Desktop Guide to Good Juvenile Detention Practice.
Series: OJJDP
Published: October 1996
471 pages
975,975 bytes

Desktop Guide to Good Juvenile Detention Practice

Research Report

David W. Roush, Ph.D.
National Juvenile Detention Association 
Center for Research and Professional Development
Michigan State University

with the assistance of numerous juvenile justice
and detention services professionals from across
the United States

Shay Bilchik, Administrator
Office of Juvenile Justice and Delinquency
Prevention

October 1996

The National Juvenile Detention Association
Executive Committee:
Wayne R. Liddell, President
Thomas K. Stokes, President-Elect
Anne M. Nelsen, 1st Vice President
Barbara C. Dooley, Ph.D., 2nd Vice President
Dana A. Menard, Secretary-Treasurer
Steven P. Kossman, Immediate Past President
Earl L. Dunlap, Executive Director

National Juvenile Detention Association
Earl L. Dunlap, Executive Director
Executive Office
Eastern Kentucky University
301 Perkins Building
Richmond, KY 40475-3127
(606) 622-6259
Fax (606) 622-2333

National Juvenile Detention Association 
Center for Research and Professional Development
Michigan State University
130 Baker Hall
East Lansing, MI 48824-1118
(517) 432-1242
Fax (517) 432-1787

The National Juvenile Detention Association would
like to express its appreciation to D. Elen Grigg,
Project Monitor, for her support and guidance on
this and other JJPIP products.

This document was prepared by the National Juvenile
Detention Association under grant #92-JN-CX-0006
from the Office of Juvenile Justice and Delinquency
Prevention, Office of Justice Programs, U.S.
Department of Justice. 

Points of view or opinions stated in this document
are those of the authors and do not necessarily
represent the official position or policies of the
U.S. Department of Justice.

The Office of Juvenile Justice and Delinquency
Prevention is a component of the Office of Justice
Programs, which also includes the Bureau of Justice
Assistance, the Bureau of Justice Statistics, the
National Institute of Justice, and the Office for
Victims of Crime. 

National Juvenile Detention Association
Practitioner Network

Juvenile Justice Personnel Improvement Project

Volunteer Network

Janet S. Abee
Volusia Regional Juvenile Department
3840 Old Deland Road
Daytona Beach, FL 32124

Linda Albrecht
JJPDT
R.R. 1, Box 195 Carrs Cove
Union Springs, NY 13160

Charles Baker, M.D.
Los Angeles Juvenile Court Health Services
1925 Daly Street, First Floor
Los Angeles, CA 90031

Marta Flora Balleste
Nueces County Juvenile Department
2310 Gollihar Road
Corpus Christi, TX 78415

Ronald F. Bates
Boys' Village of Maryland
11001 Frank Tippett Road
Cheltenham, MD 20623

James R. Bell, J.D.
Youth Law Center
114 Sansome Street, Suite 950
San Francisco, CA 94104-3820

Gary Bennett
Chamberlain Academy
P.O. Box 367
Chamberlain, SD 57325

Gretha Bennett
Calhoun County Juvenile Home
14555 18 1/2 Mile Road
Marshall, MI 49068

Jeffry D. Bishop, Ph.D.
Elmira Psychiatric Center
100 Washington Street
Elmira, NY 14902-1527

Kirk M. Blackwood
Calhoun County Juvenile Home
14555 181/2 Mile Road
Marshall, MI 49068

Judith L. Blair
New York State Division for Youth
52 Washington Street
Rensselaer, NY 12144

Dorman Borders
Maurice Spear Campus
2910 Airport Road
Adrian, MI 49221

Steve Bowker
Madison County Probation & Court Services
100 West Fifth Avenue
Edwardsville, IL 62025

Jerome Brimmage
Smith County Juvenile Services
100 East Berta
Tyler, TX 75703

Catherine Brooks-West
Help Parenting Education
354 North 27th Street
Battle Creek, MI 49015

Melvin Brown, Jr., Ph.D.
Montgomery County Department of 
Community Supervision and Corrections
200 Academy Drive
Conroe, TX 77301

Ralph S. Brownlee
Cumberland County Juvenile Detention
R.R. #2, Box 28, Cumberland Road
Bridgeton, NJ 08302-9998

George Buhite
McLaughlin Youth Services
2600 Providence Center
Anchorage, AK 99508

William F. Burke, III
Rappahannock Juvenile Center
400 Bragg Hill Drive
Fredericksburg, VA 22401

Warren C. Cabaniss
Mecklenburg County Juvenile Detention
11700 Verhoeff Drive
Huntersville, NC 28078

Leticia Castillo
Moore County Detention Center
810 South Dumas, Room 218
Dumas, TX 79029

Arthur Cavara
Hennepin County Juvenile Detention
510 Park Avenue South
Minneapolis, MN 55415

Henry R. Cellini, Ph.D.
Training and Research Institute
8200 Montgomery NE., Suite 227
Albuquerque, NM 87109

Joseph T. Christy, Ph.D.
Washington County Juvenile Court
232 West Northeast Lincoln
Hillsboro, OR 97124

Barbara A. Collins
ETR Associates
P.O. Box 1830 
Santa Cruz, CA 91830

Stephen P. Coulman
Woodside Juvenile Rehabilitation Center
26 Woodside Drive East
Colchester, VT 05446

Jeff Cousineau
Calhoun County Juvenile Home
14555 181/2 Mile Road
Marshall, MI 49068

John E. Criswell
Department of Health and Rehabilitative Services
1317 Winewood Boulevard
Tallahassee, FL 32399-0700

Linda Crouse
Jefferson County Youth Center
720 West Jefferson Street
Louisville, KY 40202

Michael J. Dale, J.D.
Nova University 
3100 SW. Ninth Avenue
Fort Lauderdale, FL 33315

William S. Davidson II, Ph.D.
Department of Psychology
Michigan State University
East Lansing, MI 48824

James H. Davis
Madison County Juvenile Court
817 Cook Avenue
Huntsville, AL 35801

Therese M. De Fazio
Shuman Juvenile Detention Center
7150 Highland Drive
Pittsburgh, PA 15206

Joseph De James
Department of Correction
CN 863
Trenton, NJ 08625

Donald De Vore
Montgomery County Youth Center
540 Port Indian Road
Norristown, PA 19403-3502

Paul Donnelly
Texas Juvenile Probation Commission
P.O. Box 13547
Austin, TX 78711

Barbara C. Dooley, Ph.D.
Madison County Juvenile Court Services
224 Lexington Avenue
Jackson, TN 38301-5499

Jesse Doyle
Cook County Juvenile Temporary Detention Center
1100 South Hamilton Avenue
Chicago, IL 60612

Steve Emerson
Bureau of Juvenile Justice
450 West State Street
Boise, ID 83720-5450

Malcolm Evans
Provo Youth Center
1955 South Dakota Lane
Provo, UT 84601

Randall Everett
Regional Juvenile Center
208 North College
Fayetteville, AR 72701

Jana Ewing, Ph.D.
King County Department of Youth Services
1211 East Alder Street
Seattle, WA 98122

Deanna L. Fields
Pasco Regional Juvenile Detention
9910 State Road 52
San Antonio, FL 33576

Kurt C. Friedenauer
Youth Services Center
P.O. Box 40
St. Anthony, ID 83445-0040

Richard Friz
Department of Social Services
235 South Grand Avenue 
Lansing, MI 48909

Richard J. Gable
National Center for Juvenile Justice
701 Forbes Avenue
Pittsburgh, PA 15219

John A. Gaines IV
Goodhope Youth Home
4010 McIntyre Road
Trumansburg, NY 14886

Roberto C. Garcia, Jr.
Cameron County Juvenile Probation
854 East Harrison Street
Brownsville, TX 78520

Janice Gardener
Broward Regional Juvenile Detention
222 NW. 22d Avenue
Fort Lauderdale, FL 33311

Roberto Garza
Hidalgo County Juvenile Center
P.O. Box 267
Edinburg, TX 78539

Daniel R. Gentner
Monroe County Youth Center
3600 South Custer
Monroe, MI 48161

Patrick Graves
Tom Green County Juvenile Detention
1253 West 19th Street
San Angelo, TX 76903

John J. Greene III
American Correctional Association
8025 Laurel Lakes Court
Laurel, MD 20707-5075

Ed Greivel
Gilliam Youth Services Center
2844 Downing Street
Denver, CO 80205

Nelson G. Griffis
School of Social Work
Ohio State University
Columbus, OH 43210

Rayetta Grimm
Dora Lee Tate Youth Center
601 Infirmary Road
Dayton, OH 45427

John Harvey
Madison County Community Mental Health
118 Hillsboro Avenue
Edwardsville, IL 62021

Eugenia "Jeannie" Haynes
Bell County Juvenile Probation
119 North Pearl
Belton, TX 76513

Ginger Heglar
Volunteer Development Service
101 Blair Drive
Raleigh, NC 27603

James H. Heisner
Bay Regional Juvenile Detention Center
450 East 11th Street
Panama City, FL 32401

Jon R. Hill
Attention Center for Youth
2220 South 10th Street
Lincoln, NE 68502

Vince Hoffman, Ph.D.
School of Criminal Justice
Michigan State University
East Lansing, MI 48824

Thomas R. Hughes, Ph.D.
Center for Legal Studies
University of Illinois at Springfield 
Springfield, IL 62794

James M. Jordon
901 South Ashland Avenue
Apt. 208A
Chicago, IL 60607

Charles J. Kehoe
Department of Children, Youth and Families
P.O. Box 1110
Richmond, VA 23208-1110

Richard Kelley
Wood Youth Center
2929 Wells Street
Fort Wayne, IN 46808

Roger Kelly
Samaritan Shelters, Inc.
539 River Road
Glenmony, NY 12077

Susan Kerns
Indiana Juvenile Justice Task Force
302 West Washington Street
Indianapolis, IN 46204

Daniel B. Kieffer
Muskingum County Juvenile Center
333 Putnam Avenue
Zanesville, OH 43701-4999

Jane Anderson King
Youth Center of the High Plains
4111 South Georgia
Amarillo, TX 79109

David Konefal
New Haven Juvenile Detention
239 Whalley Avenue
New Haven, CT 06511

Frank J. Kopecky, J.D.
Center for Legal Studies
University of Illinois at Springfield
Springfield, IL 62794

Steven P. Kossman
McLean County Juvenile Detention Center
903 North Main
Normal, IL 61761

Carolyn Lasley
Jefferson County Youth Center
720 West Jefferson Street
Louisville, KY 40202

Lenora Lee
Calhoun County Juvenile Home
14555 181/2 Mile Road
Marshall, MI 49068

Al Lick
Division of Juvenile Services
P.O. Box 1898
Bismarck, ND 58502-1898

Wayne Liddell
Berrien County Juvenile Center
6414 Deans Hill Road
Berrien Center, MI 49102

James Longhurst, Ed.D.
Director of Clinical Services
Starr Commonwealth Schools
Albion, MI 49224

Edward J. Loughran
Robert F. Kennedy Memorial
286 Congress Street, Sixth Floor
Boston, MA 02210

Sheila Lumley
Polk County Detention Center
1548 Hull Avenue
Des Moines, IA 50316

Harry J. Marek
Guadalupe County Juvenile Probation
310 Ih10 West
Seguin, TX 78155

Damon K. Marquis
National Commission on Correctional Health Care
2105 North Southport, Suite 200
Chicago, IL 60614-4017

Terry J. Martinek
Berrien County Juvenile Center
6414 Deans Hill Road
Berrien Center, MI 49102

Orlando L. Martinez
7713 South Pontiac Court
Englewood, CO 80112

Ken Mays, Jr.
Bill Logue Juvenile Justice
1200 Clifton
Waco, TX 76705

Warren McKinney
Allegan County Juvenile Court
2243 33d Street
Allegan, MI 49010

Mike McMillen, AIA
209 1/2 West Clark Street
Champaign, IL 61820

Pamela K. McPherson, M.D.
Child and Adolescent Psychiatry
803 Bayou Pines, Suite B
Lake Charles, LA 70601

Nehemiah "Don" Mead, Ed.D.
San Francisco Youth Guidance Center
375 Woodside Avenue
San Francisco, CA 94127

Tomas Medina
Gardner-Betts Juvenile Justice Center
2515 South Congress 
Austin, TX 78704

Dana A. Menard
Lafayette Parish Juvenile Detention
P.O. Box 2399
Lafayette, LA 70502

Jeff Mitchell, M.D.
Child and Adolescent Psychiatry
Lovelace Hospital
5400 Gibson Boulevard SE.
Albuquerque, NM 87108

Jim Moeser
Dane County Juvenile Court Probation
City-County Building
Room 302
Madison, WI 53709

Sherri F. Moore
Willoughby Juvenile Center
1401 Warren Drive
Marshall, TX 75670

Robert Morris, M.D.
Los Angeles Juvenile Court Health Services
1925 Daly Street, First Floor
Los Angeles, CA 90031

Anne M. Nelsen
Salt Lake Juvenile Detention Center
3534 South 700 West
Salt Lake City, UT 84109

Donald Nitz
Kalamazoo County Juvenile Home
1424 Gull Road
Kalamazoo, MI 49006

Anette Nix
Eastern Oklahoma Youth Service
4500 Classen, Suite 200
Oklahoma City, OK 73118

Stephen Norris
Cuyahoga County Juvenile Detention Center
2209 Central Avenue
Cleveland, OH 44115

Nervy Oliver
Ingham County Youth Center
700 East Jolly Road
Lansing, MI 48910

James W. M. Owens, M.D.
Echo Glen Children's Center
33010 SE. 99th Street
Snoqualmie, WA 98065

Sandra Palkovic
Orlando Regional Juvenile Detention Center
2800 South Bumby Avenue
Orlando, FL 32806

Dale Parent
Abt Associates
55 Wheeler Street
Cambridge, MA 02138

George M. Pippen, Jr.
Stevenson House Detention Center
P.O. Box 278
Milford, DE 19963

Mary Alice Schmidt
Hillside Children's Center
160 Northaven Terrace
Rochester, NY 14621

John J. Sheridan
Bureau of Residential Services
45 South Fruit Street
Concord, NH 03301-2410

Gary Shostak
Department of Youth Services
27-43 Wormwood Street, Suite 400
Boston, MA 02210

Charles M. Skaggs
Williamson County Juvenile Court
2423 Williams Drive, Suite E
Georgetown, TX 78628-4105

Gale M. Smith
MacCormick Training Center
300 South Road
Brooktondale, NY 14817-9723

J. Steven Smith, Ph.D.
Department of Criminal Justice
Ball State University
Muncie, IN 47306-0455

Donald Steitz
Jefferson County Youth Center
720 West Jefferson
Louisville, KY 40202

Mary B. Stelma
Calhoun County Juvenile Home
14555 181/2 Mile Road
Marshall, MI 49068

Ronald L. Stepanik
Eckerd Family Youth Alternatives
P.O. Box 7450
Clearwater, FL 34618-7450

John O. Stettler
County Government Center
2176 Johnson Avenue
San Luis Obispo, CA 93408

Thomas Stokes
Gloucester County Juvenile Detention
P.O. Box 39
Clarksboro, NJ 08020

Carl Supino
Westfield Secure Detention 
51 East Mountain Road
Westfield, MA 01085

Ray Tallis
Pima County Juvenile Court 
2225 East Ajo Way
Tucson, AZ 85713-6295

Jim Tallmon
Ottawa County Juvenile Detention
12120 Fillmore Street
West Olive, MI 49467

William D. Taylor
Pasco Regional Juvenile Detention
9910 State Road 52
San Antonio, FL 33576

Cynthia F. Thacker
Division of Youth Services
705 Palmer Drive
Raleigh, NC 27626

Doug Thomas
National Center for Juvenile Justice
701 Forbes Avenue
Pittsburgh, PA 15219

Ernest Thomas
Jefferson Parish Juvenile Services
1550 Gretna Boulevard
Harvey, LA 70058

Tom L. Thornhill
Youth Center of the High Plains
9300 South Georgia
Amarillo, TX 79118

Robert J. Tillie
Renaissance Home
P.O. Box 7997
Alexandria, LA 71306

Patricia Torbet
National Center for Juvenile Justice
701 Forbes Avenue
Pittsburgh, PA 15219

John Treahy
Hillside Children's Center
160 Northaven Terrace
Rochester, NY 14521

Barbara Van Ekeren
Pennington County Juvenile Detention
702 North Street
Rapid City, SD 57701

Larry Vardaman
Kansas Department of Youth 
25331 West 39th Street South
Goddard, KS 67052

Rev. Garry Vogelpohl
4916 Darlington Drive 
Nashville, TN 37211

Rose W. Washington
New York City Department of Juvenile Justice
365 Broadway
New York, NY 10013

Jesse Williams
Department of Human Services
1401 Arch Street, Room 312
Philadelphia, PA 19102

Alex Wilson
Shuman Juvenile Detention Center
7150 Highland Drive
Pittsburgh, PA 15206

Bruce I. Wolford, Ph.D.
Training Resource Center
Eastern Kentucky University
Richmond, KY 40475

Jerry M. Wood
Tarrant County Juvenile Probation
2701 Kimbo Road
Fort Worth, TX 76111

James E. Woolsey
Duval Regional Juvenile Detention
1241 East Eighth Street
Jacksonville, FL 32206

Ronald C. T. Yap
Judiciary Family Court First
902 Alder Street
Honolulu, HI 96814

Susan A. Yeres, Ed.D.
Essi Systems, Inc.
70 Otis Street
San Francisco, CA 94103

John Zachariah
American Correctional Association
8025 Laurel Lakes Court 
Laurel, MD 20707-5075

Darrell H. Zwick
Michigan Judicial Institute
222 North Washington Square
Suite 220
Lansing, MI 48909

------------------------------

In Memoriam

Time, like an ever rolling stream, bears all who
breathe away; they fly forgotten, as a dream dies
at the opening day.
-Isaac Watts, 1719

DAVON CONNER
Aftercare Worker
Calhoun County Juvenile Home
Marshall, MI

JAMES GOULD
Project Manager
Office of Juvenile Justice and Delinquency
Prevention
Washington, DC

DONALD HAMMERGREN
Superintendent
Hennepin County Juvenile Detention Center
Minneapolis, MN

ROBERT RADER
Superintendent
Kanawha Home for Children
Charleston, WV

CHARLES REINA
Detention Manager
Superior Court, Family Division
Hartford, CT

WALTER ROUSH
Chief Probation Officer
Allen County Juvenile Court
Lima, OH

C. A. "NEIL" ZOTT
Superintendent
Macomb County Juvenile Home
Mount Clemens, MI

These friends of juvenile detention had outstanding
careers cut short by untimely death. Their names
are remembered here. They are gone but not
forgotten.

