearly significantly more bonded, stable, responsible, or has a more amenable schedule)
Likely get to the same result just approaching from a different way.

"I find it is best for Fido to go with Bob because Bob takes Fido to work every day and Fido has a much stronger bond with Bob than Susan."

vs.

"I find it is best for Bob to have Fido as he takes Fido to work with him every day and Bob has a much stronger bond with Fido that Susan."

Sometime it's about the process rather than the result.
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Definitely family.
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Otis Day
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We put down the family dog 10 yrs ago. My olders was out of the house, he was 22. My daughter was at college, she was 19. My youngest, son, was home as he was 16. Hard thing to go thru. Swore I would never get another dog. A few months later brought home a rescue, yellow lab. It did not go well. He would only listen to me, sometimes and he despised my son's girlfriend. My wife could not do it anymore so the dog went back.

Fast forward to 5 yrs ago. Daughter now living at home due to COVID. Her place of employment closed and she was without a job. She decides to get a puppy. We drove to eastern Missouri to get a half Australian Shephard, half Border Collie, Huckleberry. Smartest damn dog I have ever been around. About a year and a half of having my daughter home, with the dog, she moves out and leaves the dog. I am pissed as I do not want another dog. My wife and I like to do weekend getaways. I like the dog, I take it on long walks frequently. I don't like trying to find someone to watch it when I get away. Luckily the youngest moved home but he is not going to be there forever.

There are times for dogs, in my life, and times I don't want a dog. Now is a time I don't want one. I entertain the damn thing and will be heartbroken when he is gone. Another reason I didn't want one. I can love dogs but not want one. Now I am stuck with Huckleberry and we have made the best of it.
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dplank wrote: Tue Apr 22, 2025 7:18 am
Arkansasbear wrote: Mon Apr 21, 2025 7:48 pm

I don’t disagree with that all. I kept telling one of the attorneys that was trying to make that argument time and time again. I told her go change the law, it would make more work for me but it would be worth it IMO.
Need more judges like you ark!
Thanks.
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Otis Day
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Ark have you ever presided over juvenile Court?
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Otis Day wrote: Wed Apr 23, 2025 12:32 pm Ark have you ever presided over juvenile Court?
Yes. I handle all cases in which kids come into state custody due to neglect and abuse; domestic relation issues (divorces and paternity - I don't do any orders of protection (THANK GOD); and probate issues (guardianship, wills, trust, etc.)
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My experience being a Juvenile Probation Officer is hardly any judge wants to do juvenile delinquency court or juvenile abuse/neglect court. With regards to me, I would think judges would want to be on trying to influence the young ones to avoid a life of crime. In my circuit, judges rotate on a yearly basis. Luckily we had a judge who liked doing delinquency court and did it 3 of the last 4 yrs. He scared the shit out of some kids and sent the ones who needed prison away. Our current judge is kind of a puss. Puts no fear in these kids, talks to nice to them and goes along with whatever agreement is presented to to him. Kids need to have a healthy fear of a judge IMO. What adds to this is a weak State's Attorney's Office. They will rarely prosecute, they want to have an agreement 90+% of the time. They want to believe everything these kids say. When I present who and what the kid actually is (criminal, on their way to a career in it) they do not want to believe me. I tell them I know the kid(s), I deal with them personally on an ongoing basis, not a few minutes before court.

In IL the juvenile justice system is getting so fucked up it isn't even funny. I am guessing in 5-7 yrs there will no longer be juvenile detention centers. Juvenile prisons will probably only be for murderers and the like. The lawmakers/politicians are getting so soft.
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Otis Day wrote: Wed Apr 23, 2025 3:18 pm My experience being a Juvenile Probation Officer is hardly any judge wants to do juvenile delinquency court or juvenile abuse/neglect court. With regards to me, I would think judges would want to be on trying to influence the young ones to avoid a life of crime. In my circuit, judges rotate on a yearly basis. Luckily we had a judge who liked doing delinquency court and did it 3 of the last 4 yrs. He scared the shit out of some kids and sent the ones who needed prison away. Our current judge is kind of a puss. Puts no fear in these kids, talks to nice to them and goes along with whatever agreement is presented to to him. Kids need to have a healthy fear of a judge IMO. What adds to this is a weak State's Attorney's Office. They will rarely prosecute, they want to have an agreement 90+% of the time. They want to believe everything these kids say. When I present who and what the kid actually is (criminal, on their way to a career in it) they do not want to believe me. I tell them I know the kid(s), I deal with them personally on an ongoing basis, not a few minutes before court.

