Making Court the Last Resort - Center for Children's Advocacy

Making Court the Last Resort - Center for Children's Advocacy Making Court the Last Resort - Center for Children's Advocacy

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Legislation, Investment, and ResearchBuilding Effective Responses for Connecticut’s FamiliesUntil 2007, Connecticut’s courts were the state’s primary response to statusoffenders —referred to in Connecticut as Families with Service Needs (FWSN). In fiscalyear 2006-2007, Connecticut’s judicial branch received more than 4,000 FWSNreferrals. 11 Yet there were virtually no community-based resources targeted to respondto these youth and families. Once petitioned to court, many youth were incarceratedin the state’s detention centers because they did not strictly follow the judge-mandatedrules relating to their behavior— not because they committed a criminal offense. 12 KimSokoloff, a program manager at the Court Support Services Division of the judicial branch,describes this system as one that “held a stick over young people’s heads, instead of acarrot. It was based on the delinquency system, and focused mainly on criminogenic risk.”Note from the DirectorWhen I arrived at the Vera Institute in2002, one of my first projects was toprovide technical assistance to New Yorkcounties seeking to improve local servicesfor status offenders— youth who cometo the authorities’ attention not becausethey broke the law, but because of theirage. We call them Persons In Need ofSupervision (PINS) in New York. The statehad just passed legislation raising theage of PINS jurisdiction from 16 to 18,and counties were concerned about theircapacity to handle the projected influx ofnew cases (and the costs associatedwith them).As we began the work and lookedunder the hood at the status offenderprocess in our first group of client sites,we saw systems thatwere substantiallybroken: families incrisis looking to thePINS system for helpoften waited weeks before receiving anassessment or service referrals, and youngpeople were routinely being referred tofamily courts that were ill-equipped tohelp them and their families. Courts facedwith a non-compliant adolescent had fewoptions other than to take the youth out ofthe home. Non-secure detention facilitieswere bursting at the seams with statusoffenders, and officials were spendingmillions on out-of-home placements.Over three years, the Institute helped23 counties develop improved programs9

and services for status offenders. Theseincluded new strategies grounded inimmediate crisis response, individualizedservice plans, and a commitment torelying on the family court only as a lastresort. The more we learned, the morewe realized that New York’s experiencewas not unique. In 2004 we documentedthe growing momentum behind PINSreform in our report Changing the StatusQuo for Status Offenders: New York State’sEfforts to Help Troubled Teens. Afterit was published, we received inquiriesand requests to speak from jurisdictionsaround the nation that were struggling withsimilar challenges and wanted to do morefor young people in their communities.Today, looking back, I see a profoundlydifferent policy landscape for statusoffenders, both in New York and nationally.More and more leaders recognize theurgency of this issue and are taking stepsto improve services and systems fortruants, runways, and youth who act outbut are not committing crimes. There areemerging service models, robust reformdialogues, and outcomes that demonstrateyoung people do better when offeredimmediate crisis services instead ofjuvenile court. With nearly seven years ofperspective, it is now time to documentthis reform movement and, with awe,appreciate this important policy shift andnew paradigm for best practice.—Sara MogulescuDirector, Center on Youth JusticeTo make matters worse, historically, morethan half of the young people involvedin the FWSN system were charged withdelinquency offenses down the road. 13To reform this system, the statelegislatively overhauled its approachto serving status offenders and theirfamilies. First, in 2005, the legislatureprohibited judges from using securedetention in FWSN cases. 14 This statutorychange acknowledged the importanceof supporting therapeutic programs inthe community rather than dependingon detention to address FWSN needs.The effective date of this change waspostponed until October 1, 2007, to allowstakeholders to plan and implement analternative paradigm. Accordingly,in 2006, the legislature established theFWSN Advisory Board and charged itwith monitoring progress toward thedevelopment of system changes for statusoffenders and issuing recommendationsfor reform.With guidance from the FWSNAdvisory Board, the legislature passeda second series of reforms in 2007. 15 Thelegislature mandated that every childwho is referred to the juvenile court fora status offense be diverted in the firstinstance. After a brief screening of theFWSN referral by a probation supervisor,children who are currently in crisis ordeemed high need are referred to FamilySupport Centers (FSC) immediately. 16 Otherchildren who appear to have lower-levelneeds are referred to a local youth service10 Making Court the Last Resort: A New Focus for Supporting Families in Crisis

and services <strong>for</strong> status offenders. Theseincluded new strategies grounded inimmediate crisis response, individualizedservice plans, and a commitment torelying on <strong>the</strong> family court only as a lastresort. The more we learned, <strong>the</strong> morewe realized that New York’s experiencewas not unique. In 2004 we documented<strong>the</strong> growing momentum behind PINSre<strong>for</strong>m in our report Changing <strong>the</strong> StatusQuo <strong>for</strong> Status Offenders: New York State’sEf<strong>for</strong>ts to Help Troubled Teens. Afterit was published, we received inquiriesand requests to speak from jurisdictionsaround <strong>the</strong> nation that were struggling withsimilar challenges and wanted to do more<strong>for</strong> young people in <strong>the</strong>ir communities.Today, looking back, I see a profoundlydifferent policy landscape <strong>for</strong> statusoffenders, both in New York and nationally.More and more leaders recognize <strong>the</strong>urgency of this issue and are taking stepsto improve services and systems <strong>for</strong>truants, runways, and youth who act outbut are not committing crimes. There areemerging service models, robust re<strong>for</strong>mdialogues, and outcomes that demonstrateyoung people do better when offeredimmediate crisis services instead ofjuvenile court. With nearly seven years ofperspective, it is now time to documentthis re<strong>for</strong>m movement and, with awe,appreciate this important policy shift andnew paradigm <strong>for</strong> best practice.—Sara MogulescuDirector, <strong>Center</strong> on Youth JusticeTo make matters worse, historically, morethan half of <strong>the</strong> young people involvedin <strong>the</strong> FWSN system were charged withdelinquency offenses down <strong>the</strong> road. 13To re<strong>for</strong>m this system, <strong>the</strong> statelegislatively overhauled its approachto serving status offenders and <strong>the</strong>irfamilies. First, in 2005, <strong>the</strong> legislatureprohibited judges from using securedetention in FWSN cases. 14 This statutorychange acknowledged <strong>the</strong> importanceof supporting <strong>the</strong>rapeutic programs in<strong>the</strong> community ra<strong>the</strong>r than dependingon detention to address FWSN needs.The effective date of this change waspostponed until October 1, 2007, to allowstakeholders to plan and implement analternative paradigm. Accordingly,in 2006, <strong>the</strong> legislature established <strong>the</strong>FWSN Advisory Board and charged itwith monitoring progress toward <strong>the</strong>development of system changes <strong>for</strong> statusoffenders and issuing recommendations<strong>for</strong> re<strong>for</strong>m.With guidance from <strong>the</strong> FWSNAdvisory Board, <strong>the</strong> legislature passeda second series of re<strong>for</strong>ms in 2007. 15 Thelegislature mandated that every childwho is referred to <strong>the</strong> juvenile court <strong>for</strong>a status offense be diverted in <strong>the</strong> firstinstance. After a brief screening of <strong>the</strong>FWSN referral by a probation supervisor,children who are currently in crisis ordeemed high need are referred to FamilySupport <strong>Center</strong>s (FSC) immediately. 16 O<strong>the</strong>rchildren who appear to have lower-levelneeds are referred to a local youth service10 <strong>Making</strong> <strong>Court</strong> <strong>the</strong> <strong>Last</strong> <strong>Resort</strong>: A New Focus <strong>for</strong> Supporting Families in Crisis

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