------------------------------

Forward

Although research has identified deficiencies
within juvenile detention, custody remains a
critical and integral function of America's
juvenile justice system.

The Desktop Guide to Good Juvenile Detention
Practice constitutes the principal product of the
Office of Juvenile Justice and Delinquency
Prevention's Juvenile Justice Personnel Improvement
Project. It is intended to serve as a useful aid in
enhancing the quality and effectiveness of juvenile
detention.

While the Desktop Guide draws on a national
assessment of juvenile detention practices
undertaken by the National Juvenile Detention
Association, it is enriched by the constructive
counsel of numerous practitioners and professional
associations, including the American Correctional
Association, the Juvenile Justice Trainers
Association, the National Association of Counties,
the National Association of Juvenile Correctional
Agencies, the National Council on Crime and
Delinquency, and several State Juvenile Detention
Associations.

It is my hope that the Desktop Guide to Good
Juvenile Detention Practice will fulfill its
promise--not only to strengthen our Nation's
detention services, but to stimulate the personal
growth and professional development of the
dedicated practitioners who provide those services.

Shay Bilchik
Administrator
Office of Juvenile Justice and Delinquency
Prevention 

------------------------------

Table of Contents

Volunteer Network

In Memoriam

Foreword

Introduction 

 Juvenile Justice Personnel Improvement Project
 The Desktop Guide

Part I PRINCIPLES AND CONCEPTS

 1 Historical Perspective
   Advent of the Juvenile Justice System
   The Juvenile Court
   The Origins of Contemporary Juvenile Detention
   Recent History
   Standards Movement in Juvenile Detention
   Balanced Approach
   A Comprehensive Strategy
   Summary

 2 Juvenile Detention and the Law
   Law and Discretion
   Juvenile Court Act
   Juvenile Court History
   Present and Future
   Liability Issues
   Conclusion

 3 Defining Juvenile Detention
   The National Juvenile Detention Association
    (NJDA)
   Confusion of Function
   What Are the Functions of Detention?
   "Place Versus Process" Argument
   Nonsecure Detention
   Alternatives to Secure Detention: The Case of
    Diversion

 4 Adolescent Development and Delinquency
   Adolescent Development
   Psychosocial Developmental Stages
   Common Changes During Adolescence
   Theories of Delinquency
   Gangs

 5 Rights and Responsibilities of Staff and Youth
   Parens Patriae
   Liability
   Conditions of Detention
   Training
   Due Process
   Overcrowding
   Conclusion

 6 Professional Issues in Juvenile Detention
    Professionalism
   My All-America Team
   NJDA Code of Ethics
   Detention Job Functions
   Public Policy Statements
   ACA Public Correctional Policy on Juvenile
    Justice
   NCCHC Policy Statement
   Summary

Part II DAILY PRACTICE

 7 Management Issues: Mission, Security, and Policy
    and Procedure
   Mission
   Institutional Security
   Policies and Procedures Manual

 8 Admission to Detention
   Admission to Juvenile Detention: The Event
   Admission to Juvenile Detention: The Process
   Special Concerns at Admission
   Summary

 9 Health Care for Incarcerated Adolescents
   Adolescent Responses to Health Care
    Confidentiality and Separation of
    Responsibilities
   Initial Health Status Screening
   Nursing Rounds
   Clinic or Sick Call
   Medication Dispensing
   Infirmary Care
   Cardiopulmonary Resuscitation (CPR)
   Medical Services in Locked or Disciplinary Units
   Financial Issues in Detention Medical Care
   Quality Improvement
   Dental Care
   Minor Surgical Problems
   Health Risk Behaviors by Incarcerated Juveniles
   Special Needs of Incarcerated Females
   Human Immunodeficiency Virus (HIV) and Acquired 
   Immune Deficiency Syndrome (AIDS)
   Common and Noteworthy Diseases
   Drug Abuse and Addiction

 10 The Need for Strong Programs in Detention
    Renewal of Programming in Juvenile Detention
    Rationale for Programs
    Goals of Programs
    Therapeutic Recreation
    Helping Parents When Their Child Is Detained
    Community Service
    Religious Services
    Use of Volunteers

 11 Detention Education
    Why Provide an Educational Program?
    Factors To Consider
    Review of Detention Education Issues
    Components of the Detention Education Program
    Special Education Services
    Computer-Assisted Instruction
    Summary

 12 Behavior Management in Juvenile Detention and 
     Corrections
    Part I: Personal Strategy
    Part II: Programmatic Strategy
    Additional Helpful Structures in the Detention 
     and Corrections Environment
    Sample Reinforcer Survey

 13 Behavior Observation and Recording
    Objectives
    Observation
    Recording
    Summary

 14 Mental Health Services
    The Need for Special Programs and Services
    Mental Disorders in Juvenile Detention
    The Role of Juvenile Careworkers
    Nonverbal Deescalation Strategies

 15 Special Issues
    Violence
    Alcohol and Other Drugs
    Controlling Suicidal Behavior
    Minority Issues
    Gender Issues in Juvenile Detention
    Resources for Alcohol and Other Drug Assessment

Bibliography

------------------------------

Introduction

What can 15 cents buy these days? Except for
purchasing penny candy or bubble gum, 15 cents is
not a very useful amount of money. In fact, it
won't even buy a stamp for a postcard.

In 1947, the White House Conference on Juvenile
Delinquency published an insightful and informative
report on juvenile detention. The report included
the findings of a national survey of juvenile
detention practices conducted by Sherwood Norman.
The information contained in the report would later
become the foundation for the Standards and Guides
for the Detention of Children and Youth, published
by the National Council on Crime and Delinquency in
1958. This classic work shaped the definition of
juvenile detention practice and served as the
definitive resource until the development of the
American Correctional Association (ACA) Standards
for Juvenile Detention Facilities in 1979. These
significant works are products of the information
contained in the White House report, and one could
order a copy of this report from the U.S.
Government Printing Office for 15 cents in 1947.

Juvenile Justice Personnel Improvement Project

In 1992, the Office of Juvenile Justice and
Delinquency Prevention (OJJDP) awarded the Juvenile
Justice Personnel Improvement Project (JJPIP) to
the National Juvenile Detention Association (NJDA).
Interested in current information about this
important component of the juvenile justice system,
OJJDP asked NJDA to examine three important areas
in the definition and understanding of good
juvenile detention practice.

First, JJPIP addressed the issue of staff training.
Following an extensive review of the training
literature, NJDA submitted to OJJDP a comprehensive
report on the training needs of juvenile detention
line staff. The report, Juvenile Detention Training
Needs Assessment, identified training topics,
categories, and curriculums for new and veteran
juvenile careworkers. The report also defined
various types of training needs and strategies to
acquire this information.

Second, detention is a profession that has existed
in relative isolation. Because a substantial number
of juvenile detention facilities are operated or
administered by a local branch of government,
little emphasis has been placed on sharing
information and ideas. To reduce this isolation and
fragmentation within juvenile detention, NJDA
conducted a national survey of effective and
innovative program ideas. The survey findings were
reported in the Effective and Innovative Programs:
Resource Manual. The manual was not a research or
evaluation document. Instead, it provided
information about innovative and effective program
ideas. More than 300 topics appeared in its index.
Descriptions were not comprehensive, but mailing
addresses and phone numbers were included. The
intended goal was to increase the interaction
between detention staff through the direct sharing
of information and ideas. 

Third, OJJDP asked the question: What is good
juvenile detention practice? The positive response
by the juvenile probation community to the Desktop
Guide to Good Juvenile Probation Practice by the
National Center on Juvenile Justice convinced OJJDP
that this strategy (a comprehensive review and
updating of professional knowledge) would be
beneficial for juvenile detention. The Desktop
Guide to Good Juvenile Probation Practice served as
the model for studying juvenile detention, a topic
that has not been systematically examined in more
than 45 years.

The Desktop Guide

Written under the guidance of a network of
volunteer authors, advisers, and resources, the
Desktop Guide to Good Juvenile Detention Practice
is a major step in the development of a
contemporary definition of state-of-the-art
juvenile detention practices. It complements other
publications arising from OJJDP and NJDA's
collaborative efforts, including A Resource Manual
for Juvenile Detention and Corrections: Effective
and Innovative Programs (Roush and Wyss, 1994),
Juvenile Detention Training Needs Assessment
(Roush, 1996), and Juvenile Detention Careworker
Training Curriculum (Jones and Roush, 1995). With
this background information, several additional
words of explanation are needed about the Desktop
Guide. First, the juvenile detention practitioner,
professional, or reader should understand what the
Desktop Guide is and what it is not. Second, the
Desktop Guide is divided into two parts, each with
a different emphasis or focus. Third, the Desktop
Guide contains a bibliography of current and
related works on juvenile detention.

Hints for Using the Desktop Guide

More than anything else, the Desktop Guide is a
beginning. It is unlikely that another 45 years
will pass before it is revised and updated. The
Desktop Guide is meant to be a working document,
intended to enlighten, inform, and challenge. 

The materials in the Desktop Guide should evoke a
reaction. Although NJDA hopes that the reaction is
positive, it also hopes that disagreements and
negative reactions will result in renewed dialog on
particular subjects. An openness exists within
OJJDP and NJDA to discuss dissenting or contrary
beliefs and to work through the differences so that
the ultimate benefactor of this interaction is the
practice of juvenile detention and the youth it
serves.

The Desktop Guide assumes that juvenile detention
professionals cannot be totally competent and
skillful without a solid understanding of the basic
concepts and principles involved in juvenile
detention. Therefore, the Desktop Guide is not a
"how to" manual even though it contains definite
"how to" sections. To get the full benefit of the
information in the Desktop Guide, staff will have
to engage it seriously--this means reading. It may
mean rereading. It may also cause a critical
reevaluation of your current practices. It may lead
to a rethinking of your professional commitment and
career development. To produce professional growth,
the materials need to stimulate you, and we trust
that they will. Again, the Desktop Guide is
intended to enlighten, inform, and challenge.

Part I: Principles and Concepts

The first part of the Desktop Guide explores the
background principles, concepts, and knowledge that
are at the core of juvenile detention and juvenile
justice. This information provides the foundation
for skill acquisition and skill development.
Following are brief descriptions of each chapter: 

Chapter 1 addresses the history of juvenile
detention and includes background information about
the development of the juvenile court and juvenile
probation. The chapter draws heavily from the
Desktop Guide to Good Juvenile Probation Practice
and the Task Force Report from Pennsylvania. In
addition to historical perspectives on the
formation of the juvenile court, the chapter
includes a description of the Pere Marquette
Institute in 1968, which was a culminating event in
the creation of NJDA and federally sponsored staff
training programs.

Chapter 2 is a thorough explanation of the
relationship between juvenile detention and the law
(the Juvenile Court Act). Professor Frank Kopecky
from the Center for Legal Studies at the University
of Illinois at Springfield carefully outlines the
legal obligations of juvenile detention careworkers
as contained within the Juvenile Court Act. He
provides a basic understanding of the operations of
the juvenile court with sufficient detail so that
juvenile detention careworkers can make informed
responses to detainees' questions about "what's
going to happen to me now?"

Chapter 3 looks at the definition of detention, a
critical concept given current challenges to the
juvenile court and contemporary theories of
juvenile justice. The definition materials are from
the NJDA definition, which was forged from 3 years
of debate and discussion. This definition,
unanimously adopted by the NJDA Board of Directors
in 1989, serves as the benchmark for definition
statements. 

Chapter 4 addresses adolescent development. Under
the direction of Professor J. Steven Smith, a team
of psychologists, criminologists, and developmental
specialists identifies many of the distinguishing
characteristics of adolescence. In particular, the
chapter highlights the developmental and
psychological differences between children and
adults. This chapter also includes information
about gangs and their relationship to delinquency
theory. 

Chapter 5 reviews the legal liability of juvenile
detention careworkers. Developed by James R. Bell,
the chapter outlines the critical areas of juvenile
rights as they relate to conditions of confinement.
Bell provides a clear overview of the legal
expectations of juvenile detention line staff.

Chapter 6 discusses professionalization and career
development. Basic qualities of good juvenile
detention careworkers are examined, using Ernest
Shelley's description of "staff of the right kind"
as a guideline. The chapter also includes the NJDA
Code of Ethics and a review of staff development
issues contained in recent NJDA and OJJDP projects.

Part II: Daily Practice

The second part of the Desktop Guide examines daily
practice, addressing the principles and concepts
for skill acquisition.

Chapter 7 identifies and explains three critical
areas of juvenile detention management. Developed
by Joe Christy, the first section explains the
importance of the mission statement and its
relationship to internal and external management
environments. The second section looks at
institutional security. Developed by Tom Stokes,
the three areas of good institutional security
include personal security, resident security, and
building security. The final section of the chapter
is a comprehensive review and explanation of
polices and procedures. Developed by Rosalie
Rosetti, the policy and procedure section is a
clear and detailed analysis of the "whos, whats,
whens, and wheres" of policy and procedure
development. Specific examples of priority areas
for policy and procedure development are provided
by Donald Steitz, based on the experience of the
Jefferson County Youth Center. A final section also
includes a report by Donald DeVore on the recent
efforts of the Juvenile Detention Centers
Association of Pennsylvania to develop performance-
based standards in juvenile detention.

Chapter 8 is an adaptation of "The Critical Hour:
Admissions to Juvenile Detention," a training video
developed by ACA. Using the ACA standards on
admissions, this chapter examines the concepts of
(a) how to quickly establish a working relationship
with newly admitted juveniles and (b) how to
acquire important information about the juvenile.
The chapter presents several different types of
youth as examples of how these principles are
applied.

Chapter 9 is an overview of juvenile health care
issues. Building on the efforts of the National
Commission on Correctional Health Care, this
chapter by Drs. Robbie Morris, Martin Anderson, and
Chuck Baker is a revised and updated version of
their chapter on the same topic contained in the
ACA Juvenile Careworker Resource Guide. Special
emphasis is placed on the assessment of
communicable diseases during the time of admission.

Chapter 10 is an overview of juvenile detention
programs. Developed by Steve Coulman, the chapter
describes a broad range of helpful programs and
services. Included in the chapter are discussions
of activities programs, recreational programs,
leisure-time programs, volunteer programs, and
religious services programs. This chapter should be
used in conjunction with Effective and Innovative
Programs Resource Manual (Roush and Wyss, 1994). 

Chapter 11 describes the components of a good
detention education program. Based on the
nationally recognized detention education program
developed by Jon R. Hill and his staff, this
chapter reviews a range of components, including
class size, teacher qualifications, general
education curriculum, remedial education
curriculum, special education services, and
relationships with the home schools of the youth.
Additional references include professional
standards as well as other program resources and
guidelines from various States.