In IL the juvenile justice system is getting so fucked up it isn't even funny. I am guessing in 5-7 yrs there will no longer be juvenile detention centers. Juvenile prisons will probably only be for murderers and the like. The lawmakers/politicians are getting so soft.
It's a hard line to tow for sure. We are lucky that that our judge that does delinquency is a rock star. He's been super pivotal in getting uniform threat assessments for all kids before they are sentenced, so he has a complete picture of what needs to be address with the kids at risk that haven't fallen off the cliff yet. Our old judge was a lazy piece of crap that was just checking boxes. Almost every kid got the same sentence:

Kid 1 - female offender who got in fight and use a box cutter and slashed the arm of another kid (side not - here every girl that gets in a fight with a weapon has box cutter) - sentence - 18 months probation, $1500 fine (that a GREAT sentence for a 14 year old kid :frustrated: ); 48 hours of community service.

Kid 2 - shoplifting a Snickers at Wal-Mart - same sentence but also complete a class for shop lifters.

What's up with that.

Now the judge has a complete picture of what's going on in the kids entire life and factors affecting the kids chance at success. He's got a great pre-sentencing team that lines up counseling, tutoring, mentor programs, and everything else those kids need to have a real shot. Has a great team of probation officers that work hard with the family. Has done away with using fines as a way to "fill the county coffers" (which REALLY pissed of lots of people at first until they realized they only collects about $50 of each $1500 imposed). Number of reoffenders has dropped a ton (and that's across the state as he's gotten the assessment prior to sentencing to be mandatory).

He also started the first juvenile drug court to give better services to those kids while they are young as well as the first teen court program (seniors from high school act as the attorneys, judges and jurors for the offenders (no violent offenders can go through it). Kids that go through that program have something crazy as far as not re-offending (like 3% or something).

All that being said about him - when kids keep coming back or have violent offenses he will bring the thunder.

I had been a deputy prosecutor for 13 years before getting on the bench and thought I'd had the abuse/neglect stuff, but man I was wrong. I've been doing it 14 years now and like you said, it's an amazing feeling to see families that are FUBARed be able to get everything in order and get their kids back. I run into so many parents down the road who completely break down telling me how when their kids got taken they assumed everyone would view them as loser and do nothing to help them, but once they got into court and saw everyone rally to help them, they knew they had a chance and that gave them the drive to work so hard. Still sad when people can't get it fixed. Meth is simply awful (second worse thing behind only cancer IMO) and people just keep getting brought down by going back to their "friends" for support.

Thank you for what you, you are likely WAY more important than you realize.
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@Arkansasbear It sounds a bit like Solomon’s decision.

If you guys can’t agree we’ll cut the dog in half and you can have half each.

Those people need to grow up, get their heads out of their behind, and make a schedule they both agree with.

Or if they make the law make a decision then one of them will lose out completely.

How did it turn out?
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Ditka’s dictaphone wrote: Sun Apr 27, 2025 3:52 am @Arkansasbear It sounds a bit like Solomon’s decision.

If you guys can’t agree we’ll cut the dog in half and you can have half each.

Those people need to grow up, get their heads out of their behind, and make a schedule they both agree with.

Or if they make the law make a decision then one of them will lose out completely.

How did it turn out?
Found everything to be marital property other than a gun she owned and a chair she in inherited from her dad. Gave them 14 days to work it out or sell it all. I think she made about $2700/month and he made a bit more than that. They each spent over $1000 on attorney fees for the hearing on a dog they got for free and had for about 4 month before they filed for divorce.
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Arkansasbear wrote: Sun Apr 27, 2025 9:14 am
Ditka’s dictaphone wrote: Sun Apr 27, 2025 3:52 am @Arkansasbear It sounds a bit like Solomon’s decision.

If you guys can’t agree we’ll cut the dog in half and you can have half each.

Those people need to grow up, get their heads out of their behind, and make a schedule they both agree with.

Or if they make the law make a decision then one of them will lose out completely.

