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A Primary Issue for Juvenile Justice: Who is a Juvenile?

 
juvenile-justice-reform_juvenile-court-signIn July, Mississippi began restricting the process for charging 17-year-olds, by requiring that almost all juveniles under age 18 charged with a misdemeanor or non-violent felony be tried in juvenile courts. Violent felonies committed by juveniles still are permitted to be handled by the adult justice system.
This policy is facing opposition from those within the state who feel it will reduce effective treatment of juvenile offenders. In reality, however, Mississippi is joining 38 other states which include 17-year-olds in the class of those treated as juveniles—and which reap the benefits of such a classification.
The first benefit is that it is generally a better idea to minimize (or even avoid) incarceration for misdemeanors and minor non-violent felonies. Costly jail cells should be reserved for those who pose a risk of violence to the public. Sending 17-year-olds guilty of minor crimes to juvenile courts, where they are more likely to receive probation or non-residential treatment, will reduce unnecessary criminal justice costs without jeopardizing public safety.
Secondly, 17-year-olds are still amenable to reform and rehabilitation in the way that younger juveniles are—and to a greater degree than adult offenders. Juvenile courts are the best option for recognizing reform methods applicable to each juvenile offender and ensuring comprehensive, successful treatment. These options are far more accessible to juvenile courts, and they increase the likelihood that a 17-year-old offender may become a law-abiding, productive citizen in the future.

Juvenile Court, Teen Substance Abuse, and Working with Prosecutors: a Webinar

juvenile-court_gears-meshingReclaiming Futures depends for its success on the creation of multi-disciplinary teams at the local level. We ask participating jurisdictions to begin with a judge, probation officer, treatment provider, community representative, and project director. We encourage communities to expand from there, and most do -- after all, there's usually a lot more players who need to be at the table to make significant, lasting reforms.
But many jurisdictions -- whether they're engaged in Reclaiming Futures or some other juvenile justice reform effort -- stumble when it comes to including prosecutors. Yet their support and participation can be key.
That's why we're offering this webinar, "Working with Prosecutors," presented by Susan Broderick, J.D., on September 22, 2011 at 11:00am PDT / 2:00pm EDT.  UPDATE: Ms. Broderick's webinar has been archived on this page - just search for her name or by the title of the webinar.

New Guide for Community Collaboration (and More) -- News Roundup

  • Promising Practice: Helping Young People into Employment
    LA Fitness founder Fred Turok spearheaded "Transforming a Generation," a program that provides on the job training and has helped 1,400 young people into jobs or higher education.
  • Two OJJDP Grants Cut for Lack of Funding
    The Comprehensive Anti-Gang Strategies and Programs and Evaluation of the Second Chance Act Juvenile Mentoring Initiatives were worth $750,000. Both grants were not awarded due to spending cuts in 2011. (Hat tip to Youth Today)
  • NIATx Training: Billing Third-Party Payers
    This learning collaborative will focus on giving behavioral healthcare providers, including adolescent substance abuse treatment providers, the skills they need to bill third-party payers for their services. Application deadline has been extended to September 23.
  • New Guide for Community Collaboration
    The National Collaboration for Youth has created "Invitation to the Big Picture: Implementing a Local Collaboration for Youth in Your Community," a guide to identifying or forming an association of local child- and youth-serving agencies. Please use and share this guide with your national and local networks. (Hat tip FYI)

Juvenile Court Records: Guilty After Proven Innocent

 
juvenile-justice-system_young-man-mug-shot[The following post was written for a Georgia-based publication, but I thought it likely applied to other states.  PLEASE NOTE: the fake mug shot at left was posed for by the photographer, who is not related to the author of this post. -- Ed.]
Late one night, one of my sons was picked up by police in the parking lot at a Wal-Mart in downtown Atlanta. Video cameras showed he was with a group of young people who “forgot” to pay as they strolled out of the store with a cart full of camping equipment.
He was waiting at the car for his friends to finish shopping and claimed he had no idea they didn’t intend to pay for their goods. Police arrested the entire group, leaving it up to the courts to sort the innocent from the guilty. After a frantic middle of the night phone call where he INSISTED he was innocent of shoplifting, we bailed him out of jail with $1,500 in cash, and about a month later the case was heard by a judge and the charges against him were dismissed.
Despite the fact that he was never charged with a crime, his mug shot from the Fulton County Jail lives on forever and it’s the first thing that pops up when a potential employer does a Google search. Ouch! That’s when we discovered the convoluted and difficult process of getting a record expunged. Not everyone is eligible for expungement, but it’s worth the time and effort.  This kind of thing can haunt you the rest of your life as you apply for jobs, ask for financial aid or fill out a rental agreement.
Seems like double jeopardy for the person involved.