Chapter 12 explains behavior management. Developed
by Nelson Griffis, the behavior management
materials are comprehensive and detailed. Griffis
makes two essential points in these materials.
First, effective behavior management is a function
of emotionally stable individuals who serve as good
role models for youth and who are necessary for
effective behavior management programs. Second,
effective behavior management is a comprehensive
and integrated approach to all aspects of the daily
program in juvenile detention. Merely having a
point system or a time-out room does not guarantee
effective behavior management. Griffis discusses
consistency and its relationship to setting limits,
making rules, enforcing rules, and using specific
behavior-management techniques. A special
contribution in this chapter is a list of more than
100 reinforcers that can be used by line staff in a
juvenile detention program. 

Chapter 13 identifies the critical skills of
behavior observation and recording. Based on the
training program developed for Detention Basic
Training at the Center for Legal Studies at the
University of Illinois at Springfield, the chapter
is an adaptation of David Roush's instructional
article "Behavior Observation and Recording"
(Roush, 1993). Supplemental materials are also
available from the Center for Legal Studies. 

Chapter 14 provides instruction and advice about
mental health problems in juvenile detention.
Developed by Kirk Blackwood and Jana Ewing, the
chapter uses information prepared by Kathleen
Kroening. The chapter starts with the assumption
that mental health problems should be dealt with by
mental health professionals. Recognizing that this
assumption is problematic for line staff who work
with juveniles who need mental health services
during the day when mental health services and
staff are not available, the chapter outlines a
clear and simple list of "do's" and "don'ts" for
direct-care staff in juvenile detention centers.

Chapter 15 addresses special topics, giving
attention to (a) suicide assessment and
intervention, (b) alcohol and other drug abuse
assessment and intervention, (c) minority concerns,
(d) gender issues, and (e) the management of
violence. These topics do not represent all of the
issues and concerns facing line staff in juvenile
detention. As stated earlier in this introduction,
the Desktop Guide is intended to start the
discussion about the variety of topics relevant to
juvenile detention.

What's Missing?

Several topics are conspicuous by their absence.
First, the Desktop Guide does not address the
isolation or confinement of juveniles. ACA
standards and case law seem to be sufficient on
this issue. References and resources for further
study are listed in the bibliography.

Second, the Desktop Guide does not discuss physical
and mechanical restraints. Although these skills
may be required of all juvenile detention
careworkers at some time in their career, excellent
programs are available to train and certify staff
members at a basic level of competence in each of
these areas. This type of certification should be
an essential component of every staff training
program in every juvenile detention facility.

Third, the Desktop Guide does not cover staff
training and development. However, these issues are
addressed in NJDA's Juvenile Detention Training
Needs Assessment, offering another example when the
Desktop Guide should be used in conjunction with
other products and materials developed by NJDA and
OJJDP. You may also wish to consult Juvenile
Detention Careworker Training Curriculum, which
provides a comprehensive 40-hour training program
for new line staff in juvenile detention
facilities. 

Fourth, as you read the Desktop Guide, you will
probably note several topics that are very
important to you but missing from the materials.
Constraints on time and resources often resulted in
omissions. NJDA encourages you to tell us what was
omitted and why it is important to you.

Bibliography

A rather lengthy bibliography appears at the end of
the Desktop Guide. It includes numerous relevant
works in juvenile detention along with many other
related publications and manuscripts. Although not
complete, the bibliography is an attempt to compile
a list of references that provide an understanding
of juvenile detention. 

Very little has been published about juvenile
detention during the past several decades. Yet the
bibliography section is quite lengthy, reflecting a
greater number of works about juvenile detention
than was originally anticipated. Publications such
as NJDA News, Corrections Today, and Journal for
Juvenile Justice and Detention Services have added
numerous articles to juvenile detention literature.
Because articles about juvenile detention were
becoming more plentiful, the bibliography section
was the last part of the Desktop Guide submitted to
OJJDP. The list of references is as current as
possible.

------------------------------

Chapter 1 Historical Perspective

Advent of the Juvenile Justice System

The roots of the juvenile court movement in this
country can be traced to 16th-century educational
and religious reform movements in Europe. These
reform movements changed the public view of
children from one of "miniature adults" to one of
persons whose moral and cognitive capacities were
not yet fully developed. This new perspective
resulted in the development of boarding schools
with strict regimens designed to shape the
mentality and morality of the child (Aries, 1962).

The impact of industrialization and immigration on
the United States accelerated what probably would
have been a more gradual revamping of criminal law
and its application to children. Rapid urbanization
disrupted families, resulting in overcrowding and
an increase in crime, including crimes committed by
children. A strong public concern for the
protection of these children, particularly from
their surroundings, began to surface, setting the
stage for a series of social reforms that created
special courts to hear cases involving children.

The numerous reforms preceded the juvenile court
movement, and in retrospect, the eventual creation
of the court was a predictable outcome of a process
characterized by the protection of children. The
development of child labor legislation, specialized
care for the handicapped, and public education
evidenced growing support for a philosophy of
governmental responsibility for individuals who
needed special protection and care (National Center
for Juvenile Justice, 1991).

Houses of Refuge

In the United States, reforms can be traced
directly to a Quaker-led movement in New York City.
One of the first visible achievements of this
movement was the passage in 1796 of legislation
that, for many crimes, replaced punishment by
whipping and death with confinement in newly built
prisons. In 1823, a component of this movement, the
Society for the Prevention of Pauperism in the city
of New York, focused on the plight of the horde of
"dirty, foul-mouthed children who thronged the city
streets and subsisted on picking pockets and other
crimes." The Society advocated the construction of
a "House of Refuge" for vagrant or deprived young
people and declared that the contamination of
locking up children with mature criminals was one
of the worst consequences of prison reform (Fox,
1970). The New York legislature responded in 1824
by granting authority to build a House of Refuge
for the reformation of juvenile delinquents,
establishing the first detention of youth separate
from adults.

Pennsylvania was also at the forefront of the House
of Refuge movement. Houses of Refuge were designed
to remove children from the adult prisons and
poorhouses. The Philadelphia House of Refuge,
established in 1826, initially accepted children
who had been convicted of crimes or who were
vagrants. This was the second such institution to
be created in America.

In 1835, Pennsylvania enacted legislation to add
incorrigibility as a reason for commitment. The new
law was soon challenged as unconstitutional after
an incorrigible child had been committed to the
House of Refuge without a jury trial. However, in
Ex Parte Crouse, 4 Wharton Reports 9 (PA 1839), the
Pennsylvania Supreme Court upheld the commitment,
finding that "The House of Refuge is not a prison,
but a school, where reformation, not punishment, is
the end." With regard to the State's authority to
care for Mary Ann Crouse, the court found:

toward this end may not the natural parent when
unequal to the task of education or unworthy of it,
be superseded by the parens patriae, or common
guardian of the community. ... The infant has been
snatched from a course which must have ended in
confirmed depravity ... and not only is the
restraint of her person lawful, but it would be an
act of extreme cruelty to release her from it.

The Crouse case is regarded as perhaps the first
case involving a delinquency matter to employ the
parens patriae doctrine, although the doctrine had
been used previously in other areas of law
(Pennsylvania Juvenile Justice Task Force,
1991:19).

The right of the State to intervene in the life of
a child differently from the way it intervenes in
the life of an adult is based on the British
doctrine of parens patriae (parent the king). The
doctrine was interpreted as the inherent power of
the king (State) to provide protection for persons
who were not of full legal capacity. This chancery
jurisdiction was generally applied to cases of
child neglect and abuse or on behalf of insane and
incompetent persons. The essential element of this
doctrine was its emphasis on the welfare of the
child, permitting the proper balance of social and
economic interests. The chancery court might well
have limited its concern to dependent, neglected,
and destitute children. However, in extending
chancery principles to include delinquent children,
the court was following these principles to their
logical conclusion because delinquent children were
often dependent, neglected, and destitute, and all
of these children were in need of the court's
benevolent intervention.

The early Houses of Refuge in New York,
Pennsylvania, Massachusetts, and Ohio were founded
on principles of education and religion, generally
providing a program for children based on strict
discipline and useful labor, while protecting them
from adult criminals. These institutions began
developing rather rapidly and were the forerunners
of State-operated reform schools and industrial
schools. Chronologically, the public training
school emerged before our current concept of
juvenile detention. In the mid-1800's, progressive
States began to develop reform schools that
provided the discipline needed by wayward youth but
offered a homelike atmosphere where education was
emphasized. The first, Lyman School for Boys, was
opened in Westboro, Massachusetts, in 1847. A
similar school for girls was opened in Lancaster,
Massachusetts, in 1855. Ohio created the State
Reform Farm in 1857 (Cole, 1989). 

Some members of the Progressive Reform movement
became concerned about the mistreatment and neglect
of children in orphanages and Houses of Refuge.
Primarily active in urban areas, the movement
became known as the "child savers," with prominent
women citizens acting as the lead advocates for
children. Other targets of child saver reforms
included child labor practices, neglect and
dependency, inadequate assimilation of immigrant
children, runaways, orphans, and delinquents
(Newman, 1986).

John Augustus and Probation

Equally important to the development of the
juvenile court system in America was the
development of probation as a sentencing
alternative. Probation as we know it was derived
from a logical extension of the English common law
practice of the conditional suspension of
punishment. Use of the judicial reprieve, release
of offenders on recognizance, release on bail, and
suspension of sentence were direct precursors of
probation.

The first step beyond these common law practices
was taken in Boston, Massachusetts, in 1841 when
John Augustus, a local cobbler, attended police
court and requested that the court allow him to
post bail for a man charged with being a common
drunkard. The court agreed, and Augustus was
ordered to return with the defendant in 3 weeks, at
which time he was to show convincing signs of
reform. At sentencing, instead of the usual
imprisonment, the judge imposed a fine of 1 cent
and ordered the "reformed" defendant to pay costs.

Encouraged by his initial experience, Augustus
provided bail for more offenders and began
supervising and guiding their behavior pending
sentencing. Although he worked initially with adult
males, he gradually extended his activities to
include work with women and children. Augustus
subsequently "bailed on probation" thousands of
persons. He was credited with developing many of
the features that came to characterize the American
probation system, including the use of case
studies, regular supervision, employment, and
education. Although Augustus has been acclaimed for
his work with adults, he was also--without
question--a juvenile probation officer.

In 1847, I bailed nineteen boys, from seven to
fifteen years of age, and in bailing them it was
understood, and agreed by the court, that their
cases should be continued from term to term for
several months, as a season of probation; thus each
month at the calling of the docket, I would appear
in court, make my report, and thus the cases would
pass on for five or six months. At the expiration
of this term, twelve of the boys were brought into
court at one time, and the scene formed a striking
and highly pleasing contrast with their appearance
when first arraigned. The judge expressed much
pleasure as well as surprise, at their appearance,
and remarked, that the object of law had been
accomplished and expressed his cordial approval of
my plan to save and reform (Moreland, 1941:5).

In 1869, Massachusetts provided for the appointment
of an agent of the Board of State Charities. The
agent investigated cases of children tried before
the court, attended trials, received certain
children for placement, and found foster homes,
when appropriate. These agents, with the help of
volunteers, also supervised children placed under
the common law practice of probation (Shultz,
1973).

The practice of probation was regulated by statute
for the first time in 1878, when Massachusetts
enacted legislation that enabled the mayor of
Boston to appoint a paid probation officer for the
courts of criminal jurisdiction in Boston
(Pennsylvania Juvenile Justice Task Force,
1991:20). For more historical information on
probation, John Augustus, and the Progressive
Movement, see the recent article by Edward Sieh
(1993).

The Juvenile Court

In a historical review of the origins of the
juvenile court, the Center for Legal Studies at the
University of Illinois at Springfield attributed
the evolution of the juvenile court movement to
Illinois Governor John Altgeld (Kopecky, 1989).
Other key actors identified in the report were
social workers Jane Addams, Julia Lathrop, Lucy
Flowers, and Elvina Stevens, as well as members of
the Chicago Bar Association--Judge Richard Tuthill,
Judge Harvey B. Hurd ("Father of the Juvenile Court
Law"), Ephriam Banning, John W. Ela, Edwin B.
Smith, and Clarence Darrow. According to Kopecky,
Governor Altgeld appointed Julia Lathrop to
evaluate the conditions of confinement in all
Illinois correctional institutions. She was so
appalled by the treatment of juvenile offenders
that she asked members of the Bar to implement
legislation for juvenile reform. With the help of
Lucy Flowers, the Bar Association drafted the bill
that eventually became the Juvenile Court Act.

Although it is common practice to attribute the
invention of the juvenile court to inspiration in
Cook County (Chicago), Illinois, parallel evolution
was taking place in several States. The practice of
trying children separately from adults began in
Suffolk County, Massachusetts, in 1870. The
practice became statewide in 1872. New York
developed a similar statute in 1892, followed
quickly by Indiana and Rhode Island (Sussman and
Baum, 1968). Nevertheless, the Juvenile Court Act,
passed by the Illinois legislature in 1899, was the
first such enactment to be acknowledged as a model
statute for other States and countries (Platt,
1969).

Juvenile Court Act

The Illinois Juvenile Court Act eliminated the need
for warrants to arrest children, the use of
indictments, and most other features of criminal
proceedings. The Act established a separate
courtroom and separate records, and it provided
that "where a child would come within the
jurisdiction of the courts--that the care, custody
and discipline of a child should approximate as
nearly as may be, that given by its parents." The
new law created a juvenile court with jurisdiction
over children under the age of 16 who were
delinquent, dependent, or neglected (Pennsylvania
Juvenile Justice Task Force, 1991:20). The Illinois
Juvenile Court Act delineated three distinctions of
the juvenile court movement: (1) the creation of a
separate court of justice for children because
children are different, (2) the recognition that
juvenile court is not a criminal court, but a civil
court, emphasizing the rehabilitation and treatment
of children, and (3) the creation of a system of
probation (Lathrop, 1917).

In 1893, prior to the passage of the Illinois
statute, Pennsylvania enacted legislation that
prohibited a child under age 16 from being confined
with adults charged with or convicted of crimes.
This law also required that children should be
tried separately from adults and provided that
cases involving children be listed on separate
dockets. Although Pennsylvania's first Juvenile
Court Act, passed in 1901, was very similar to the
Illinois law, the Pennsylvania Superior Court
declared the new statute unconstitutional
(Pennsylvania Juvenile Justice Task Force,
1991:20). 

Shortly thereafter, the General Assembly enacted
the Juvenile Court Act of 1903, which was very
similar to the 1901 statute. The Pennsylvania
Supreme Court upheld its constitutionality, citing
the parens patriae doctrine as a valid basis for
approving different procedures, such as the denial
of a jury trial, in cases involving children.
Around this time, the juvenile court movement
gained considerable momentum, and by the mid-
1920's, nearly every State had enacted juvenile
court statutes in some form.

Early Definition of Delinquency

The definition of delinquency was broadened shortly
after the passage of the Illinois Juvenile Court
Act to "embrace both the list of peculiarly
juvenile offenses, such as frequenting places where
any gaming devise was operated" and the apparently
all-encompassing "status offenses" of
incorrigibility and a livelihood of idleness or
crime. In 1907, the list was again broadened to
include "running away from home, loitering and
using profanity." These acts defined the
characteristics of juvenile delinquency.
Discrimination between behavior defined as criminal
for everyone, adult or child, and behavior seen as
inappropriate only for a child was not believed to
be necessary. Juvenile crime was not viewed as an
adult crime but as evidence of delinquency.
Juvenile errors and omissions were not to be held
against an offender in later life. The court's task
was not to punish juvenile crime but to guide
delinquents toward a responsible and productive
adulthood.

The focus of the juvenile court proceeding shifted
from the particular offense that a child had
committed. As Judge Julian Mack, the first juvenile
court judge in Cook County, described the role of
the judge in these new proceedings, "the problem
for determination by the judge is not--has the boy
or girl committed a specific wrong, but what is he,
how has he become what he is, and what had best be
done in his interest and in the interest of the
State to save him from a downward career"
(Pennsylvania Juvenile Justice Task Force,
1991:21).

Adjudication

The adjudication proceeding itself was intended to
be nonadversarial in nature, with the judge
presiding as a father-figure who represented
simultaneously the interests of the child and those
of the State. The early courts operated without
providing alleged delinquents with many of the
rights afforded adults, including adequate notice
of charges, the right to counsel, and trial by
jury. The power of the juvenile courts to act in
the absence of many of these procedural safeguards
eventually became the basis of attacks on the
philosophy of the system. Although the level and
frequency of the criticism increased throughout the
20th century, the juvenile courts of the early
1900's functioned virtually unchanged until 1966,
when the U.S. Supreme Court ruled on certain
procedures of the court (Pennsylvania Juvenile
Justice Task Force, 1991:21).

