Exploring the Impacts of Racial Disparity Within the American Juvenile Justice System

The racial disparity in the American juvenile justice system impacts the lives of many youth of color. Youth of color constitute 34% of the U.S. population, however, they make up 62% of the youth charged in the juvenile justice system. The cycle of racial inequality and imprisonment are factors influenced by residential segregation and policing practices. Juvenile justice involvement leads to poorer physical and mental health in youth, stymied social outcomes, poorer familial relationships, decreased graduation and employment rates, increased rates in violence, and long-term negative future outcomes. The article advocates for mental health treatment and family services to be incorporated within incarcerated settings. Clinical strategies and future direction are discussed to begin to combat these various adverse impacts.     

THE AMERICAN BAR ASSOCIATION ADDRESSES THE NATIONAL PROBLEM OF YOUTH AT RISK

During the 2006–2007 American Bar Association (ABA) year, a special ABA Presidential Youth at Risk Initiative has addressed several important topics: addressing the needs of juvenile status offenders and their families; foster children aging out of the foster care system; increases in girls, especially girls of color, in the juvenile justice system; the need to better hear the voices of youth in court proceedings affecting them; and improving how laws can better address youth crossing over between juvenile justice and child welfare systems. Lawyers are encouraged to use their skills to improve the systems addressing at‐risk youth and their families and to help facilitate coordination of youth‐related community efforts. Learning how to effectively communicate with youth is an important skill attorneys must learn. Through the Youth at Risk Initiative, the ABA has held continuing legal education programs, hosted community roundtables among youth‐serving stakeholders, and developed projects on: juvenile status offenders; lawyer assistance to youth transitioning from foster care; educating young girls on violence prevention, conflict resolution, and careers in law and justice; and provision of useful information to youth awaiting juvenile court hearings. New ABA policy has addressed services and programs to at‐risk youth, assuring licensing, regulation, and monitoring of residential facilities serving at‐risk youth, enhanced support for sexual minority foster and homeless youth, juvenile status offenders, and improving laws and policies related to youth exiting the foster care system.     

Mental health,substance use,and offending patterns among Native American youth in juvenile detention

Research has shown that youthful offenders in the juvenile justice system report an array of substance use and emotional and other mental health needs. The current study closely examined these issues in a large national sample (n = 539) of Native American youth drawn from the Survey of Youth in Residential Placement. Results demonstrated that frequent substance use was associated with the likelihood of being detained for a drug offense, while emotional and mental health needs were associated with detention for the most serious offenses. These results highlight the need for comprehensive substance use and other mental health assessments for Native American youth in the juvenile justice system.     

How Collaborative the Collaboration? Assessing Interagency Collaboration within a Juvenile Court Diversion Program

Juvenile delinquency with co‐occurring substance abuse and mental health disorders has become an increasing problem within the United States. In part this can be attributed to the excessive number of delinquent youth entering the juvenile justice system with untreated substance abuse and/or mental health disorders. In an effort to combat this problem, interagency collaborations have been formed to provide more effective treatment services. One such interagency collaboration is the JETS Program. This study identifies the strengths and limitations of establishing an interagency collaboration within the first year of a juvenile treatment court's inception.     

Mental Health Services for Incarcerated Youth: Report from a Statewide Survey

The need for mental health care has been steadily increasing for youth coming into contact with the juvenile probation system. This paper presents the results of a statewide survey of juvenile probation departments and associated mental health, health care, court, and education personnel in California. The intent of the survey was to better understand the costs and associated contexts of caring for youth with suspected mental disorders in juvenile detention facilities. The burden of caring for these youth on detention facilities and their staffs is substantial. Implications for courts, policy planning, training, and further research are discussed.     

