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Tribal Juvenile Wellness Courts Tribal Law & Policy Institute 5/11/2015 1.

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Presentation on theme: "Tribal Juvenile Wellness Courts Tribal Law & Policy Institute 5/11/2015 1."— Presentation transcript:

1 Tribal Juvenile Wellness Courts Tribal Law & Policy Institute 5/11/2015 1

2 History of Juvenile Drug Courts O War on drugs in 1980s strained justice systems nationwide & created revolving door of offenders in and out of system O Philosophical shift to courts that can heal O Innovative partnerships between courts and treatment O By 2000, more that 1,000 drug courts established and planned nationwide – most were for adults O By 2000, CDC reported increases in and alarmingly high rates of juvenile smoking, drinking, and other illicit drug use O Strong evidence of association between alcohol and drug use and delinquent behavior O Mid-1990’s state courts started innovative juvenile drug court dockets O Between 1995 and 2001, more than 140 juvenile drug courts established and more than 125 planned nationwide 5/11/2015 2

3 How a Juvenile Drug Court Works O Identified use of alcohol and/or drugs O Charged with “delinquent act” or “status offense” O Referral or ordered from Juvenile Court to Drug Court* O Drug Court Judge holds ~weekly Drug Court status hearings (attended by all participants, family members, & Drug Court Team members) O Drug Court Judges lead and work with Drug Court Team O Drug Court Team determines how best to address substance use and related problems (using a phased treatment plan and the application of incentives and sanctions –many administered in Drug Court status hearings) *Some jurisdictions may conflate the work of their juvenile court and drug court dockets into one 5/11/2015 3

4 Tribal Juvenile Court Process 5/11/2015 4

5 Tribal Juvenile Wellness Court Process 5/11/2015 5

6 How Juvenile Drug Courts Are Different From Adult Drug Courts O Youth are seldom addicted to alcohol and drugs but they use O Youth use for vastly different reasons than do adults O Youth are still developing cognitive, social, and emotional skills O Family members, peers, schools, and community relationships significantly influence development O Juvenile Drug Courts must shift focus from a single participant to the entire family O Youth are required to abide by laws specific to them (e.g., school attendance) O Juvenile Drug Courts will need to … O Develop motivational strategies specific to adolescents O Counteract negative influence of peers, gangs, and family members O Address the needs of the family O Comply with confidentiality requirements while sharing information O Respond to developmental challenges that occur while juveniles are under the court’s jurisdiction 5/11/2015 6

7 Sample Phased Treatment Plan 5/11/2015 7

8 Goal-Oriented Incentives & Sanctions (I&Ss) O Behavior modification strategies that promote each youth’s ability to account for his or her own actions O Judge plays central role in administering in presence of other youth & families O Successful I&S’s … O have a specific goal for their use (to motivate or deter what?) O are tailored to each individual youth (what will motivate or deter him or her?) O build youth competencies & skills O are appropriate for the youth’s developmental level and are graduated as the youth progresses O are therapeutically sound (not changes in treatment responses unless treatment provider recommends) 5/11/2015 8

9 Integrating Culture, Customs, & Traditions 5/11/2015 9

10 Planning & Launching A Juvenile Wellness Court O Engage in Collaborative Planning & Design O Identify Stakeholders O Identify KEY stakeholders and include them in all process development O Empower Individual Team Members O Ensure that each individual feels empowered to participate in the process and has an active voice in development, process, and problem-solving strategies O Build Bridges Across Agencies O Build trust between agencies – emphasize common goals O Be willing to share strengths and be willing to compromise and to adjust traditional strategies 5/11/

11 Composition of the Planning Team O Include representatives of all tribal and local community- based agencies that can provide support or that will be affected O Judge O Court Administrator O Prosecutor or Presenting Officer O Public Defender or Defense Counsel/Advocate O Evaluator and/or MIS Specialist O Probation Representatives O School Representatives O Social Services Representatives O Law Enforcement Representatives O Treatment Providers’ Representatives O Representatives from other Community-based Organizations 5/11/

12 Composition of the Operational Team O Select team members who will work in the juvenile wellness court on a daily basis O Wellness Court Judge O Assigned Prosecutor or Presenting Officer O Assigned Public Defender or Private Attorney/Advocate O Wellness Court Coordinator O Wellness Probation Officer O Wellness Case Manager O Wellness Treatment Provider O Assigned Law Enforcement Officer O Assigned Education Program Provider 5/11/

13 Funding Sources for Tribal Juvenile Wellness Courts O USDOJ, OJP, BJA – Adult Drug Court Discretionary Grant Program O USDOJ, OJP, OJJDP – Juvenile Drug Courts/Reclaiming Futures Discretionary Grant Program O USDOJ, OJP, ODDJP – Family Drug Court Programs Discretionary Grant Program O DHHS, SAMHSA, Grants to Expand Substance Abuse Treatment Capacity in Adult, Juvenile, and Family Drug Courts Discretionary Grant Program O USDOJ, Coordinated Tribal Assistance Solicitation 5/11/

14 16 Strategies of Successful Juvenile Wellness Courts* (used in addition to “Key Components” for Juvenile Drug Courts) 1. Collaborative Planning 2. Teamwork 3. Clearly Defined Target Population & Eligibility Criteria 4. Judicial Involvement & Supervision 5. Monitoring & Evaluation 6. Community Partnership 7. Comprehensive Treatment Planning 8. Developmentally Appropriate Services 9. Gender-Appropriate Services 10. Cultural Competence 11. Focus on Strengths 12. Family Engagement 13. Educational Linkages 14. Drug Testing 15. Goal-Oriented Incentives & Sanctions 16. Confidentiality *Taken from “Juvenile Drug Courts: Strategies in Practice,” US DOJ BJA publication, NCJ (March 2003) 5/11/

15 Resources O Tribal Healing to Wellness Courts: The Key Components, Tribal Law & Policy Institute, O Exploring the Evidence: The Value of Juvenile Drug Courts, Wormer & Lutze, Juvenile Justice & Family Justice Today, Summer 2011 O Juvenile Drug Courts: Strategies in Practice, Bureau of Justice Assistance, NCJ O Managing and Sustaining Your Juvenile Drug Court, OJJDP, National Council of Juvenile and Family Court Judges O Ensuring Fidelity to the Juvenile Drug Courts Strategies in Practice – A Program Component Scale, OJJDP, National Council of Juvenile and Family Court Judges O Identifying Strengths as Fuel for Change: A Conceptual and Theoretical Framework for the Youth Competency Assessment, Burney-Nissen, Mackin, Weller, & Tarte, Juvenile and Family Court Journal, Winter /11/


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