Women's Role

Women played a significant role in the development
of the juvenile justice system. According to Cole
(1989): 

Such activists as Jane Addams and Julia Lathrop of
the Settlement House Movement ... and the National
Congress of Mothers were successful in promoting
the juvenile court concept, so that by 1904 ten
states had implemented procedures similar to those
of Illinois, and by 1920 all but three states
provided for a juvenile court. (p. 649)

Other key women identified in the juvenile court
movement are Lucy Flowers and Elvina Stevens
(Kopecky, 1989). Women also developed powerful
advocacy groups for juvenile justice (e.g., League
of Women Voters and denominational women's groups),
and they contributed countless volunteer hours to
all aspects of the system.

The women's movement of the 1970's combined with
the economics of the 1980's to move a substantial
number of women from advocacy or volunteer roles
and into the workplace. However, the diminished
involvement of these advocacy groups has adversely
affected the juvenile justice system's ability to
maintain its equilibrium in the face of the
punitive policies of the 1980's.

The Origins of Contemporary Juvenile Detention

Very little is written about the history of
juvenile detention in the United States.
Information about the development of detention must
be drawn from historical accounts that focus
primarily on other juvenile justice matters.
However, these sources provide some insight on how
detention developed.

There appear to be three major phases in the
development of juvenile detention, and we are
currently in one of them. The current increase in
juvenile violent crime combines with the continued
disintegration of the family and a punitive public
philosophy to place an increasing demand on
juvenile detention as a major resource for the
juvenile justice system. As a result, the number of
facilities is increasing, while existing facilities
are expanding.

Juvenile Detention Homes

The two other periods described in the literature
are the times preceding and following World War II.
For the first 50 years of the juvenile court, most
juvenile detention occurred in either homelike
settings or jail. Many juvenile courts actually
purchased large houses for the detention of status
offenders, minor offenders, and dependent-neglected
children. Staffed by house parents, these houses
were generally not secure. The practice was very
similar to current nonsecure detention programs
such as the types operated in New York State.
Because of the relatively low number of youth
committing delinquent offenses, serious offenders
were diverted to the local jail or committed to
State training schools and reformatories. Secure
detention facilities (institutions with secure
hardware and design) were the luxury of larger
juvenile court systems. 

Early accounts of juvenile detention describe
similar systems. In rural and small-town
communities, the detention home or small, homelike
institution developed (Norman, 1957). Extended
families throughout rural America helped suppress
delinquency and enabled small jurisdictions to meet
their detention needs through detention homes,
foster homes, and group homes. Small institutions
(under 20 beds) were also designed with a homelike
atmosphere that included live-in house parents. The
legacy of the homelike approach to juvenile
detention survived through the 1960's, and a few
detention centers are still called homes--e.g., the
Calhoun County (Michigan) Juvenile Home.

Jailing Juveniles

Urban areas constructed more traditional detention
facilities, using a hospital-like architectural
design (Norman, 1957). In both cases, jails were
used for serious offenders. Most jurisdictions
without access to a detention center made
arrangements to detain youth in county jails or
municipal lockups. By 1945, nearly 27 percent of
all youth detained overnight were incarcerated in a
county jail or police lockup as opposed to a
juvenile detention facility (Tappan, 1949). As the
procedure of jailing juveniles continued, reports
of deaths, injuries, and unsanitary living
conditions raised questions about the practice of
detaining youth in jails (Tappan, 1949; and Norman,
1957).

Construction of appropriate juvenile detention
facilities was hindered, however, by the economic
problems associated with the Depression and World
War II. By 1930, 141 juvenile detention facilities
existed in the United States, but many of these
were homelike residential group facilities (Norman,
1957). An accurate count of institutional detention
facilities was not available prior to World War II.

The Construction Boom

The post-World War II prosperity enabled those
within the juvenile justice system and the public
to look more closely at the problems surrounding
juvenile delinquency, especially the practice of
jailing juveniles and the need for appropriate
detention facilities for children and youth. As a
result, a construction boom occurred in the 1950's
and 1960's. By 1967, 242 secure institutions for
juvenile detention existed in the United States
(Cavan, 1969:393). The height of this construction
occurred between 1945 and 1957, when more than 100
detention centers were built (Norman, 1957:396).
Between 1950 and 1957, California built 22 new
juvenile detention facilities.

Since then, construction has continued. By 1971,
303 juvenile detention facilities were reported in
the United States (Pappenfort and Young, 1980). By
1989, that number had risen to 492 facilities
(Allen-Hagen, 1991).

Trends from the early 1990's indicate that
construction is continuing. However, the rising
costs of the adult criminal justice system,
particularly the operational costs of prisons and
jails, are placing extreme financial burdens on
local jurisdictions. In 1993, one New Jersey county
closed its juvenile detention facility as part of a
cost-saving effort.

First Juvenile Detention Center

The absence of historical records prevents a
definitive identification of the first juvenile
detention facility in the United States. Tappan
(1949) recognized the Arthur J. Audey Home,
operated by the Cook County Juvenile Court, as the
first juvenile detention facility. Opened around
1906, the Audey Home was a multistory residential
building near downtown Chicago (Jordan, 1968). In
1923, a new juvenile detention facility was built
using state-of-the-art designs. By 1970, the
demands for more space and a new physical plant led
to the construction of the 500-bed Cook County
Temporary Juvenile Detention Center, operated by
the executive branch of Cook County government.

To describe the large juvenile detention facility
and its programs, Cavan (1969) used the Los Angeles
County Juvenile Hall. She reported that the
Juvenile Hall was established in 1906, the same
year as the opening of the Audey Home in Chicago.
Was the first juvenile detention center in Chicago
or Los Angeles? It is hoped that this question will
elicit historical evidence to support one theory or
the other.

Recent History

Even though the concept of juvenile probation is
older than juvenile detention, the histories of
both ideas have been somewhat similar during the
past several decades. Juvenile probation and
detention represent the two primary interventions
of the juvenile court. Many juvenile probation
officers came from the ranks of juvenile detention,
while detention administrators frequently evaluate
detention workers with an eye to those who can be
promoted to the probation department. The salary
and status disparities between detention and
probation imply that detention is secondary within
juvenile court. The State of Illinois recently
enacted legislation that created salary parity
between juvenile detention officers and juvenile
probation officers, enabling Illinois detention
facilities to maintain greater staff stability.

At the beginning of the 1950's, juvenile probation
professionals were certain that management
caseloads, new facilities, and full staffing of
trained probation officers would completely control
juvenile delinquency. However, by the end of that
decade, these professionals were smarting from the
criticism of a subcommittee of the U.S. Senate
Committee on the Judiciary, which had spent 5 years
studying juvenile delinquency and laying the
foundation for the Juvenile Delinquency and Youth
Offenses Control Act of 1961 (Hurst, 1990). The
authors of that legislation were sufficiently
impressed with current social theories to make
provisions to fund virtually every kind of
community effort that prevented or controlled
delinquency--except juvenile probation.

The juvenile court also came under attack by
outsiders because it failed to meet its promises.
During the 1960's, civil libertarians found
powerful allies on the Supreme Court, and the
cannons of procedural due process were turned first
on the criminal justice system and, once it had
been blasted into constitutional submission," on
the juvenile courts (Hutzler, 1982:28). With the
Kent decision in 1966, Gault in 1967, and Winship
in 1969, the Supreme Court denounced the
informality of juvenile proceedings and demanded
that juvenile courts consider a defendant's rights,
due process, and constitutional safeguards while
finding facts. (For more detail on these and other
decisions, see Chapter 2.)

In response to President Lyndon Johnson's "war
against crime" and the recommendations of the
Katzenbach Commission on Law Enforcement and
Administration of Justice in 1967, Congress passed
the Juvenile Delinquency Prevention and Control Act
of 1968. That Act made specific provision for
financial assistance to courts and correctional
systems to treat and control juvenile delinquency.
It also recommended that children who were charged
with status offenses be screened from the court
system. The U.S. Department of Health, Education,
and Welfare (HEW) spent 4 years developing the
national strategy for this legislation but never
requested an appropriation that could be used to
support services in the States (Hurst, 1990).

The late 1960's brought rapid change to the
juvenile justice system. The nature and intensity
of change created high levels of uncertainty within
the field as basic assumptions were challenged,
clarified, and redefined, sometimes simultaneously.
These changes foretold even more significant
transformations.

Pere Marquette Institute

The first documented attempt to convene juvenile
detention professionals and experts was the
National Institute for Juvenile Detention Home
Administrators in spring 1968 at the Pere Marquette
State Park in Grafton, Illinois. The Institute was
the cooperative effort of Dr. Charles Matthews,
director of the Delinquency Study in Youth
Development Center at Southern Illinois University-
Edwardsville, and Gerald Wittman from HEW's Office
of Juvenile Delinquency and Youth Development.
Matthews and Wittman believed that juvenile
detention in the United States needed more
attention and that nationally respected expert
practitioners should set an agenda for the future
of the profession. Little progress had occurred for
juvenile detention since the National Council on
Crime and Delinquency (NCCD) published the
Standards and Guides in 1958 and revised it in
1961. Furthermore, the history of practitioner
involvement in the development of the field of
juvenile detention was sporadic, and those in the
profession remained isolated. This concept of using
training experiences as a way to share ideas on a
national level led to the development of the
National Juvenile Detention Association.

National Juvenile Detention Association (NJDA)

Two issues emerged from the Pere Marquette
Institute. First, in addition to the American
Correctional Association (ACA), a separate
professional association was needed to represent
juvenile detention nationally. The 1968 Institute
marked the first time that detention administrators
convened on a national level to address the future
of juvenile detention. Second, the Institute was to
provide a vehicle for detention practitioners to
unite and provide national leadership so that
juvenile detention practices could be standardized.
Institute participants elected LaVon Kindall as the
president of the fledgling association. The first
group of officers also included James M. Jordan,
who was responsible for incorporating NJDA as a
nonprofit organization under Illinois law in 1971.

Since 1968, NJDA has provided semiannual training
programs for juvenile detention personnel. In 1989,
NJDA initiated the National Juvenile Services
Training Institute (NJSTI), an annual training
event that provides detention and corrections
practitioners with various workshops, seminars, and
training certification programs. Furthermore, NJDA
publishes an education, research, and training
journal in conjunction with the Juvenile Justice
Trainers Association (JJTA) and the National
Association of Juvenile Correctional Administrators
(NAJCA). 

Origins of Detention Staff Training

Another reason for the Pere Marquette Institute was
the need for staff training (Grass Roots and NJDA,
1990). Matthews saw national training efforts as a
way to sustain ongoing interaction among detention
staff. He assigned training responsibilities to Dr.
Tom Hughes, a faculty member at the Delinquency
Study and Youth Development Center. Hughes secured
funding through the Office of Juvenile Delinquency
to conduct regional training programs for detention
staff.

Much of the experience gained in training detention
staff has been transferred to the Detention Basic
Training programs operated by the University of
Illinois at Springfield Center for Legal Studies.
Coordinated by Hughes, the program is a 40-hour
introductory training program, accredited by the
American Probation and Parole Association.

National Council of Juvenile and Family Court
Judges (NCJFCJ)

During the past several years, NCJFCJ has been
greatly interested in NJDA. Gerald Wittman, a
previous NCJFCJ training director, helped establish
NJDA when he worked for HEW, the Federal
predecessor to the Department of Health and Human
Services (HHS). This contribution was always a
point of pride for Wittman, who displayed in his
office a photograph of himself receiving an award
from John Holmes, a former executive director of
NJDA.

During the past decade, NCJFCJ collaborated with
NJDA to sponsor three national institutes on
juvenile detention issues. The first institute
convened in 1985 in Las Vegas, Nevada. The second
convened in June 1988 in San Antonio, Texas, while
the third assembled in June 1990 in Las Vegas.
These institutes addressed major juvenile detention
issues that interested judges, detention personnel,
and other court staff.

On a statewide level, NCJFCJ has actively
collaborated with the New York Juvenile Detention
Association for the past several years, aiding its
annual April conference. Similarly, NCJFCJ has
assisted the New Jersey Juvenile Detention
Association with its annual conference.

Each March, NCJFCJ, in conjunction with the
National District Attorneys Association, sponsors
the National Conference on Juvenile Justice.
Detention professionals often participate in the
meeting, which addresses specific detention issues
and general interest topics that benefit detention
staff. When finances permit, NCJFCJ also provides
States with assistance for their juvenile justice
conferences. Although detention may not be the only
specialization presented at these conferences,
numerous detention professionals attend.

Detention is a critical part of the juvenile
justice continuum, and detention services often
fall within the jurisdiction of the judicial
branch. Although NCJFCJ's general philosophy is to
work collaboratively while providing the
specialized continuing education of judges, it
believes that nothing in juvenile justice is
foreign to its training enterprise.

American Correctional Association (ACA)

The ACA standards are perhaps the most significant
event in detention training history. Although the
training standards present a comprehensive list of
topic areas, the required training hours have
redefined the importance of training. ACA requires
160 hours of actual training during the first year
of employment (40 hours of preservice orientation
and 120 hours of specialized training) and 40 hours
annually thereafter (1991:23). By contrast, in
detention facilities where staff often receive no
more than 8 to 10 hours of training per year, the
standards seem very strict. 

During the 1980's, ACA made substantial
contributions to juvenile detention training. ACA
provided regional training, correspondence courses,
onsite training, and staff certification for
trainers (Taylor, 1985). ACA worked with the
National Institute of Corrections (NIC) to develop
a training program designed to create competent
trainers within the ranks of correctional staff
(American Correctional Association, 1981). Limited
resources have increased the importance of
inservice training programs, and the Training Staff
Trainers (TST) certification appears to be a
cost-efficient strategy that increases the amount
and quality of inservice training hours provided.
Juvenile detention was included in this concept.

Reform in Massachusetts

In 1969, the Massachusetts Director of Youth
Services resigned after a series of crises in the
State's training schools. His successor, Dr. Jerome
Miller, took office with a mandate to develop new
programs. During the next 2 years, Miller worked to
establish therapeutic communities within the
State's existing training schools. Adherents of the
old custodial philosophy resisted his reforms. By
1971, Miller concluded that therapeutic communities
could not be run successfully within the
traditional training schools; so he closed them.
They were replaced by a network of decentralized
community-based services and a few small secure-
care units for violent juvenile offenders.

The Massachusetts revolution constituted the most
sweeping reform in youth corrections in the United
States since the establishment of juvenile training
schools and juvenile courts in the 19th century. It
demonstrated that juvenile corrections need not be
centered around large training schools. Because the
essential components of the community-based system
are still in place, the Massachusetts experience
serves as proof that deinstitutionalization and
diversion can be implemented without destroying the
rehabilitation goal of juvenile justice or
compromising the community protection goal. For
more information on the Massachusetts experience,
see Loughran (n.d.) and Miller (1991).

The effects of the Massachusetts experience on
juvenile detention have been varied. The continued
positive evaluations of Massachusetts have
encouraged other States and local jurisdictions to
explore and implement risk assessment devices to
divert offenders from secure detention. There has
been a greater confidence in community-based
alternatives, which have eased or reduced the
crowding in juvenile detention facilities. However,
a secondary effect felt by detention staff is the
further distillation of the detention population,
leaving more serious and violent youth
incarcerated. Although this outcome is predictable
given the current philosophy about juvenile
delinquency treatment and prevention (see page 17
for the Comprehensive Plan by Wilson and Howell),
most detention facilities have had neither the time
nor the resources to respond adequately to these
changes.

Juvenile Justice and Delinquency Prevention Act of
1974

In response to the inadequacies of the Juvenile
Delinquency Prevention and Control Act of 1968 and
its administration in HEW, Congress passed the
Juvenile Justice and Delinquency Prevention Act
(JJDPA) of 1974. JJDPA created the Office of
Juvenile Justice and Delinquency Prevention
(OJJDP), which was charged with administering the
Act, and established the office within the U.S.
Department of Justice. The major provisions of
JJDPA focused on deinstitutionalizing status
offenders and nonoffenders and separating
incarcerated juveniles from adults. (The 1980
Amendments to JJDPA added the jail removal
mandate.) To receive their share of Federal funds
under JJDPA, States were required to comply with
these requirements. Other major purposes of JJDPA
included delinquency prevention, development of
community-based alternatives to the juvenile
justice system, and improvements in the juvenile
justice system (Sweet, 1991).