Youth Mental Health First-Aid: Juvenile Justice Staff Training to Assist Youth with Mental Health Concerns

Many youth in juvenile justice settings meet criteria for a mental health condition. Front line staff need to be able to recognize and respond to their needs, but training is often lacking. Youth Mental Health First Aid (YMHFA) is an 8-hour training for adults without mental health education to recognize and assist distressed youth. This study surveyed 1,279 [State blinded] DJS front-line staff trained in YMHFA. Of 338 returned surveys (26% response), 44% reported using YMHFA skills at work, 56% in preventing a crisis, 25% during crises. Respondents rated YMHFA as significantly improving their responsiveness to distressed young people.     

Evidence-based practice in group work with incarcerated youth

As a result of the Youth Criminal Justice Act's increased focus on restorative justice, treatment, rehabilitation, and reintegration of youth, many more juvenile offenders require mental health services while resident in youth detention facilities [Youth Criminal Justice Act (2002, c.1). Ottawa: Department of Justice Canada. Retrieved September 19, 2008 from http://laws.justice.gc.ca/en/Y-1.5]. Several common characteristics such as violence, aggression, and other antisocial behaviors, associated with criminal behavior, have been identified among male and female offenders. Dialectical behavior therapy, originally developed by Linehan [Linehan, M. M., 1993a. Cognitive–behavioural treatment of borderline personality disorder. New York: Guildford Press] for chronically parasuicidal women diagnosed with borderline personality disorder, has been successfully modified for use with other populations, including violent and impulse-oriented male and female adolescents residing in correctional facilities. The intent of this article is to encourage the wider use of dialectical behavior therapy (DBT) with young offenders. It includes an extensive review of the evidence-base to date and describes some of the creative modifications that have been made to standard DBT program format to meet the particular needs of various groups in both Canada and the United States. In keeping with the movement toward more evidence-based practice, the authors argue that DBT is a promising approach in group work with incarcerated adolescents and should be more widely used.     

WHEN IT HAPPENS IN A FAMILY: AIDING PARENTS OF SUBSTANCE‐ABUSING ADOLESCENTS*

This article first summarizes key data on the scope of teen substance abuse and the lack of teen access to needed treatment services. It then describes how and why attorneys may be helpful to parents who discover their teen's drug or alcohol problem and seek advice and counsel about the legal implications of various actions that can or may be taken. The article explores such issues as parents finding illegal drugs in the house or on their teen's person, various modalities of treatment and how family members are involved, how parents might secure residential evaluations for their youth without the necessity of juvenile court involvement (and why this is important), concerns about placing youth in unlicensed residential treatment facilities, health insurance coverage issues, home drug testing, and how past American Bar Association (ABA) policy on youth drug and alcohol abuse is being followed up with a new ABA project to aid parents of substance‐abusing teenagers and their families.     

Juvenile Mental Health Court: Rationale and Protocols

Under the sponsorship of the judiciary, the Santa Clara County, California Juvenile Court, in partnership with the Juvenile Mental Health Department and a technical assistance agency (SOLOMON), has pioneered a Juvenile Mental Health Court for seriously mentally ill children who have become involved in the criminal justice system. The judiciary, probation department, district attorney, public defender, county counsel, and service providers have collectively embarked upon the implementation of a modern approach to mental health diagnosis, triage, and treatment services for youth and families who come in contact with the justice system as a result of the combination of serious mental illness and juvenile delinquency. This article presents the court's rationale and protocols.     

Screening the Mental Health Needs of Youths in Juvenile Detention

There is an increasing number of juveniles coming into the justice system with a variety of mental health and substance abuse concerns. While the actual number of youths with mental health disorders in the juvenile justice system has been difficult to determine, it is estimated to be substantially higher than it is for youths in the general population. In addition, researchers have estimated that a high number of these juveniles experience co‐morbid mental health disorders. The purpose of this study was to examine the number of youths who present symptoms of a mental health disorder at intake into a juvenile detention center in the Midwest. Two hundred‐four youths were assessed with the Massachusetts Youth Screening Instrument‐Second Version (MAYSI‐2; Grisso & Barnum, 2000), a mental health screening instrument. At least 68% of the youths identified symptoms of a mental health disorder at intake. Given the significant number of youths who identified symptoms of a mental health disorder at intake into detention, the need to provide mental health services for juvenile detainees should not be ignored.     