Join SAMHSA Recovery Month for "Twitter Chat" on Recovery

adolescent-substance-abuse-treatment_national-recovery-month-logoThe Substance Abuse and Mental Health Services Administration (SAMHSA) Recovery Month is hosting its third Twitter chat to help spread the word that prevention works, treatment is effective, and people can and do recover.
The September #RecoveryChat will focus on celebrating Recovery Month and will be co-hosted by Dr. Westley Clark, director of SAMHSA’s Center for Substance Abuse Treatment, and Kathryn Power, director of SAMHSA’s Center for Mental Health Services. The chat will be held on Monday, September 12 from 12:30 pm - 1:30 pm PST / 3:30 p.m. – 4:30 p.m. EST.
Join the Twitter chat by asking questions and contributing to the dialogue about Recovery Month and substance use and mental health disorders by using the designated hashtag #RecoveryChat to track and participate in the conversation. By adding #RecoveryChat to the end of each tweet, you signify your involvement in the conversation. Also, be sure to tune in 15 minutes early for our first Twitterview with our expert co-hosts!
SAMHSA/CSAT also encourages you to share your stories about planning or attending Recovery Month events, key learnings of what worked or what didn’t work for you or others in recovery, or other similar topics. During the chat, we are looking to not only answer questions, but also to raise awareness of the importance of prevention, the effectiveness of treatment, and the reality of recovery.
Not available for the chat? Tweet your questions to @RecoveryMonth in advance, using the hashtag #RecoveryChat. If you aren’t on Twitter, but are interested in asking a question, feel free to post questions on the Recovery Month Facebook Page or send questions in an email to recoverymonthfan@samhsa.hhs.gov.
[Reprinted from a SAMHSA press release with minor changes.]

Three Strategies for Changing Juvenile Justice: Which Is Most Likely to Last?

juvenile-justice-reform_bringing-youth-home-coverjuvneile-justice-reform_resolution-reinvestment-realignment_coverA recent report from the National Juvenile Justice Network (NJJN), titled, "Bringing Youth Home: A National Movement to Increase Public Safety, Rehabilitate Youth and Save Money," documented the extraordinary number of states and jurisdictions (at least 24) that are closing or downsizing their youth correctional facilities, due to budget cuts, legislation, lawsuits, and pressure from reformers. (Download the report for tips on ways to downsize wisely.)
This is a good thing, because it means taxpayers can save money or avoid the high cost of incarceration, and reallocate those monies to community-based programs that are more effective at helping young people turn their lives around.
Right on the heels of the NJJN report comes a new report from Jeffrey A. Butts and Douglas N. Evans from the John Jay College of Criminal Justice's Research and Evaluation Center in New York, titled, Resolution, Reinvestment, and Realignment: Three Strategies for Changing Juvenile Justice. In it, they ask:

  • Do these reforms represent a permanent shift in policy and practice, or are they merely a temporary reaction to tight budgets and low rates of violent crime?
  • Will policymakers maintain the reforms if and when crime rises and budgets rebound?

States Save Millions by Downsizing & Closing Juvenile Prisons (and More) -- News Roundup

  • Report: Tribal Youth in the Federal Justice System
    Cosponsored by OJJDP and the Bureau of Justice Statistics, this report is now available online. The report describes findings from a study that explored issues surrounding American Indian youth who are processed in the federal justice system, and discusses the prevalence, characteristics, and outcomes at each stage of the justice system.
  • From PBS: Stats and Facts on Juveniles Tried as Adults
    Evidence that deterrent effects are minimal or nonexistent, and that, trying juveniles in criminal court may result in higher rates of reoffending.
  • Juvenile Offender Becomes Advocate for Youth At-Risk
    Starcia Ague helped push through a law in the state of Washington that allows Class A juvenile felony records to be sealed, at the discretion of the judge, as long as youth have a clean record for five years after their release.

Juvenile Justice: A Different Kind of Commencement

juvenile-justice-system_youth-waiting-to-graduate[Now that school's about to start, it seems like a great time to reprint this post, which originally appeared on Beacon Broadside and in the Huffington Post. It is appears here with the permission of the author. --Ed.]
Now that all the high school graduations are over and the backyard barbecues celebrated, I'm finally coming down from the contact high of all that youthful exuberance and optimism.
It's easy to get swept up into those good feelings. But now as I move into summer's quieter months, I can't help thinking about the high school students I taught in a county penitentiary and what "commencement" meant for them.
Success never came easily to my students. Why should it? They came from lives wrecked by poverty and discrimination. It tried to wreck their spirit, but it never could, not completely. In that way my students weren't any different from the kids at our local high schools -- like their peers, they believed that life was there for the shaping. That faith in success, though, didn't always translate onto the streets. So they got caught up in crime, got arrested, did their time.