Deinstitutionalization of Status Offenders

The National Council on Crime and Delinquency
Survey. At the request of the President's
Commission on Law Enforcement and the
Administration of Justice, the National Council on
Crime and Delinquency (NCCD) surveyed State and
local correctional agencies and institutions across
the United States in 1966. The survey documented
extensive use of detention facilities to house
juveniles accused of noncriminal conduct. Although
such detention was permitted under broadly written
State juvenile court statutes, it often occurred
without the benefit of court petitions. Wide
variations in detention rates and lengths of stay
compounded the problem (Sweet, 1991). NCCD
concluded that "confusion and misuse pervade
detention. It has come to be used by police and
probation officers as a disposition; judges use it
for punishment, protection, [and] storage" (1967).
As a result, NCCD recommended that:

No child should be placed in any detention facility
unless he is a delinquent or alleged delinquent and
there is a substantial probability that he will
commit an offense dangerous to himself or the
community or will run away pending court
disposition. He should not be detained for
punishment or for someone's convenience. (p. 211)

The National Advisory Commission. The National
Advisory Commission (NAC) on Criminal Justice
Standards and Goals identified its own concerns
regarding detention problems, observing that status
offenders made up at least 50 percent of most
detention populations (1974). This percentage and
the deplorable conditions found in detention
centers and jails prompted NAC to propose the
following:

o The delinquency jurisdiction of the court should
be limited to those juveniles who commit acts that
if committed by an adult would be criminal, and
juveniles accused of delinquent conduct should not,
under any circumstances, be detained in facilities
designed to house adults accused or convicted of
crime.

o Detention should be considered as a last resort
when no other reasonable alternative is available.

o Detention should be used only when the juvenile
has no parent, guardian, custodian, or other person
who can provide supervision and care for the youth
and who can ensure the youth's presence at
subsequent judicial hearings.

o Juveniles should not be detained in jails,
lockups, or other facilities used for adults.

NAC recommended that juvenile courts should only be
authorized to institutionalize delinquents whose
offenses would be crimes if committed by adults.

State Plan. JJDPA initially required that States
wishing to receive Formula Grant Funds submit a
plan that would "provide within two years after
submission of the plan that juveniles who are
charged with or who have committed offenses that
would not be criminal if committed by an adult,
shall not be placed in juvenile detention or
correctional facilities, but must be placed in
shelter facilities." This provision became known as
the "deinstitutionalization of status offenders"
(DSO) requirement. JJDPA further directed that
participating States "provide for an adequate
system of monitoring jails, detention facilities,
and correctional facilities to insure that the
[DSO] ... requirements are met, and for annual
reporting of the result of such monitoring to the
Administrator" (Sweet, 1991).

Standards Movement in Juvenile Detention

Another significant event in the history of
juvenile detention is the professional standards
movement. The focus on standards identified and
legitimized juvenile detention as an integral part
of the juvenile justice system. Previously,
juvenile detention had been obscured by the secrecy
of the juvenile court and had been referred to as a
"hidden closet" (Schwartz, Fishman, Hatfield,
Krisberg, and Eisikovitz, 1985). ACA's Standards
for Juvenile Detention Facilities, published in
1979, generated intense concern within the juvenile
detention and juvenile justice communities about
the role of detention, its mission and vision, and
its purpose and goals. Although ACA deserves much
credit, the idea that professional standards are
the mechanisms that bring detention into full
recognition has a long history.

The National Conference Report

In 1923, the Children's Bureau, in cooperation with
the National Probation Association (NPA), published
the first official juvenile court standards,
including little more than one page on juvenile
detention (Norman, 1957). These standards stressed
three points: (a) keeping children out of jails and
police lockups, (b) using detention only when it
was absolutely necessary, and (c) keeping detention
as short as possible. In 1930, NPA conducted the
first systematic study of detention, surveying 141
detention homes. The survey report was the first
comprehensive description of detention practices.

In 1945, the NPA--now called the National Probation
and Parole Association (NPPA)--conducted another
study of juvenile detention to determine the best
examples of all types of detention so that
principles and standards could be established. For
the study, 68 facilities in 22 States were visited.

The results were reported at the 1946 National
Conference on the Prevention and Control of
Delinquency and published as the Report on Juvenile
Detention (National Conference, 1947). The report,
which contained 13 basic standards for juvenile
detention, was the first effort at detention
standards development and shaped contemporary
juvenile detention standards. These 13 standards
were the forerunner of NCCD's Standards and Guides,
published in 1958. The standards of good juvenile
detention care identified in the Report on Juvenile
Detention are as follows: 

o No child is ever held in a jail or prison lockup.

o Detention intake controls are established by the
juvenile court with the cooperation of the police
and other agencies.

o The length of detention is as short as possible,
less than 1 week as a rule. 

o The types of facilities chosen are based on the
real detention needs of the community, as
determined by survey and evaluation. 

o Building design and construction are adapted to
the special demands of detention care, with
emphasis being placed not only on cheerfulness,
livability, and ease of maintenance, but on
flexibility and ease of supervision. 

o The administrating agency is one that specializes
in the field of child care and can guarantee
programs that will make detention a constructive
preparation for the child's future rehabilitation. 

o The program not only provides good physical and
custodial care but meets the nonphysical needs of
children through activities that challenge the
interest of each age group, including a varied and
stimulating educational program, social life and
recreation, and spiritual guidance. 

o The staff is large enough to ensure the night and
day supervision of small groups and is competent to
handle the problems of maladjusted children
compassionately and intelligently. 

o Medical examinations are given to every child
admitted, and a trained nurse is employed in larger
institutions. 

o Clinical child guidance services are available to
provide first aid treatment for acute emotional
disturbances and for more intensive study. 

o Comprehensive, confidential records are kept to
provide information to the court and other agencies
concerned and to allow periodic evaluation of
detention practices. 

o The school program is under the supervision of
the local board of education, and curriculum
adjustment is made to stimulate the interest of
pupils and to meet their individual needs. 

o Persistent effort is made to promote public
education and cooperation because they are
essential in maintaining a good detention program
(National Conference, 1947:18-20).

NPPA National Survey

As NPPA detention consultant, Sherwood Norman, a
former superintendent of the Chatham County
Juvenile Detention Center in Savannah, Georgia,
conducted the 1945 survey of juvenile detention
(mentioned above). In addition to the development
of basic standards for detention care, Norman
identified numerous issues facing juvenile
detention. Most of these issues reflect similar
problems currently facing detention (Roush, 1992).
For example, Norman (1949, 1951, 1957) discovered a
variety of detention practices because of the
absence of a clear definition of juvenile
detention. Furthermore, the inability to control
intake meant that detention facilities were crowded
and that there was an unhealthy commingling of
youth who were classified as dependent-neglected,
status offenders, misdemeanants, and felons. 

Norman was also one of the first to comment on the
new architecture for juvenile detention facilities.
Post-World War II construction of juvenile
detention facilities was influenced by his
perspectives. Previously, juvenile detention
facilities reflected a multitude of design
strategies. Norman stressed that form follows
function and that juvenile detention has specific
and unique functions that dictate special
architectural strategies. He was concerned that
juvenile detention facilities would become jails
for juveniles, reflecting the hard and austere
architectural designs of adult jails. 

The NPPA survey, Report on Juvenile Detention, and
the publication of NCCD's Standards and Guides in
1958 established Sherwood Norman as the most
influential force in juvenile detention and
standards development. His concepts--(a)
programming, (b) small, secure detention
facilities, (c) detention as a process instead of a
place, (d) regional detention, (e) nonsecure
detention, (f) a continuum of services, and (g)
counseling as a component of daily programs--have
had a significant impact on the current role of
juvenile detention. His writings have influenced
many, and the Standards and Guides remains a
classic in detention literature. Because it is out
of print, NJDA published excerpts in the spring
1990 (Vol. 5) edition of the Journal for Juvenile
Justice and Detention Services. (For additional
information about Norman's philosophy of detention,
see Roush, 1993b.)

ACA Standards

Under the leadership of Anthony Travisono and
William Taylor, the ACA professional standards
movement focused attention on the essential
components of juvenile detention. Standards
development addressed the nature and quality of
adequate services offered to the offender. Because
ACA included juvenile detention in the standards
development process, detention received an instant
boost in legitimacy. Although many practitioners
wanted NJDA to develop the professional standards
for juvenile detention, it did not have the
resources to accomplish this task. Therefore, ACA
invited key leaders from NJDA to help prepare an
initial draft of juvenile detention standards.

After several years of work, the NJDA detention
standards team--composed of Donald Hammergren,
James Jordan, and Richard Kelley (all students of
Sherwood Norman)--presented a final draft of
juvenile detention standards to the NJDA membership
at its 1978 annual meeting in Fort Wayne, Indiana.
After modifications by the ACA Standards Committee,
ACA published the first edition of the Standards
for Juvenile Detention Facilities in 1979. The
second edition was published in 1983, and the third
edition was released in 1992. Each revision
streamlined the standards in an attempt to make
them more relevant to the daily practices of
juvenile detention. In 1981, NJDA formally endorsed
the ACA standards as "the best guidelines for the
operation of juvenile detention."

Accreditation. Standards development represents
half of ACA's contribution to this important
process. Accreditation is the mechanism that
substantiates an institution's compliance with
professional standards. A team of three ACA-trained
auditors conducts a 3-day, onsite review of a
facility's standards, policies and procedures,
programs, staff, and residents to determine the
level of compliance with ACA's standards. If the
institution is in compliance with 100 percent of
the applicable mandatory standards and 90 percent
or more of the applicable nonmandatory standards,
the institution is accredited by ACA. Accreditation
is seen as a hallmark event for detention
facilities, resulting in more efficient operation,
improved ability to secure an adequate budget,
increased staff morale, improved professionalism,
and increased resistance to liability (Roush,
1990a:71-76).

Since the early 1980's, relatively few juvenile
detention facilities have pursued accreditation.
According to ACA, less than 10 percent of detention
facilities are accredited. The following reasons
explain why the field of juvenile detention has not
responded favorably to involvement in the
accreditation process:

o Initially, practitioners complained that the cost
of accreditation was excessive for small detention
facilities with a capacity of 50 beds or fewer.
(ACA responded by creating sliding-scale fees and
by developing a set of standards for detention
facilities with a capacity of 20 beds or fewer.)

o Practitioners do not like standards that are
policy based as opposed to being outcome based. In
other words, an institution could be in compliance
with a standard merely by having a policy that
might not be put into practice. This complaint was
one of the major findings of the OJJDP Study of
Conditions of Confinement (Parent, Leiter, Kennedy,
Livens, Wentworth, and Wilcox, 1994), resulting in
a debate over the relationship between standards
compliance and improved conditions of confinement.

o Practitioners complained that each revision of
the standards actually weakened the requirements
for performance-based or practice-related outcomes.
Law professor Lynn Branham (1993) examined the
evolution of ACA's adult standards and concluded
that many do not even require a daily practice that
safeguards basic constitutional rights.

o Since the early 1980's, many States have
initiated or strengthened the standards development
process within their departments of social services
or child welfare licensing. A State-operated
inspection process, conducted by an independent
third party and paid for by the State, appeared to
many juvenile detention professionals and juvenile
court judges to be as attractive and equally
effective as ACA accreditation.

o Litigation by the Youth Law Center revealed that
policy-based criticisms of standards are accurate,
and successful litigation was conducted against
accredited facilities, raising significant concerns
among practitioners about the claims that
accreditation is the best defense against
liability.

The future of accreditation in juvenile detention
remains uncertain. Despite its great appeal to
practitioners, the integrity of the process has
been threatened. The call for performance-based
standards issued by OJJDP may be the event that
redefines accreditation for juvenile detention
facilities. With the increasing concern over
litigation and legal liability of staff, it will be
interesting to follow the continuing evolution of
the standards and accreditation processes.

Balanced Approach

LaMar Empey (1985) reviewed the history of
childhood and the juvenile court system, examining
the theories that shaped juvenile justice policy
during the first 70 years. In the following quote,
he encapsulates this examination:

In the 19th century Americans were convinced that
family depravity was at the root of delinquent
behavior. That is why they constructed asylums and
reformatories in an attempt to replicate the
functions of the family and why they invented the
juvenile court to act in lieu of parents.

In the first third of this century biological and
Freudian theories more than reinforced these
beliefs. ... Then, from the 1930's through the
1960's, a variety of theorists insisted that
delinquency could not be understood without
attention to a host of extra-familial factors.
Delinquency must be viewed as an understandable
response to these conditions (poverty,
discrimination, inequality and the demoralization
that follows). Peer groups and youth subcultures
encourage delinquency because it makes sense,
either as a means of gaining status or as a means
of pursuing success illegitimately.

Finally, in the 1970's, the role of the family was
reemphasized. But even then, it was not seen as an
exclusive cause of lawbreaking. Rather ... the
result of failures in the socialization process
which, while beginning in the family, also took
place in the school and other youth serving
institutions. (pp. 26-27)

As juvenile justice faces its second century, the
lessons learned from the first 100 years reflect
the need for a balanced approach to services for
children and families. Maloney, Romig, and
Armstrong (1988) observed that the swinging
pendulum of social thought that shaped juvenile
justice policy in the late 1960's and early 1970's
was directed by liberals who reacted to the
perceived shortcoming and failure of the court,
which committed large numbers of juveniles to
institutions for indefinite periods of time in the
name of treatment. The response was a shift in
corrections policy, choosing community-based
programming and closing juvenile training schools
in some States. This push led to a substantial
deemphasis on procedures and activities related to
concerns for offender accountability and community
protection. Proponents of this philosophy wanted to
decriminalize, deinstitutionalize, and divert youth
from the juvenile justice system.

In response to criticism that the movement was soft
on crime and a perception that serious crime by
juveniles was increasing, the pendulum was
beginning to swing toward law enforcement and
harsher sanctions by the 1980's. State legislatures
responded by passing reforms that permitted
mandatory sentencing and automatic waiver-transfer
to criminal court jurisdiction. In describing these
changes, Hutzler (1982) suggested that some of
these legislative responses were designed to remove
certain offenders from the protection of the
juvenile system to deal with them as criminals in
criminal court. However, other legislative
approaches altered the basic principles of the
juvenile justice system, requiring the juvenile
court to adopt criminal justice policies and to
treat certain offenders as criminals within the
juvenile justice system. Some observers noted that
treatment and rehabilitation, judicial discretion,
and individualized justice were dismissed in favor
of a just deserts philosophy that included a
mechanical, mass handling of juvenile offenders who
were defined primarily in terms of legal categories
(Maloney, Romig, and Armstrong, 1988).

Different Issues or Different Juveniles?

Many experts in juvenile justice say that the
critical issues facing juvenile detention have
remained somewhat constant (i.e., overcrowding,
lack of adequately trained staff, lack of programs,
and inadequate financial resources). Others note
that during the past few decades, the role of
juvenile detention in the juvenile justice system
has changed. In particular, the past several years
have seen a renewed emphasis on juvenile detention
by OJJDP and professional associations, such as
NJDA and ACA.

James Bell of the Youth Law Center warns, however,
that the very nature of juvenile detention is
fundamentally different because of changes in the
population of detained youth. The changes in
juvenile justice during the past three decades have
altered the basic characteristics of today's
detained youth. These youth are typically older,
more aggressive, and more emotionally and
developmentally troubled. They also are minorities
charged with serious or violent offenses (Pecora,
Dodson, Teather, and Whittaker, 1983:395).

Juvenile corrections and probation are changing
extensively as new punitive laws and guidelines are
adopted across the country. The accompanying
policies--which decriminalize status offenses,
divert minor or first offenders, and provide
community-based corrections for all but the most
serious offenders--also increase the length of stay
in correctional and detention facilities and ensure
that those who are locked up are the most troubled
and troublesome offenders (Pecora and Fraser,
1988).

One review of the juvenile justice system
identifies four challenges facing the future, and
although each is significant, they combine to
create an impending crisis for juvenile detention
and corrections. These challenges include:

o Frequency. The increased rate of referrals to the
court for serious juvenile crime, including drug
crimes and weapons offenses, has placed a strain on
juvenile justice services (e.g., over-crowded
institutions and excessive probation caseloads) to
the extent that services and effectiveness are
suffering.

o Intensity. Because youth are more frequently
using violence as a problem-solving strategy, the
youth entering the juvenile justice system require
additional, highly specialized programs and
services.

o Resources. The decreased financial resources
available to juvenile justice agencies and
institutions require them to offer more services
with less funding.

o Efficiency. Governmental systems are becoming
less able to deliver effective services because of
complexity and bureaucratic dysfunction (Roush,
1993b). 