How did it turn out?
Found everything to be marital property other than a gun she owned and a chair she in inherited from her dad. Gave them 14 days to work it out or sell it all. I think she made about $2700/month and he made a bit more than that. They each spent over $1000 on attorney fees for the hearing on a dog they got for free and had for about 4 month before they filed for divorce.
You still seem to think dogs have little value here, the money is not a factor when it comes to a family member. Please try and keep this in mind when seeing similar cases in the future, it's not about the money it's about love of the dog. I'd spend 20K to keep my boy, and I got him from a rescue for free.
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dplank wrote: Fri May 02, 2025 8:01 am
Arkansasbear wrote: Sun Apr 27, 2025 9:14 am

Found everything to be marital property other than a gun she owned and a chair she in inherited from her dad. Gave them 14 days to work it out or sell it all. I think she made about $2700/month and he made a bit more than that. They each spent over $1000 on attorney fees for the hearing on a dog they got for free and had for about 4 month before they filed for divorce.
You still seem to think dogs have little value here, the money is not a factor when it comes to a family member. Please try and keep this in mind when seeing similar cases in the future, it's not about the money it's about love of the dog. I'd spend 20K to keep my boy, and I got him from a rescue for free.
That's my job. I don't get to make decisions of an item of property based upon someone emotional connection to that item. In a divorce property is divided based upon monetary value not other factors. People have emotional attachments to all sorts of things, but that's irrelevant. I don't deny they both loved the dog. They have the power to decide who loves the dog more and who values it more. Either they agree to take less of the other property and they get the dog, or the dog gets sold and whoever is willing to pay more because they value the dog more gets it.

I thought I explained earlier that the law is what it is. Some states empower a judge to take a different approach (it is a very small minority of the states last I checked). I don't have that latitude. If I make my decision based on what you are saying, I"m not doing my job. I know several judges that their view is they have to "do the right thing," and that's a horrible approach. You goal is to get the right ruling and you do that by applying the law. That means sometimes you make a ruling you think is total crap. I have a handful of ruling that still piss me off to this day and they were years ago.
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I'm not questioning your job, I wouldn't presume to do that. I'm more commenting on your snipe that these people spend $1000 on a "free dog", as the way you worded it sounded like you thought they were being stupid for spending that money. And I'm just pointing out to you, at a personal not professional level, that some people place a lot more value on their dog than $1000.
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dplank wrote: Fri May 02, 2025 11:12 am I'm not questioning your job, I wouldn't presume to do that. I'm more commenting on your snipe that these people spend $1000 on a "free dog", as the way you worded it sounded like you thought they were being stupid for spending that money. And I'm just pointing out to you, at a personal not professional level, that some people place a lot more value on their dog than $1000.
Okay my bad I misunderstood what you were saying. I thought you were saying I should have looked at it "from the bench" differently than a dollar value. Like I said, I get the emotional attachment people have, but at some point you have to make a determination if you are spending money wisely. People making $250,000 spending $1000 to fight over a something? okay i guess. People making $28-35000 on something like that? Don't think that's a good move. Especially when they had the dog for something like 6 months. Just seems to be bit penny wise dollar foolish IMO.
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Arkansasbear wrote: Fri May 02, 2025 1:23 pm
dplank wrote: Fri May 02, 2025 11:12 am I'm not questioning your job, I wouldn't presume to do that. I'm more commenting on your snipe that these people spend $1000 on a "free dog", as the way you worded it sounded like you thought they were being stupid for spending that money. And I'm just pointing out to you, at a personal not professional level, that some people place a lot more value on their dog than $1000.
Okay my bad I misunderstood what you were saying. I thought you were saying I should have looked at it "from the bench" differently than a dollar value. Like I said, I get the emotional attachment people have, but at some point you have to make a determination if you are spending money wisely. People making $250,000 spending $1000 to fight over a something? okay i guess. People making $28-35000 on something like that? Don't think that's a good move. Especially when they had the dog for something like 6 months. Just seems to be bit penny wise dollar foolish IMO.
Well, this tells me how you feel about dogs. I could be penniless and would steal money from a hooker to try and save my dog. It's hard to put any price on it.
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Last night was a first. I will preface it by saying, the officer was unquestionably blind sided, dumbfounded and really was just looking for advice, guidance. He was investigating an animal cruelty case and the offender was 6 yrs old!!!!!!! I told him in no uncertain terms, probation would not be touching that case even if he referred it. I told him the juvenile justice system is not set up to deal with 6 yr olds. I told him to call the State's Attorney's Office for their input. My only suggestion was to call a report in to the DCFS hotline. While I think IL's DCFS is pretty worthless, that is probably the only option at this point.