Addressing the Collateral Consequences of Convictions for Young Offenders

juvenile-justice-reform_collateral-consequences-articleTwo million juveniles are arrested each year, and the collateral consequences they could face begin at this first point of contact with the system, regardless of whether charges are subsequently applied and the individual is convicted. People involved in the justice system encounter substantial challenges in gaining employment, civic participation, finding housing, applying to college, and accessing medical and mental health care. Placement on public registries such as sex offender registries are an increasingly common policy tools,, despite lack of evidence of effectiveness and mounting evidence of harm.  
A popular area of focus among advocates, practitioners, law enforcement and right-minded policymakers over the past decade has been to strengthen reentry support so that the odds of recidivism and return to the system are minimized. Less attention has been paid to the consequences that accompany a juvenile conviction but young people as well as adults face system-imposed obstacles to success based on a delinquent or criminal record. 
The philosophical beginnings of the juvenile justice system rested on the notion that young people who became delinquent were amenable to reform and the system should respond by providing ample rehabilitation services. It was also emphasized that youth should be spared from the stigma of involvement with the adult criminal justice system and not be branded as “criminals.” Matters that were dealt with in the juvenile justice system were to be done so in an informal, non-adversarial, and highly confidential manner. 

The Effects of Drug Testing in Schools (and More) -- News Roundup

  • Health and Human Services Awards $40 million
    Grants were awarded to 39 state agencies, community health centers, school-based organizations and non-profit groups in 23 states for efforts to identify and enroll children eligible for Medicaid and the Children's Health Insurance Program. (Hat tip to Rob Vincent.)
  • Study Finds Drug Testing in Schools Has Only Small Effect in Reducing Substance Use
    “This study sends a cautionary note to the estimated 20 percent or more of high schools that have joined the drug testing bandwagon,” study co-author Dan Romer said in a news release. “We find little evidence that this approach to minimizing teen drug use is having the deterrent effect its proponents claim.”
  • Fact Sheet: Understanding Child Welfare and the Courts
    Families involved with the child welfare system may have some involvement with the court—in most States, this occurs in a family or juvenile court. This fact sheet is designed to serve as a quick guide to the general types of court hearings that a family may experience, and it traces the steps of a child welfare case through the court system. (H/t Paul Savery.)

California’s Broken Juvenile Detention System

juvenile-justice-reform_padlock-on-decrepit-doorsIn 1858, the San Francisco Industrial School, California’s first large juvenile facility opened its doors and ushered in a new era of large dormitory-style institutions that would plague California to the present day. Rife with scandal, abuse, violence and a significant deficit of programming, congregate care institutions have proven a failed model since the 19th century. While Missouri and Washington have abandoned this broken system and rebuilt their juvenile justice systems anew, focusing on smaller therapeutic regional facilities; California continues to fixate on an archaic system with large training schools that cannot be repaired.

Currently, California operates a dual system of juvenile justice — probation, group homes, ranches and camps are provided by its 58 counties, while the state provides youth prisons reserved for adolescents who have committed a serious or violent offense as defined in the state’s Welfare and Institutions Code.

All parole and reentry services are provided by the counties. Currently, there are only 1,193 youths housed at the state level, approximately 190 of them are juveniles tried as adults but who are too young to be housed in adult prison.

Teens Only Listen to One Person…Themselves: How a Child’s Own Reasons for Change Lead to the Most Success

adolescent-substance-abuse-treatment_teens-on-the-street[Please note: Reclaiming Futures and its partners are not endorsing or promoting the author's book. We are reprinting his column because it does a good job of showing how the principles of Motivational Interviewing (an evidence-based practice) can be used to help youth make positive changes. Though written for parents with teens using alcohol and drugs, it also applies to juvenile probation officers and other professionals who work with youth to help them change their behavior -- all sorts of behavior, not just alcohol and drug use. --Ed.]
Imagine you are in the Emergency Department (ED) with your 16-year-old daughter, who was brought in for her second episode of alcohol poisoning in six months. The doctor is about to discharge her because, medically, she’s fine, but you know she’s going to go right back to heavy drinking if you don’t do something. You and your husband feel you’ve tried everything to help your daughter, but you also believe that there has to be some way to take advantage of this dire emergency to motivate her to get into treatment and to stop drinking.
I’ve seen hundreds of families in this very situation and their dilemma is always the same: they all want to influence their child to get on a better path, but they don’t know that there is a quick, easy and scientifically-proven way of getting the job done. The approach I’m referring to is called “Instant Influence.” It’s based on Motivational Interviewing (which in its briefest form has been shown to reduce substance use among adolescents and young adults seen in the ED) and my 20 years of experience motivating some of the most resistant-to-change substance abusing children and adults in a wide variety of settings.
People tend to only listen to one person — themselves. And, as a result, they’re only influenced by one person … again — themselves. So, as frustrating as this may be for a parent who would like to sternly say, “You have to stop!” and to have that be enough, the real trick to motivating someone is to get them to convince themselves to make a change for their own good reasons.