Part II of this Desktop Guide describes the
critical areas of practice for the juvenile
detention professional, adopting a more balanced
approach to detention services. Such an approach
acknowledges the potential value of applying, to
some degree, an entire set of principles--community
protection, accountability, competency development
and/or treatment, and individualized assessment and
classification--in an attempt to define "best
practices" (Huskey, 1994). In describing the
balanced approach concept, Maloney, Romig, and
Armstrong (1988) suggested that the particular
circumstances of the delinquent act, the offender's
culpability, and other social or psychological
factors of the youth would play a determining role
in how the system will respond. A policy decision
to consider the possible relevance of each
principle in each case is a significant step toward
avoiding the extreme remedies characterizing both
ends of the pendulum's swing.

A New Paradigm? The balanced approach is a holistic
perspective of juvenile justice interventions. Much
of what is included in the balanced approach has a
history of success, regardless of the dominant
political philosophy. The balanced approach calls
attention to the fallacy that the truth is the sole
property of one philosophical or ideological
perspective. Some would argue that the original
goals and objectives of the juvenile court are as
relevant today as they were in 1899 and that the
past century has provided insight on how to
implement these goals and objectives with maximum
efficiency. Rethinking juvenile justice is a worthy
endeavor, and it should be a priority for each new
staff member to think critically about his or her
job and how it affects youth.

A Comprehensive Strategy

Although the juvenile justice system is currently
facing problems related to issues such as the
impact of drugs, disproportionate numbers of
minority youth in placement, overcrowding in
public-sector treatment programs, and limited
funding, the system is poised to respond and is
committed to meeting the challenges that these
problems represent. OJJDP has outlined a balanced
strategy for delinquency prevention and
intervention (Wilson and Howell, 1993). The
strategy incorporates essential research findings
and practitioner perspectives. It has encountered
widespread support as a model for delinquency
prevention and intervention. The strategy contains
three components: general principles, prevention
strategies, and intervention guidelines.

General Principles

The following general principles provide the
framework for the delinquency prevention and
intervention strategy: 

o Strengthen the ability of the family to fulfill
its primary obligations to instill prosocial values
in younger generations.

o Provide family surrogates to nurture children
when no functional family unit is available.

o Support core social institutions (i.e., the
school, religious institutions, and community
organizations) in their role of developing capable,
mature, and responsible youth.

o Intervene immediately and effectively when
delinquent behavior occurs in order to successfully
prevent delinquent offenders from becoming chronic
offenders. The movement within the adult criminal
justice system toward greater severity of
punishment and sanctions may have resulted from the
failure to apply the classical criminological tenet
that the effectiveness of punishment as a deterrent
is more a function of its swiftness and certainty
rather than its severity.

o Identify and control the small group of serious,
violent, and chronic juvenile offenders who have
committed felony offenses or who have failed to
respond to intervention and community-based
treatment and rehabilitation services.

Prevention Strategies

Prevention strategies focus on the five categories
that current research has identified as causes and
correlates of delinquency: individual
characteristics, family influences, school
experiences, peer-group influences, and
neighborhood and community. The following
prevention strategies target each of these five
categories:

o Much of the difficulty with children can be
traced to a decline in values and appropriate
social skills. Prevention strategies must include
the development of moral, spiritual, and civic
values along with opportunities to acquire a
variety of social and vocational skills. 

o Parents must be fully involved in the plan to
help youth and must be accorded full partnership.
Prevention programs must strengthen the family
(National Coalition,1993). Interventions should be
at the earliest point of impact in order to reduce
negative family involvement factors, such as
parental rejection, inadequate supervision,
inconsistent discipline, family conflict, marital
discord, physical violence, and child abuse
(Christensen, Bowling, and Schauer, 1991).

o Outside of the family, the school has the
greatest influence on the lives of children and
youth. Carbone (1989) maintains that education is
rehabilitation for all at-risk youth. For this
reason, prevention efforts should focus on
increasing the attachments of youth to the school
experience and to teachers through the following
outcomes: reduction in the number of dropouts to
the lowest level possible, reduction in the number
of suspensions and expulsions, reassessment of
truancy as a school-related problem, use of
violence reduction programs, use of alcohol and
other drug prevention programs, and development of
alternative programs through school-linked services
(Koppich and Kirst, 1993; and Jehl and Kirst,
1993).

o Research indicates that delinquent behavior is
strongly correlated with delinquent, drug-using
peers and gang membership. In particular, gangs
fulfill a very powerful need for belonging and
affiliation. Prevention efforts must address
peer-group influences, particularly gang membership
(National Coalition, 1993).

o Although children do not choose where they live,
a safe environment is important. Neighborhood and
community prevention programs should include safe
havens for youth, neighborhood mobilization for
community safety, drug-free school zones,
church-sponsored afterschool programs and tutoring,
recreation, mentoring, cultural activities,
community and business partnerships, foster
grandparents, job training, and apprenticeships for
youth. It is important to underscore the
job-related element of neighborhood and community
intervention. In the absence of meaningful
employment, drug-related activities take on an
employment characteristic. The sale of illegal
drugs is an employment opportunity for many young
people whose skill deficits prevent them from
accessing legitimate jobs (Taylor, 1990).

Intervention Guidelines

The strategy's intervention guidelines include a
system of graduated sanctions. Although the full
description of these guidelines is more than can be
covered in this section, OJJDP developed a manual
for the implementation of the strategy (Howell,
ed., 1995), and it is available through the
National Criminal Justice Reference Service
(NCJRS). 

Summary

The rethinking of juvenile justice in the light of
three decades of conflicting policies has led to:

o A balanced approach to juvenile justice that is
inclusive rather than exclusive of effective
concepts, programs, and ideas and that recognizes
the holistic nature of delinquency prevention by
placing a greater emphasis on the family,
community, meaningful employment, and aftercare
services.

o Greatly improved research capabilities that have
facilitated the gathering of more accurate
statistics and the establishment of an empirical,
research-driven set of criteria for evaluating
effectiveness principles.

o The development of a continuum of services that
more accurately meets the needs of the offender,
while safeguarding community protection and
providing cost-effective services.

o A shift to a social competence model that
includes (a) a developmental, ecological, and
skill-based approach to working with the juvenile
offender and (b) an emphasis on the identification
of skill deficits associated with delinquency and
on the effective matching of programs to remedy
these needs.

o The development and dissemination of effective
program models (Roush, 1993a).

In 1968, Robert Perkins, executive director of the
Youth Study Center in Philadelphia, addressed his
colleagues at the Pere Marquette Institute. He
described how the Hennepin County (Minnesota)
Juvenile Detention Center graphically interpreted
the paradox of a balanced approach to good juvenile
detention by adopting a pictorial symbol for the
center's logo. Represented as a crest or seal, the
symbol proclaimed, "Youth Detention Has Two Hands,"
and it displayed two hands--a vertical hand
inscribed with the word "Control" and a horizontal
hand inscribed with the word "Guidance" (Perkins,
1968:69).

Endnotes

1 Much of the historical material regarding the
reform movements and the origins of the juvenile
court and probation is from the Desktop Guide to
Good Juvenile Probation Practice (National Center
for Juvenile Justice, 1991) and Toward the Year
2000: A Blueprint for Excellence (Pennsylvania
Juvenile Justice Task Force, 1991). Both are
excellent resources and warrant special
consideration.

------------------------------

Chapter 2 Juvenile Detention and the Law

Juvenile detention is a key component of the
juvenile justice system. One of the primary aims of
juvenile justice is to separate juveniles from
adults. Juvenile detention serves this function,
providing separate buildings in which to house
juveniles and a separate staff operating under a
different set of guidelines. Furthermore, under
modern theories of juvenile justice, as many
juveniles as possible should be diverted from the
formal court system, using detention only for those
youth who need supervision. Knowledgeable,
considerate, and humane individuals are needed to
work with these youth. Detention staff have a great
challenge. They must work with the most difficult
youth, under difficult circumstances, and in a
facility where the juvenile is being unwillingly
detained.

The juvenile caregiver must be familiar with law.
First, the detention center is a component of the
legal system and is governed itself by law. Laws
provide the basic rules that define and authorize
staff behavior in relation to the juvenile. Second,
all of the minors who find themselves in detention
are in the system because of alleged violations of
the law. The legal system is about to make a
decision that will have some impact on the lives of
these minors. Detention staff often are in a
position to explain the system to the youth.
Furthermore, detention staff have a voice and an
obligation to participate in that decisionmaking
process. Each juvenile caregiver must learn as much
as possible about the law. Because some people
comprehend legal issues better than others, those
staff and supervisors who are interested in law
should be identified and contacted whenever legal
questions arise. 

Law and Discretion

Law is often viewed as the opposite of discretion.
Yet, the juvenile justice system vests vast amounts
of discretion in the various participants of the
system. Police, probation officers, and judges all
have a great deal of discretion in deciding which
cases will be brought into the system and which
manner will be used to handle them.

Detention also requires a great deal of discretion.
Detention intake staff in many communities are
authorized to determine who is held and who is
released from detention. When youth are placed in
detention, staff have a voice in establishing the
nature of programming and security needed for each
youth.

The simple fact is that the legal system cannot
function without discretion. It would simply be too
rigid. Furthermore, the whole idea of
individualized justice, which is a hallmark of the
juvenile justice system, is based on discretion.
Juvenile justice practitioners need the flexibility
to examine the individual's situation and make a
determination that balances the minor's best
interest against the interests of society.

The solution to the law versus discretion tension
is not to think of the terms "law" and "discretion"
as opposites, but rather to view law as a means of
controlling discretion. If both law and discretion
are necessary in a properly administered legal
system, the question then becomes, What is the
right mix of discretion and law? Discretion must be
recognized, but it also must be confined,
structured, and checked.

Controlling Discretion

The most effective way to ensure the appropriate
exercise of discretion is: 

o Hiring the best possible people who have been
trained and who accept the philosophy of the
juvenile justice system. 

o Developing policies and guidelines that authorize
discretion, identify who may exercise discretion
and when it may be exercised, and establish
criteria and standards for exercising discretion. 

o Having a personnel system that allows for
consultation and for monitoring and review of
decisions. Procedures such as writing up unusual
incident reports and obtaining a supervisor's
permission are informal means of structuring and
checking discretion.

In many ways, the various stages of the juvenile
justice system provide checks upon the discretion
of others in the system. The discretion of the
police is checked by the intake screening aspect of
juvenile detention, and the juvenile court checks
the discretion of both at a detention hearing.

The purpose of this chapter is to give you, the new
juvenile detention caregiver, information about the
law so that you can do your job better. This
information will help you identify the discretion
you have and the limits of that discretion. One way
to understand the law is to view it as a set of
rules that confines, structures, and checks the
behavior of individuals. The law establishes
rights, responsibilities, and the means to enforce
them. Your job is valuable to the legal system, and
at the very least, a limited knowledge of the law
is essential.

Law may be defined as the rules that govern a
person's behavior and decisions. Figure 1 is a list
of the major sources of the rules governing
detention. The juvenile caregiver should have
general familiarity with the sources of law. Each
of the sources will be discussed briefly in the
section that follows. A more detailed description
of the Juvenile Court Act and the laws governing
liability will be given later in this chapter.

----------

Figure 1: Sources of Law

(1) Policies and Procedures Manual of the Detention
Center

(2) Local Practices of the Juvenile Court

(3) State Juvenile Court Act

(4) State and Federal Laws Relating to Delinquency

(5) Related Laws, Statutes, and Case Law

----------

Although the list includes formal sources of law,
such as statutes, it starts with the local policies
and procedures manual.

The local policies and procedures manual is the
most important resource about the concerns of
detention. If your bosses (administrative
personnel) are doing their job, the manual should
be consistent with the more formal sources of law
on the list. A good detention center must have
written policies, and the staff should take the
time to know them. Supervisors should be available
to help staff interpret and follow the policies.
Furthermore, the policies should be reviewed
periodically by administrators and staff and
revised as needed.

Local Detention Policies and Procedures Manual

The manual gives detention staff the rules that
govern their day-to-day activities with youth. It
defines who has discretion, provides a structure to
exercise that discretion, and establishes a way to
check that discretion. Policy manuals are basically
authorizations for staff to take actions regarding
youth and guidelines for these actions. For
example, policies establishing criteria for
admitting youth to detention illustrate ways to
confine discretion. Staff case planning meetings
and reviews of unusual incident reports also are
examples of methods for checking and structuring
discretion. If the manual is properly written and
kept up to date, it should incorporate all of the
formal sources of law that relate directly to the
internal operations of a detention center.
Obviously, it does not deal with those aspects of
the juvenile justice system that are outside the
control of detention. Furthermore, no manual can be
complete, no matter how thorough. If a staff member
thinks that a legal problem exists, he or she
should ask senior staff or a supervisor about the
problem. 

The manual also establishes standards of reasonable
staff behavior. In situations concerning the
liability of detention staff, courts often are
asked to determine whether staff behavior was
reasonable under the circumstances and whether the
employee was undertaking an activity included in
his or her job duties. In legal terms, the question
is whether the employee is operating within the
"course and scope" of employment. The procedures
manual is the most important source for answering
these questions. To minimize the risk of liability,
detention staff should always follow the book. If a
lawsuit is filed and if staff are engaged in
authorized activities, reasonableness and "good
faith" defenses can be raised. Furthermore, many
detention centers will provide legal counsel and
pay any resulting judgments if the employee was
acting in the course and scope of employment. A
more detailed discussion of liability issues
appears later in this chapter.

Staff should read the institution's policies and
procedures manual carefully and be trained in
standard operating procedures. The manual should be
reviewed and updated periodically to address new
developments in terms of legal responsibilities and
in terms of good detention practices. All staff
should have a voice in the review process.

A detention center without a manual should develop
one as soon as possible. Not having a manual does
not mean that the center lacks procedures. It only
means that they are not written down (which makes
establishing what they are more difficult), and
staff members have no clear guidelines to follow or
to use for training. A center without written
policies could suffer if a legal dispute arises.

Local Practices of the Juvenile Court

Detention staff must be aware of the local legal
traditions and culture regarding juvenile detention
and the juvenile justice system. Juvenile justice
varies from county to county almost as much as it
does from State to State. It also varies depending
on the philosophy and values of the presiding
juvenile judge. For example, some judges are more
willing to use detention, while others are more
supportive of diversion. Local practices and
traditions will have a great impact on the role
that detention plays in the juvenile justice
system. Immense differences exist in the way
detention is administered from county to county.
These differences are particularly obvious in
detention systems that are not administered by a
statewide agency.

Juvenile practice vests considerable discretion in
the various people who make decisions about youth
in the system. Juvenile judges have considerable
flexibility in the way they decide cases and in
their use of juvenile court resources. For a
variety of reasons, the number of appellate cases
interpreting juvenile laws is limited, and the
likelihood of an appeal from any particular case is
small. The juvenile judge in many systems is also
the chief administrative officer and, as such, has
a voice in the policies developed by probation,
detention, and other court resources.

Detention administrators should communicate
periodically with the juvenile judge and other
practioners in the juvenile justice system to
minimize disagreement and conflicts that may arise
over the appropriate use of detention. The
community should have a consensus about the
appropriate role of detention. The procedures
manual should be revised to reflect this consensus
and any changes in practice. Staff should be
advised about any changes and should be encouraged
to discuss local juvenile justice practices.

Juvenile Court Act of the State

The most important source of law--other than the
procedures manual and local practice--is the
juvenile court act. The juvenile court act outlines
the process of how a case moves through the system
and gives general guidelines to the various
decisionmakers in the juvenile justice system. A
copy of the juvenile court act of the State should
be available to staff in each detention center, and
a general familiarity with its terms and
provisions, or at least those sections dealing with
detention, should be required of all staff.

Much of the remainder of this chapter will describe
the typical juvenile court requirements. Because
this chapter is written for a national audience, it
does not address specific requirements, such as
time limits and other issues that exist in each
particular State. However, most juvenile court acts
follow a chronological pattern and raise similar
issues. Having access to a juvenile court act and
reading it in conjunction with these materials will
increase your understanding. At the end of this
chapter is a list of questions that should be
answered using the juvenile court act of your
State. 

Some detention administrators and staff should have
more extensive training on juvenile court practices
and procedures. A few staff members who find law
interesting can serve as resources for the rest of
the staff. Retaining an attorney or paralegal who
can keep detention administrators and staff
apprised of juvenile court act changes might be
helpful. A judge, a prosecuting attorney, or a
public defender may serve this function. The
juvenile court act is continually being interpreted
by appellate courts, and legislative changes are
common. These changes are available in a law
library, in an annotated version of the juvenile
court act, or in looseleaf services and journals
published for juvenile justice practitioners. Some
method should be established to keep administrators
advised of these developments and to revise the
procedural manual.