The minor is being raised by his grandparents. The officer provided me no info about them, and he didn't have to. But, are they the type that think Little Johnny does not wrong? Is this something they will play off as, "He is only 6m he doesn't know any better."

It was a heinous act and the animal eventually passed due to its injuries.

What the eff is the world coming to?
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Otis Day wrote: Tue May 13, 2025 9:52 am Last night was a first. I will preface it by saying, the officer was unquestionably blind sided, dumbfounded and really was just looking for advice, guidance. He was investigating an animal cruelty case and the offender was 6 yrs old!!!!!!! I told him in no uncertain terms, probation would not be touching that case even if he referred it. I told him the juvenile justice system is not set up to deal with 6 yr olds. I told him to call the State's Attorney's Office for their input. My only suggestion was to call a report in to the DCFS hotline. While I think IL's DCFS is pretty worthless, that is probably the only option at this point.

The minor is being raised by his grandparents. The officer provided me no info about them, and he didn't have to. But, are they the type that think Little Johnny does not wrong? Is this something they will play off as, "He is only 6m he doesn't know any better."

It was a heinous act and the animal eventually passed due to its injuries.

What the eff is the world coming to?
Yikes...that's really concerning for a kid of any age, let alone 6. That's the kind of thing that can grow into Jeffrey Dahmer type shit if left unchecked. I sincerely hope you don't hear anything about that kid in the future...
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Otis Day
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I agree. I was not given the kid's name and have not seen any type of report yet. Kid needs some help for sure
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Otis Day wrote: Tue May 13, 2025 9:52 am Last night was a first. I will preface it by saying, the officer was unquestionably blind sided, dumbfounded and really was just looking for advice, guidance. He was investigating an animal cruelty case and the offender was 6 yrs old!!!!!!! I told him in no uncertain terms, probation would not be touching that case even if he referred it. I told him the juvenile justice system is not set up to deal with 6 yr olds. I told him to call the State's Attorney's Office for their input. My only suggestion was to call a report in to the DCFS hotline. While I think IL's DCFS is pretty worthless, that is probably the only option at this point.

The minor is being raised by his grandparents. The officer provided me no info about them, and he didn't have to. But, are they the type that think Little Johnny does not wrong? Is this something they will play off as, "He is only 6m he doesn't know any better."

It was a heinous act and the animal eventually passed due to its injuries.

What the eff is the world coming to?
That's bad. Had something similar in court the other day. Kid (13) was getting discharged from acute care and mom said can't come home. He killed 2 family bets and was waiving a knife at his siblings 10 days before he went in.
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Arkansasbear wrote: Wed May 14, 2025 2:51 pm
Otis Day wrote: Tue May 13, 2025 9:52 am Last night was a first. I will preface it by saying, the officer was unquestionably blind sided, dumbfounded and really was just looking for advice, guidance. He was investigating an animal cruelty case and the offender was 6 yrs old!!!!!!! I told him in no uncertain terms, probation would not be touching that case even if he referred it. I told him the juvenile justice system is not set up to deal with 6 yr olds. I told him to call the State's Attorney's Office for their input. My only suggestion was to call a report in to the DCFS hotline. While I think IL's DCFS is pretty worthless, that is probably the only option at this point.

The minor is being raised by his grandparents. The officer provided me no info about them, and he didn't have to. But, are they the type that think Little Johnny does not wrong? Is this something they will play off as, "He is only 6m he doesn't know any better."

It was a heinous act and the animal eventually passed due to its injuries.

What the eff is the world coming to?
That's bad. Had something similar in court the other day. Kid (13) was getting discharged from acute care and mom said can't come home. He killed 2 family bets and was waiving a knife at his siblings 10 days before he went in.
Jesus. Like what do you even do with kids in that situation? Obviously, you don't want to just lock them away, but what kind of programs do they even have for that? I'm familiar with juvenile detention and specialized treatment facilities for minors from my time as a foster parent, but killing animals and threatening siblings is way beyond anything I have experienced.
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