Webinar: The School-to-Prison Pipeline

juvenile-justice-reform_Teske-article-coverThink you can't dent the school-to-prison pipeline? The Honorable Steven Teske is here to tell you why you should and how you can.
--Okay, he's not here now, but he'll be leading a webinar about it (sponsored by Reclaiming Futures) in September. So, write the date and time down in ink, and pass this on to all your colleagues:

The School-to-Prison Pipeline
September 14, 2011 at 11:00am PDT / 2:00pm EDT

In this webinar, Judge Steven Teske will share the strategies used in Clayton, Georgia to work with the local school district to reduce referrals to juvenile courts, while simultaneously developing school-based strategies to address disruptive behavior.
This collaborative arrangement has reduced serious juvenile crime both at school and in the community, while increasing graduation rates. Judge Teske will also share the importance of making this a community effort by reaching out both to the local media and civic groups to educate them on the effects of referring teens from school to juvenile courts, and the importance of developing strategies in the best interest of our youth.
Update September 20, 2011: You can watch the archived webinar and download the slides and other info here (search for "The School-to Prison-Pipeline," in the "Juvenile Justice Reform" section.)

Kentucky Adapts Reclaiming Futures Model for Status Offenders

juvenile-justice-reform_Reclaiming-Futures-in-Kentucky-cover
[Editor's note: We're extremely proud of the work Kentucky has done with the Reclaiming Futures model to serve the needs of teens in the juvenile justice struggling with alcohol, drugs and crime.
Given the tenacity of our Kentucky contingent, it's only to be expected that they'd find a creative way to apply the Reclaiming Futures model in a new way -- and what Kentucky Youth Advocates proposes below may be a promising indication of the model's applicability to other problems relating to young people in the juvenile justice system. We're gratified that Kentucky recognizes the power of the model to drive change at the systems level.
Though we're pleased that the model is gaining traction, the Reclaiming Futures national program will continue to focus on youth in the juvenile justice system with alcohol and drug issues. We were launched by the Robert Wood Johnson Foundation in 2001 because that population was not getting the services it needed, and though progress has been made, there's still a lot to do.]

Many things make me proud to call Kentucky home – beautiful horses, great college basketball, and friendly people. But behind the rolling hills, the thrilling games, and smiling faces, are several things about my great state that make me concerned. Kentucky frequently ranks at the bottom of the pile on health, economic well-being and other measures of how children are faring. One particularly disconcerting benchmark is the frequency with which our youth end up being locked up for things like skipping school or running away from home. Kentucky has the second-highest rate in the nation of doing so.

Adolescent Substance Abuse: "Bath Salts" an Emerging Risk

adolescent-substance-abuse-treatment_NDIC-bath-salts-reportMany of you have undoubtedly seen news about synthetic drugs that are marketed -- legally, in many places around the country -- as "bath salts" or "plant food." These "synthetic cathinones" are stimulants that usually come in powder or crystal form, and can be smoked, injected, or snorted.  Emergency rooms and poison control centers have seen enough serious negative health effects that legislatures in a number of states have attempted to ban these drugs, and the constituent ingredients.  
Use varies by locale. In Maine, police and hospitals have reported "a surge of people becoming delusional and violent after injecting, snorting or smoking so-called bath salts."
The National Drug Intelligence Center (NDIC) recently issued a situation report on bath salts (non-prescription synthetic cathinones), calling them an "emerging domestic threat." Users include teens.
Note to Juvenile Courts (and Juvenile Drug Courts in Particular):
Teens and others find bath salts attractive because:

  • They are often sold legally in gas stations, head shops, skateboard shops, and on the internet; and
  • Most routine drug screens will not detect the use of bath salts. (Though specialized drug screens will.)