Holistic Representation: A Randomized Pilot Study of Wraparound Services for First‐Time Juvenile Offenders to Improve Functioning,Decrease Motions for Review,and Lower Recidivism

Mental health diagnoses, substance abuse issues, and school problems are often cited as contributors to adolescents’ involvement with the juvenile justice system. Yet, few youth receive assessment, evaluation, or intervention prior to their involvement with the juvenile courts. This pilot study evaluated whether providing a randomized trial of wraparound forensic social work services in addition to court‐appointed legal services would improve functioning, decrease motions for review, and lower recidivism for first‐time juvenile offenders. Findings indicate statistically significant improvement for youth receiving wraparound services on six out of eight measures. A case study example is provided and implications for service provision are explored.     

Reducing out-of-community placement and recidivism: diversion of delinquent youth with mental health and substance use problems from the justice system

For a number of reasons, researchers and policy makers are now focusing on diversion of youth from the juvenile justice system. This study examines New York State's diversion efforts focused on youth with mental health and substance abuse problems who are at risk of out-of-community placement (N = 2,309). Twelve counties participated in the Mental Health Juvenile Justice (MH/JJ) Diversion Project. Overall, the initiative was successful in reducing out-of-community placement and recidivism for diverted youth. In regression analysis site, services received, and problem-profile variables were important predictors of out-of-community placement. Prior record, prior placement, and significant mental health problems were statistically significant predictors of recidivism. This suggests some contrasts in explaining the results of two important goals of the MH/JJ project. Study results and implications for future research and intervention are discussed.     

ADOLESCENT DRUG USERS: THE JUSTICE SYSTEM IS MISSING AN IMPORTANT OPPORTUNITY

A significant number of youth and young adults who use drugs have fallen through the cracks of our juvenile and adult justice systems in terms of receiving any meaningful services. The situation is due to a number of factors, including the reliance on adolescent self reporting utilized by most of the research, the failure of justice and other systems to routinely assess youth for either current drug use or indicia of drug use (e.g., "resiliency" or "protective" factors), and confidentiality and other restrictions pertaining to access to juvenile justice system information. Yet, retrospective reviews of drug use patterns for adults in the criminal justice system make it clear that drug use is beginning for most of these offenders during adolescence or before. This article urges (1) juvenile courts to develop mechanisms for systematically screening youth who come into the system for drug use and/or propensities for drug use and (2) adult courts to embark on similar strategies and to develop adolescent tracks that would be geared to providing the services these youth (despite their chronological age) need and would otherwise not receive in the adult system.     

The Impact of Time on Parent Perspectives on the Barriers to Services and the Service Needs of Youths in the Juvenile Justice System

The purposes of this study were: 1) to assess the overall perspectives of parents (N=115) of youths in the juvenile justice system on the barriers to and services needs of youths in the juvenile justice system; and 2) to assess the strength of the relationship between duration of time the youth has been involved in the juvenile justice system and parent perceptions of barriers and service needs. The top service need was case management. Statistically significant moderate negative correlations were found between duration of time in the juvenile justice system and Total Barrier score, and all composite barrier scores (i.e., Mismatch, Red Tape, and Inaccessibility). Statistically significant small negative correlations were found between duration of time in the juvenile justice system and the Total Service Needs score and two composite scores: Substance Abuse Services and Out‐of‐Home Services.     

Responding to ADHD youth in the juvenile justice system

Juvenile justice professionals are increasingly faced with the task of understanding the role of psychiatric disorders in contributing to the behavior of juvenile offenders. Attention-Deficit Hyperactivity Disorder (ADHD) is one such disorder that presents at a rate well beyond chance levels in youth in the juvenile justice system. This article provides an overview of the current symptom profile, diagnosis, cause and risk factors for ADHD. The interface of the juvenile justice system and youth with ADHD is described in all aspects beginning with detention through adjudication and disposition.     