State and Federal Statutes Relating to Delinquency

Your State may have a Code of Corrections or a
special statute dealing with detention. The State
often enacts, by administrative rulemaking,
standards and guidelines for detention. These
guidelines cover topics such as physical space
requirements, staffing requirements, and discipline
and programming issues. These standards must be
reviewed periodically. Often, some mechanism exists
to have detention centers inspected to ensure
compliance with these standards.

The Federal Government has become involved with
delinquency primarily as a funding source. One
Federal statute directly involved with detention is
the Juvenile Justice and Delinquency Prevention Act
(JJDPA). This law provides States with funding for
certain delinquency prevention programs but also
requires States to create jail removal programs. As
a result, most States have (a) programs to keep
nondelinquent youth out of jails, lockups, and
adult detention centers and (b) laws regulating the
time and conditions under which delinquent youth
can be held in local jails. (Generally, delinquent
youth should be transferred to detention centers
within a short time period.)

Related Statutes

Numerous other statutes and laws may have an impact
on detention. The most important of these is the
Criminal Code of the State. Most often, youth who
find themselves in detention are there because of a
violation of the criminal laws. Some familiarity
with the elements of the various crimes would be
helpful. Furthermore, youth are in some type of
family situation, and knowledge of family law and
the laws governing education and social welfare
programs may be necessary. Finally, the laws of
negligence and liability should be considered. A
brief overview of the liability laws will be given
later in this chapter. It is obviously impossible
to become an expert on all of these laws, but some
method should be found to keep staff current on
major developments in the law. Staff also should be
aware of the type of legal questions that may arise
in any particular situation and should discuss
these issues with more experienced staff or with
supervisors who may know the answer or will know
how to find the answer to the problem. The most
basic advice to new staff is to recognize that the
law is a complex subject and to be willing to ask
questions.

Juvenile Court Act

Each State has adopted a juvenile court act. The
juvenile court act of the State should be available
and examined. The juvenile court acts of most
States follow a chronological pattern that outlines
the process from the earliest police contact to
posttrial review. Most State juvenile court acts
allow for an alternative to the adversary process
model of the criminal justice system. The materials
that follow review the history and philosophy of
juvenile justice and describe those procedures of
juvenile law that govern detention. 

Juvenile Court Philosophy 

Two basic models of juvenile justice exist--the due
process model and the parens patriae model. Figure
2 illustrates these two concepts. The major
differences between the two are the roles of the
court and the judge. Although these two models are
frequently viewed as opposites, in reality most
juvenile justice practitioners have developed a
philosophy that incorporates elements of both
models.

-----------

Figure 2: Basic Models of Juvenile Justice

Due Process Model

Traditional Court Model:
Court intervenes only for good reasons (e.g., the
commission of a crime)

Parens Patriae Model

Monarchical Court Model:
Court perceives good and bad and provides services
accordingly (e.g., the provision of social
services)

----------

Due Process Model. The due process model is the
traditional model of the court in this country. It
is based on the premise that individuals, including
children, have a right to liberty. They have the
right to act freely without state intervention. The
state may intervene in a person's life only if it
can show valid reason. The commission of a criminal
offense, if proven, is one such reason. Consistent
with theories of adversarial justice, the court
stands as a neutral arbitrator between the state
and the child or family, demanding that the state
prove at a hearing that intervention is necessary.
The term "due process" is derived from the 5th and
14th amendments to the Constitution, which prevent
state interference with life, liberty, or property
without the "due process of law."

Persons who view the court in due process terms
frequently subscribe to classical "free-will"
philosophy and believe that individuals make
choices in life. One choice they make is to engage
in criminal conduct. The purpose of a criminal
justice system is to punish wrongdoers so that they
will be deterred from criminal activities. The
creation of the juvenile justice system is based on
the belief that young people do not have the
maturity and judgment to make sound choices.
Consequently, they should not be held fully
accountable for their actions. Lawyers and law
enforcement officers often approach juvenile
justice from this perspective.

Parens Patriae Model. The parens patriae model is
based on a different philosophy. The court in the
parens patriae model is viewed more as a benevolent
gatekeeper determining what needs exist and
providing social services to children and their
families. The court makes an investigation to
determine if intervention is necessary and often
administers the services in the form of probation
or detention. The fact that the minor does not
perceive these services as helpful is deemed
irrelevant because as guardian of children, the
court is acting in the best interest of the child
and society. 

The phrase parens patriae is Latin for "parent the
king." It is based on the medieval doctrine that
the king--in modern terms, the state or government-
-has the duty to protect children and become the
guardian of children and other less fully competent
individuals. To this day, minors who are
adjudicated as delinquents in juvenile court are
referred to as wards of the court in many States.

Persons who subscribe to the parens patriae model
often approach juvenile justice from a
philosophical position of determinism. They see the
child as controlled by the environment and often
stress the underlying causes of crime, such as
poverty, lack of family support, or poor
educational opportunities. They believe that
children not only have rights, but needs, such as
protection, which enable the child to develop into
a sound and secure adult citizen. The goal of the
juvenile justice system is to give minors the
opportunity, guidance, and services necessary to
allow the maturation and developmental processes to
function. Social workers and others in the helping
professions often approach juvenile justice from
the parens patriae model. 

Balancing the Role of the Court

The original juvenile court attempted to balance
these two views of its role. However, the balance
switched heavily toward the parens patriae model by
the 1950's, and the focus of the court was on
providing services and helping youth. The juvenile
court literature even spoke in terms of trading
rights for care. Unfortunately, the services have
never been given sufficient funds. Rather than
receiving the best of both worlds, youth were
receiving the worst--neither the services nor the
rights. This emphasis on services without requiring
a neutral decisionmaker to review the case
ultimately brought discredit upon an extreme parens
patriae model.

Today, as a result of several Supreme Court cases
and renewed interest in children's rights, the due
process model has been brought into balance. Modern
juvenile court acts once again blend the due
process model with the parens patriae model. The
most important element of this blending is the
separation of adjudication and the dispositional
hearing. Prior to an adjudication and a
determination of delinquency, the youth is entitled
to the safeguards of the due process model. After a
finding of delinquency, court procedures tend to be
less formal, and parens patriae thinking is more
prevalent. 

Because the greatest use of detention is prior to
adjudication, the due process rights of the minor
must be given priority. However, this division
between adjudication and disposition is not
absolute. Many young people are diverted from the
juvenile justice system and receive informal
dispositions, such as station-house adjustments.
Because they are voluntary, these informal programs
eliminate the need for a due process hearing.
Likewise, dispositional hearings and hearings held
after disposition are not without some aspects of
due process.

Placing a youth in detention prior to adjudication
is designed to hold that youth for an adjudication,
not for punishment. Because no due process hearing
has been held, punishment is inappropriate. Due
process also requires a hearing to determine if
placing a youth in detention while awaiting
adjudication is necessary. At a detention hearing,
the state has the burden of introducing evidence to
establish the need for detention. This detention
hearing must comply with due process standards and
must be held on relatively short notice. More
information on the rights of a minor at a detention
hearing will be given in the section on juvenile
court procedures. 

Juvenile Court History

The history of juvenile justice has many rich and
important aspects that are beyond the scope of this
short chapter. This chapter will focus on two
important events--the creation of the first
juvenile court in 1899 and the Gault decision of
the United States Supreme Court in 1967. These
events represent important turning points in the
legal development of juvenile law. A more extensive
article in the Desktop Guide to Good Juvenile
Probation Practice (National Center for Juvenile
Justice, 1991) describes juvenile justice history
in greater detail.

Goals of the Juvenile Court Act

Why are the juvenile court act and the reforms
contained in that Act considered to be milestones
in legal history? Is the juvenile court act still
needed today? Ironically, many respected critics of
juvenile justice argue that a juvenile court act is
no longer needed. In order to answer both
questions, it is necessary to examine the basic
goals of juvenile justice and to ask whether those
goals are still important today. The basic goals of
juvenile justice are set out in figure 3.

----------

Figure 3: Goals of Juvenile Justice

(1) Separation From Adults

(2) Youth Confidentiality

(3) Community-Based Corrections

(4) Individualized Justice of Minors

----------

Separation From Adults. Separation is clearly the
most important goal of the juvenile justice system.
Reformers argued that children and families needed
(a) a different form of justice, (b) separate
courtrooms, (c) separate detention centers and
institutions to avoid corruption of juveniles by
adult criminals, and (d) separate sentencing
guidelines to avoid the harsh penalties of adult
sentencing. However, the most important aspect of
separation may have been the development of a
separate group of professionals, judges, probation
officers, and detention staff dedicated to working
with youth and their families. These individuals
undertook separate and specialized training to
understand the needs of families and to develop a
separate procedure for dealing with young people, a
procedure that reduced the adversarial aspects of
court processes and emphasized informality and
diversion.

Youth Confidentiality. Confidentiality of court
proceedings and services for youth was the second
goal of the juvenile court reformers. Juvenile
court acts emphasize confidentiality because it
reinforces the theory that youth will mature beyond
a criminal lifestyle if given proper guidance and
alternatives. This emphasis on confidentiality is
consistent with both classical free-will theories
of human behavior and more deterministic
developmental theories. Because of their
immaturity, youth lack sound judgment and should
not be held fully accountable. Consequently, no
criminal record should hinder adult advancement.
From a developmental standpoint, confidentiality
minimizes stigma and labeling, thereby reducing the
likelihood that the young person will perceive
himself as a criminal. Maintaining a positive self-
image is important to success in the future.

Community-Based Corrections. A community
corrections system was the third goal of the
reformers. They strongly believed that young people
should learn and grow in their own communities. The
juvenile court act was promoted by Jane Addams, who
was active in the Settlement House Movement which
(a) helped individuals adjust to life in their own
neighborhoods, (b) provided education and training
for persons in the neighborhood, and (c) advocated
changes that would improve the quality of life in
the community. Offering probation as a method for
monitoring youth behavior in the community, while
providing services that allowed the youth to grow
to adulthood, was seen as the primary dispositional
alternative. The probation order would contain
provisions requiring education, training, and
counseling, in addition to restricting certain
forms of behavior.

Individualized Justice for Minors. Finally, the
reformers advocated individualized justice. Each
case was to be viewed separately. A social history
that explored the total social circumstances of the
youth and his or her family was to be prepared, and
a casework plan that encouraged appropriate
development and reduced future criminality was
developed. Indeterminate sentences--that is, open-
ended commitments in which being released to home
depended on behavioral change and not the amount of
time served--were also advocated. Probation staff
were to look into the social situation early in the
process and were to be involved in the decision to
file a case. Whenever possible, the case would not
be filed, and an informal outcome would be
encouraged.

The original juvenile court act was concerned with
due process because the reforms were attempting to
create a specialized court of law, not a social
service agency. However, as the years passed,
greater emphasis was placed on social history,
treatment, intervention, and informality than on
proven criminal behavior and due process. The
court's jurisdiction expanded to include status
offenders and truants under the theory that
delinquency could be prevented by dealing with
predelinquent behavior. Also, professionals with
backgrounds in social work and psychology, rather
than law, began to play a larger role in the
courts' decisions. The period from the 1920's
through the mid-1960's is often referred to in
juvenile court literature as the period of "the
sociological court." During this period, the parens
patriae model was clearly in the forefront with an
emphasis on diagnosis and treatment of criminal
behavior.

Supreme Court Decisions Affecting Detention

During the 1950's and 1960's, criticism of the
juvenile court increased. While juvenile court
practitioners could talk about trading rights for
protection, juvenile courts were not funded
adequately enough to deliver certain services, and
minorities and the poor were disproportionally
represented in caseloads. Concerns were being
raised about whether the juvenile court was
delivering a second-class form of justice. As the
Supreme Court stated in Kent v. United States, 383
U.S. 541, 86 S.Ct. 1045, 16 L.Ed. 84 (1966) (the
first juvenile case decided by the Court): 

There is evidence, in fact, that there may be
grounds for concern that the child receives the
worst of both worlds; that he gets neither the
protection accorded to adults nor the solicitous
care and regenerative treatment postulated for
children.

The Gault Decision. In this atmosphere, the Supreme
Court decided the landmark case of In Re Gault, 387
U.S. 1, 87 S.Ct. 1428, 18 L.Ed. 527(1967). In this
case, the Court ruled that a minor in juvenile
court is entitled to many of the rights that an
adult would have. In subsequent years, State and
Federal courts ruled that minors have a
constitutional right to proof beyond a reasonable
doubt, protection from double jeopardy, Miranda
warnings, and virtually all rights found in adult
criminal justice, except the rights to a jury and
bail. In some States, even bail and juries are
provided for juveniles in certain circumstances.
The chapter on the legal rights of juvenile
offenders in the Desktop Guide to Good Juvenile
Probation Practice (National Center for Juvenile
Justice, 1991) contains summaries of the major
court cases involving juvenile justice. Persons
interested in a complete review of the
constitutional limitations of juvenile justice
should read all the cases thoroughly.

The Gault case and case of Schall v. Martin, 467
U.S. 253, 104 S.Ct. 2403, 81 L.Ed. 207(1984), are
two Supreme Court cases that are so important to
the understanding of juvenile justice and the role
of detention that an extensive analysis is
justified. Gerald Gault was a 16-year-old youth who
had been placed on probation for burglary.
Subsequently, he made what the court characterized
as an obscene telephone call to a neighbor.
Following his arrest and detention, an adjudication
was held. Neither he nor his parents were told when
the hearing was to be held until shortly before the
hearing began. No lawyer represented him, and no
witnesses appeared at the hearing other than his
probation officer, who reported to the court that
Gerald had made an obscene telephone call and that
his behavior warranted a more structured setting.
Relying on this recommendation and the hearsay
evidence submitted, the court committed Gerald to
the Arizona Department of Corrections for an
indeterminate stay in a youth correctional
institution.

The Supreme Court ruled that "The Constitution is
not for adults alone" and reversed the conviction.
The Court determined that the hearing did not meet
due process standards. The lack of an attorney, the
failure to give prior notice of the hearing to
allow for time to prepare a defense, the failure to
present witnesses, and the lack of opportunity to
cross-examine witnesses were listed as necessary
due process safeguards that were missing at Gault's
hearing. This case and the due process cases that
followed led to profound changes in juvenile court
practices. First, attorneys would be required at
all significant stages of the court process,
including detention hearings. Second, most juvenile
court acts were amended after the decision to
provide for separate adjudication and dispositional
hearings. This separation allowed juvenile courts
to proceed to a disposition in the best interest of
the child, but only after a hearing that provided
full due process protection.

Although the Gault case gave due process protection
to youth, it did not explicitly reject the parens
patriae model of juvenile justice. It required a
hearing in which rights are protected prior to
intervention, regardless of whether the motive for
intervention is to punish or to help. The State,
consistent with the due process model of juvenile
justice, must prove before an impartial judge that
a crime has occurred before any dispositions may be
ordered. However, Gault is not an equal protection
case. The Court did not say that adults and
juveniles must be treated equally. If the Court had
reached that conclusion, the basis for a separate
court would have been undermined. The Court ruled
that juveniles are entitled to many of the same
procedural safeguards that an adult would receive
in the decisionmaking process. If these due process
concerns are met, the State can maintain a separate
juvenile court process for dealing with youth.

Obviously, young people are different from older
people. They are at a different developmental stage
of life. They are immature and often dependent on
their families for care and custody. It makes sense
to treat them differently. When it stops making
sense to treat adults and juveniles differently,
the idea of a separate juvenile court should be
abandoned.

The Case of Schall v. Martin. Schall v. Martin is
the only detention case ever to be decided by the
Supreme Court. This case involved the question of
whether detention practices in New York City
violated due process rights. Under New York law, a
youth charged with a delinquency may be held for 72
hours if detention intake staff find that it is in
the interests of the minor and society that he or
she be held. This period of detention can be
expanded in certain circumstances for an additional
72 hours, before a judicial hearing has to be held
establishing probable cause that the minor has
committed an offense. This potential 6-day time
period prior to a court hearing was challenged. In
most States, the time limit before there must be a
hearing is much shorter. In Illinois, for example,
the hearing must be held within 36 hours of the
minor being taken into custody. Most States have
time limits ranging from 24 to 48 hours.

The Court ruled that the longer timeframe used in
New York did not violate a youth's due process
rights. The Court felt that the State had the
obligation to protect the child. The Court stated: 

The Constitution does not mandate the elimination
of all differences in the treatment of juveniles.
... The state has an interest in preserving and
protecting the welfare of the child. ... Juveniles
unlike adults are always in some form of custody.
They are assumed to be under the control of their
parents and if parental control fails the state
must play its part as parens patriae.