The good news is, the Drug Enforcement Administration is considering scheduling them as a controlled substance under the Federal Controlled Substances Act.
The bad news? The NDIC expects that abuse will grow over time, and that manufacturers will adjust the chemical make-up of their products when needed to keep them legal.
Related Post:

 

"Beyond 'Scared Straight'" Program “Incoherent” According to Conflict Management Expert

juvenile-justice-reform_beyond-scared-straight-North-CarolinaThe premier episode of the new season of the controversial reality show, “Beyond Scared Straight,” adheres to the themes that made it A&E’s most watched show: a small group of at-risk youth spend the day in prison where they are yelled at, intimidated and humiliated by sheriff’s deputies and inmates alike. The screaming and threats of prison rape are followed by emotional conversations with the inmates as they describe to the teens where they went wrong and how the teens can avoid the same fate.

The episode features Mecklenburg County, N.C.’s “Reality Program,” created by Sheriff Daniel “Chipp” Bailey.
“Our Reality Program stresses education, not intimidation,” Bailey is quoted as saying on the program’s website.
According to the website, the mission of the program is to “provide the community with a program which will help educate young people about the long-term effects of participating in criminal activity.”
After watching the show, non-violent communication and conflict management expert Dr. Heather Pincock was baffled.
“There is no coherent approach in the diversion program,” Pincock said. “Most of the episode they [the deputies] were there to intimidate the youth or break the youth down or humiliate them. Then they suddenly start saying. ‘We’re your friends, we’re here to help you.’ There are very mixed messages around their role. It doesn’t make any sense.”

Positive Youth Development: Youth Lead Change in Chicago Schools

[About a month ago we published a post titled, School-to-Prison Pipeline: Chicago Youth Calling for a Dollars and Sense Policy, in which a guest columnist wrote about a group of Chicago high school students who had organized to protest against zero tolerance discipline policies. Their report, Failed Policies, Broken Futures: the True Cost of Zero Tolerance in Chicago, got a lot of attention in the media, including a story by NPR. --Ed.]
juvenile-justice-system_cover-of-failed-policies-broken-futures-reportVoices of Youth in Chicago Education (VOYCE) is a youth-led collaborative  made up of seven community organizations and eight high schools across the city of Chicago working to lower the dropout rate and increase college readiness in our schools. As youth leaders with Logan Square Neighborhood Association (one of the organizations involved in VOYCE), we want to share what being youth leaders in our school and community has meant to us. Being part of VOYCE has brought many changes in our lives, in our school, and in our community.
One question that adults sometimes ask is, “How do you get youth involved?” In our experience, there is a big difference between attending your first meeting and actually staying involved and becoming a youth leader. Many of us get involved because we are struggling in school and want to find a way to improve, or, simply because we have friends who are in VOYCE.
But we stay because we feel like we are a part of something important.

Poll: Drug Abuse a Top Health Concern for Kids (and More) -- News Roundup

  • Selecting and Implementing Evidence-Based Practices
    Treatment funding is being increasingly tied to outcomes, a trend expected to continue as the integration of behavioral health with primary care moves forward in the context of healthcare reform. Learn more from the Addiction Technology Transfer Center of New England about achieving desired client outcomes in part 2 of a 3-part series.
  • Poll: Drug Abuse Equals Childhood Obesity as Top Health Concern for Kids
    On Aug. 15th, the University of Michigan C.S. Mott Children’s Hospital released the results of its 5th annual national poll, in which Americans rated drug abuse and childhood obesity as the number one health concern for our nation’s youth. This is important news because it shows that drug abuse is now on the radar screens of people throughout the country and that Americans are very concerned about this issue. Community Anti-Drug Coalitions of America issues a statement in response. (Hat tip to Christa Myers.)

The U.K. Youth Riots - What Do Young People Think? (Roundup)

juvenile-justice-sytem_old-TVWhat did young people in the U.K. think about the recent riots in the U.K.?  Here's a few answers (one free registration required for most items):

  • Young people unite to air their views on riots
    "Young people turned out in their scores in central London as part of an event aimed at giving them the opportunity to air their views on the recent unrest and its causes."
  • Young people must be consulted on the causes of violence
    "Young people from areas affected by violence and looting have spoken out to condemn the riots and have called for more attention to be placed on young voices as the causes of the outbreaks begin to be examined." (No log-in required.)
  • Young people blame riots on "mindless vandalism"
    "This month's rioting was caused by "mindless vandalism" rather than cuts to youth services and inequality, according to a survey of young people."
  • U.K. Children's Minister Denies Link Between Riots and Youth Cuts
    He said "current reports estimate three-quarters of those charged in relation to the riots are over 18, and it would be wrong to condemn a whole generation of young people." He went on to say that, "Recent events highlight the importance of ensuring a 'positive for youth' mindset is promoted so young people get the credit they deserve for the good work they do," he said.

    In other words, instead of an "unfunded mandate," he's talking about an "unfunded mindset" for youth.

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