Behind the Walls and Beyond: Restorative Justice,Instrumental Communities,and Effective Residential Treatment

Although restorative justice principles and practice have been applied extensively in community‐based juvenile justice settings, implementation in residential treatment facilities has been far less common. We describe recent experimentation and possibilities for broader application to disciplinary infractions, the response to harm and crime, promoting community and citizen input, “community building” for conflict resolution skill development and changing the culture of facilities, and reentry. We conceptualize three “communities” as most relevant to addressing needs of incarcerated youths, their victims, and support groups, and then discuss theoretical frameworks and empirical research supportive of restorative practice in this context. Challenges to implementation of restorative practice, compatibility with other treatment and disciplinary agendas, and concerns about preserving the integrity of the model are also considered.     

Diversion in youth justice: a pilot study of effects on self-reported mental health problems

As part of a larger study to evaluate the effects of a Liaison and Diversion scheme in community youth justice services, staff of newly established Youth Justice Liaison and Diversion (YJLD) teams undertook observational ratings and administered self-report mental health and risk measures to young people referred to this pathway. The overall objectives of the YJLD project were to divert young people from the criminal justice system and to coordinate other services in order to reduce their likelihood of reoffending and the extent of their mental health problems. Data were collected from five local authority areas in different parts of England. Young people thereby referred had an average of 5.4 h of contact with youth justice staff. For a sample of young people on whom data were available at the beginning and end of that process, there was evidence of a significant reduction in problems and a small but significant correlation between the amount of individual contact time with YJLD staff and the extent of change observed. Absence of a comparison sample limits the drawing of firm conclusions; however, recommendations are made for future controlled experimental studies.     

The King County (Washington) Systems Integration Initiative: A First Look at the Kent District Dual System Youth Pilot Program

King County is one of five counties in Washington State participating in the John D. and Catherine T. MacArthur Foundation's Models for Change juvenile justice reform initiative. One key aspect of King County's Models for Change participation involves ongoing “systems integration” work intended to improve how youth who have cross‐over involvement in multiple systems—e.g., juvenile justice, child welfare, education, mental health, and/or others—are handled. These cross‐over cases often present a range of challenges to juvenile courts including substantial risk factors that increase their likelihood of continuing system involvement. This article provides a first look at an emerging pilot project in King County that is intended to improve how cross‐over cases are handled by child welfare and juvenile probation with the longer term goal of improving outcomes for these difficult cases.     

Health Status of Incarcerated Adolescents: Implications for Juvenile Justice Decision Making

Adolescents arriving in detention often bring with them significant medical, dental, and psychological problems. These issues have important implications for courts that must decide the best disposition for offending youths. Appropriate treatment benefits the individual by enhancing his/her well‐being and improving his/her chances of successful rehabilitation. Society also benefits by avoiding the higher cost of caring for neglected conditions later in life. A comprehensive health care program for detention facilities involves establishing standardized procedures that address both common adolescent problems plus those more peculiar to detainees. Health care professionals working in a correctional setting have unique duties such as clearing youths for boot camp, monitoring injuries, dealing with resistant patients, monitoring for safe activities, and planning aftercare for youths who may face impediments to accessing care such as poor motivation and poverty. Research concerning issues specific to the needs of incarcerated youths remains infrequent and should be undertaken by health care providers. This article provides an overview of medical issues confronting juvenile offenders that should be considered when a juvenile becomes involved in the juvenile justice system.     

A Qualitative Examination of the Self-Medicating Hypothesis Among Female Juvenile Offenders

Substance misuse among criminally delinquent youth has typically been described as a concurrent part of their participation in risky and delinquent behavior. Using Khantzian’s self-medication hypothesis, this article presents an alternative view by presenting qualitative data which suggests that substance misuse for female juvenile offenders may serve as self-medication for mental health problems stemming from early trauma, often at the hands of their families. Based on the narratives of 30 female juvenile offenders, this article examines the lived experiences of girls with childhood trauma and substance misuse, followed by arrest and incarceration. The paper concludes with recommendations for juvenile justice and child welfare practitioners.