This emphasis on parens patriae should not
necessarily be viewed as a defeat for the child
advocate interested in expanding the rights of
minors. The Court clearly stated that detention is
not a jail and that special facilities and
programming must be provided for youth. Without
these special provisions for youth, the Court might
have ruled otherwise. Although the Constitution may
allow States to adopt a relatively long period of
time prior to a detention hearing, most States have
much shorter time requirements. The law of the
State in which the detention center is located
governs this length of time.

Present and Future

Currently, doubt exists about whether the juvenile
court should continue. The juvenile court is under
attack from both the political left and right.
Liberals dislike the informal nature of juvenile
court proceedings, the overrepresentation of
minorities, and the tendency of some juvenile
courts to waive jurisdiction of predelinquent
youth. Reforms, such as the narrowing of the
court's jurisdiction over status offenders and a
renewed emphasis on diversion, have been part of
the liberal agenda. On the other hand,
conservatives believe that the court is too soft on
crime. They have promoted laws that increase the
number of crimes outside the juvenile court
jurisdiction and lower the age of criminal
accountability.

Is the Juvenile Court Still Needed? Some would
argue that adult court procedures with different
sentencing provisions are all that is necessary. To
determine the validity of juvenile court, one needs
to review the reasons for creating a juvenile
court. Is a separate, confidential process that
emphasizes community corrections and individualized
justice necessary? Is a process that balances due
process rights and community protection with the
needs of the minor necessary? Is a process that
holds youth accountable to the extent of their
competency but also allows the youth to mature and
develop within their own community necessary? Are
adults and youth equal? The positions taken in this
manual are that separate facilities and procedures
are needed. 

Juvenile Court Procedures

The juvenile court act is the primary source of law
for the State. Most juvenile court acts are
arranged in chronological order by the activities
that may occur as a case proceeds through the
system. Each section of the act generally describes
an activity, such as filing a petition or setting
the date for a detention hearing; identifies the
appropriate decisionmaker; and provides guidelines
for the decisionmaker.

Decisionmaking and the Juvenile Code

Many juvenile court acts are further divided by the
type of case brought before the court. Most
juvenile court acts have a delinquent category for
crimes, a neglect and dependency category for
children who are not receiving appropriate care,
and a category for noncriminal misbehavior (truant
or runaway youth) and status offenders. A status
offense is one involving activities that would not
be criminal if engaged in by an adult. In most
States, only delinquent minors are placed in
detention. Nondelinquent youth are housed in child
welfare foster care facilities or nonsecure
institutions or in specialized programs such as
runaway centers. Most States have adopted jail
removal programs, and nondelinquent youth are
placed in detention only under very limited
exceptions. Before admitting any youth not charged
with a criminal offense, staff would be well
advised to review the procedures manual carefully
and to check with supervisory personnel.

Underlying Principles of the Juvenile Court

Most juvenile court acts contain three underlying
principles: (a) the presumption of innocence, (b)
the presumption of the least amount of involvement
with the system, and (c) the presumption of the
best interest of the minor. The decisionmaker--
whether the police deciding to take a minor into
custody, an intake worker deciding to detain a
child, or a juvenile court judge presiding at a
hearing--must consider these three principles. The
existence of principles instructs a decisionmaker
to rule in favor of the principles, unless evidence
exists to the contrary. The amount of evidence may
vary depending on the decisionmaker. Although
police or detention intake may hold a minor if
reasonable or probable cause exists to believe that
the minor has committed an offense, a judge at an
adjudication must be satisfied beyond a reasonable
doubt that an offense has been committed.

Presumption of Innocence. The presumption of
innocence is one of the hallmarks of our criminal
justice system. It places the burden on the state
to prove that the accused has committed an offense.
The state cannot force accused persons to testify
against themselves, cannot use illegally seized
evidence, and must use a process consistent with
due process standards to establish guilt. 

Least Restrictive Alternative. The principle of
least involvement assumes that minors, like adults,
have liberty interests that include the right to be
left alone or the right to live in a family
situation without state interference. The state has
the burden of showing that intervention is
necessary for the protection of either the minor or
society. Sometimes this presumption is described as
a presumption of the "least restrictive
alternative." Diversion should be considered before
a formal petition is filed and probation before
commitment to an institution. When the continuum of
services available to the juvenile court is
narrowly defined as detention or probation, the
least restrictive alternative may be secure
detention as opposed to a more appropriate, but
nonexistent, nonsecure placement. In the detention
situation, many codes require that a child not be
held unless a probable cause exists to believe that
a minor has committed a crime and unless an
immediate and urgent necessity exists to admit the
child. In some instances, detention intake workers
may be authorized to release a child, even if he or
she has committed an offense, if no need to detain
exists. Intake policy should be carefully written
to reflect the laws of the State and local
practices. 

Best Interest of the Child. The primary purpose of
juvenile justice is to operate in the best interest
of the child. The interest of the child must be
balanced against the interests of society. These
two interests must be considered together, and
often no true conflict between the two exists.
Society benefits by programs that help minors
mature into law-abiding citizens, and children
benefit by being held accountable and developing
responsibility. In many ways, the goal of operating
in the best interest of the child reinforces the
presumption of innocence and the presumption of
least involvement. Both of these presumptions
support the belief that children are best off when
they are developing without government coercion in
family situations--a situation that, in most
instances, is in the best interest of children. 

Detention Before Adjudication

The primary function of detention from a legal
system perspective is to provide temporary custody
while a youth is awaiting adjudication in juvenile
court. Most juvenile court acts have fairly
specific requirements about who can be detained;
require a judicial detention hearing within a short
time following admission to detention; and limit
the length of detention by requiring an
adjudication and a disposition hearing within a
short period of time. Detention staff should be
thoroughly familiar with these aspects of the
juvenile court act and with the sections of the
procedures manual that give additional guidelines
to staff. Those portions of the juvenile court act
relating specifically to detention should be read
by all staff, and an inservice training session
should be provided to clarify questions and issues
that may arise. To assist learning, study questions
that raise issues of importance for detention
follow this chapter. These questions should be
answered using the juvenile court act of the State.

Decisions To Detain. Under most codes, only persons
charged with criminal offenses may be placed in
detention. Often, minimum age requirements exist.
Detention intake staff are often given the
authority to exercise their discretion when
deciding whether detention is required. There must
be a determination that detention is necessary
because reason exists to believe the minor has
committed a criminal offense and that (a) detention
is in the best interest of the youth, (b) detention
protects society (i.e., the alleged offense is of a
serious nature), or (c) reason exists to believe
the youth would not appear for the court hearing if
released. Many codes contain a specific prohibition
on housing status offenders and other nondelinquent
minors. Often, limitations exist on the length and
conditions under which a minor may be held in local
jails or lockups prior to transfer to the detention
center. Specific policies may exist on housing
minors who are beyond the age of juvenile
jurisdiction or who have been transferred to adult
court. Staff should be aware of these age and
offense requirements.

Most codes give detention intake some discretion on
who will be held. This discretion only exists if
the youth is brought to the center without a
warrant. If a warrant or judicial order requiring
that the youth be held has been issued, generally
this order must be followed until the court is
allowed to rule on the matter. Most codes require
that parents or other responsible adults be
contacted and notified. Some States authorize bond
for some offenses. In those States, some process
must be established to collect and account for the
bond.

Intake is a complex and serious matter that should
be implemented under the guidance of experienced
and trained individuals. Many detention centers
have developed intake criteria that require
detention for serious offenders and repeat
offenders. Often, criteria establish who a
responsible adult is, who may receive released
offenders, and whether minors may be released on
their own. Intake not only has liability risks, but
it places intake staff in the position of checking
the discretion of police and other juvenile
practitioners, which can lead to friction and
conflict within the system.

If the decision is to detain a minor, procedures
for admitting the youth into the facility must
exist, including procedures for searching and
health screening. Also, legal paperwork must be
filed, and a detention hearing must be established.
Parents, guardians, and other responsible adults
must be notified of the time and place for the
hearing. Although the responsibility for
undertaking these activities may fall on law
enforcement or court personnel, the process must
ensure that someone in the system undertakes these
activities. A detention hearing is required in a
reasonably short time (e.g., 24 to 48 hours after a
minor has been taken into custody). The time may be
extended for weekends and holidays. 

Detention Hearing. At a detention hearing, the
State must prove reasonable cause for believing
that a minor has committed an offense and that
detention is necessary. At a detention hearing,
detained juveniles are entitled to counsel, and an
attorney will be appointed for indigent youth. If
no lawyer is available, the hearing can be
continued or will be reheard when the attorney is
present. The court may base its decision on hearsay
evidence. Evidence establishing why detention was
necessary and what other alternatives to detention
were considered may be necessary.

Adjudication Hearing. A hearing should be set for
an adjudication. Most juvenile court acts require
this hearing within 10 to 30 days. The hearing date
can be delayed with permission of the court for an
additional time period, but this period should not
be long. Juvenile justice should proceed quickly,
and the time in preadjudication should be short if
the process is working correctly. Juvenile justice
is generally much quicker than the adult criminal
system. However, there are two major reasons for
delay. The first reason is the need to notify
parents, and the second reason is a continuance
granted at the requests of counsel and prosecution.
Detention centers should have some procedure to
track the length of stay and to periodically notify
legal authorities of the status of youth in
detention. 

Under many juvenile court acts, a court hearing
cannot proceed unless parents, guardians, or other
responsible adults are given notice, served with a
summons, or are otherwise present at the court
hearing. These provisions usually do not cause
delays if all necessary parties are living in the
community and their whereabouts are known. If they
cannot be located, then they must be served by mail
or publication. Service by publication consists of
running an advertisement (legal notice telling
persons when and where a hearing is). However,
running an advertisement jeopardizes
confidentiality and should be avoided if possible.
Detention and probation staff investigating cases
must determine who the parents are and where they
are located. Someone usually knows where a person
may be found, eliminating the need for publication,
which is costly and time consuming. 

Continuance by defense counsel is the other major
cause of delay. In most instances, youth are
represented by public defender offices and other
publicly financed sources of legal representation.
These resources are understaffed and have huge
caseloads. Unfortunately, some do not consider
juvenile justice a priority. Sometimes delay is
used as a plea bargaining strategy. If the youth
has done considerable time in the detention center,
attorneys, particularly those accustomed to adult
criminal justice practices and values, are willing
to consider releasing the minor on probation or for
time served. However, juvenile detention facilities
are not equipped for lengthy stays. Therefore, in
the interests of detention staff and detained
youth, the court should be reminded constantly of
minors who are still awaiting hearing.

Transfers

Most juvenile court acts provide a mechanism to
transfer (waive or bind over) serious and repeat
offenders to adult criminal court. In recent years,
a trend has started toward lowering the age at
which minors can be tried in adult court (so-called
automatic transfers). Often, youth tried as adults
are detained in juvenile detention centers. Because
of their experience and age, these youth may
provide difficulties for the detention staff. Also,
they probably will be held in detention for a
longer period of time. One example of the negative
impact of automatic transfers on a detention center
operation is the Cook County Temporary Juvenile
Detention Center (Cosgrove, 1985; Jordan 1985; and
Roush, 1993). Many juvenile court acts have
procedures to transfer these youth under certain
circumstances. Staff should be aware of guidelines
with regard to these youth.

Detention After Adjudication

After adjudication, the juvenile court may use the
detention center as a temporary placement while
awaiting a final dispositional order. Often, youth
who are already wards of the court are detained for
subsequent offenses or violations of a court order,
or the youth may be placed in detention as a
dispositional alternative. Frequently, a period of
time passes between adjudication and dispositional
hearing. This time period allows probation staff
and others interested in the youth to complete a
social history and to make dispositional
recommendations. Many jurisdictions include
information from the detention staff in the
dispositional reports. After all, if the youth has
been in detention, the contact hours and the
opportunities to observe are immense. In fact, one
of the original justifications for detention was
for diagnostic purposes--an idea that is at odds
with the emphasis on due process.

Although less frequent than delays in the
adjudicatory process, the dispositional hearing may
be continued. A process for notifying the court of
minors who have been detained for extensive periods
of time awaiting a dispositional hearing should be
implemented in each detention unit.

Many times, youth already on probation are placed
in detention for a subsequent offense or a
violation of probation. Many juvenile court acts
have separate requirements and time schedules for
proceeding with the case of a ward of the court.
One of the reasons for placing a nondelinquent
youth in detention is violation of a valid court
order. In some instances, probationers have been
placed in detention and released as a "shock"
sentencing program. Unless shock sentencing is done
under a court order, it most likely violates due
process and should be eliminated. Departmental
policy about using detention for those already
under the jurisdiction of the court should be
reviewed.

Increasingly, detention is being used as a
dispositional alternative. Some States allow for
short terms in detention as an outcome. Other
States use short stays as a shock sentence followed
by a term of probation. In some jurisdictions,
courts are given the option of committing to
detention but staying the detention order as long
as the youth does well on probation. This latter
practice also may violate due process if there is
no court order prior to implementation of the
commitment. Most juvenile practitioners oppose the
use of detention as a dispositional alternative,
because most centers are not set up to administer
such a program.

Liability Issues

One of the major issues currently facing detention
and individuals employed by detention centers is
the threat of lawsuits for money damages. In recent
years, an increasing number of lawsuits have been
heard in State and Federal courts. Lawsuits can be
brought against the center, but they are often
filed in the name of an individual employee. Risks
of individual lawsuits are particularly troubling
because most individuals do not have the money to
pay for the judgments. Fortunately, a lawsuit
resulting in a judgment that is to be paid by an
individual will likely be small if (a) that
individual was merely fulfilling required job
duties and (b) he or she did not intentionally try
to harm someone. 

Lawsuits have increased in the past 20 years
because more people have recognized that children
have rights and that governments, like private
individuals, are responsible for their wrongs.
Until 20 years ago, the prevailing attitude was
that persons who found themselves in a correctional
institution, particularly following a sentence, had
no rights. This attitude has changed. Children and
prisoners have rights, as the article by James Bell
(1992) describes. Also, the prevailing theory held
that governmental entities should be immune from
liability suits. This theory has been weakened. The
net result is that children who find themselves in
detention centers have the ability to sue and that
these suits will not be dismissed automatically.
Also, some attorneys now specialize in protecting
children's rights and civil rights. Fees can be
obtained from individuals, and in many instances,
courts provide for attorney fees even if no damages
are awarded to encourage suits. Often, public
officials obtain a court order requiring a certain
activity to stop and ordering attorney fees.

Liability is a complex matter that cannot be fully
addressed in a short introduction to detention, but
it is important not only because the risk of a
lawsuit exists, but because it emphasizes the
responsibilities of staff toward minors who are in
detention centers. If someone has rights, then
someone else has the responsibility to protect
those rights.

What follows is a brief introduction to some of the
emerging liability issues. Although Federal
lawsuits may have a degree of uniformity, each
State and some localities have developed different
approaches to liability. Staff should not discuss
liability issues exclusively from the perspective
of avoiding lawsuits but from the perspective of
established policies that reduce wrongs to
children, meet legal standards, and maintain
security needs. If these criteria are met,
liability questions will be reduced.

Purpose of Liability

Liability is one method that the legal system uses
to hold detention centers and other public and
private organizations accountable. Liability is
imposed to instill appropriate behavior and to
discourage or deter wrongful behavior. It is also
designed to compensate injured individuals for
their losses. Other methods can be used to hold
persons accountable, such as criminal prosecutions
brought against staff who violate criminal laws as
well as personnel policies and disciplinary
actions. Grievance procedures may eliminate the
need for lawsuits. If a detention center has
adopted other methods of monitoring its behavior,
then the risk of a lawsuit will be greatly reduced.

Managing Liability. Rather than viewing liability
in negative terms and living with the constant fear
of being sued, staff should approach liability as a
risk that can be controlled and managed. Often, the
fear of lawsuits can cause staff to be reluctant
about undertaking activities because of the common
belief that "If I do that, I will be sued." In
reality, the failure to undertake some action can
lead to a lawsuit just as quickly as undertaking an
action. In risk management terms, risks must be
identified, reduced where possible, avoided in some
instances, and transferred in others. Because all
risks cannot be reduced, individual liability
ultimately must be insured. Most States protect
individuals from lawsuits or agree to indemnify
them for loss if the employees are acting in good
faith and in the course and scope of employment.

Good Faith. Basically, staff can know they are
acting in good faith and in the course and scope of
employment by following the policies and procedures
manual. The manual may not provide an absolute
defense because situations may arise when the
policies do not correspond with what a court thinks
is reasonable and constitutional. However, in the
case of a well-managed facility, these instances
should be extremely rare. Most likely, upper level
management will be responsible. In most cases, line
staff will be able to use "just follow policy" as a
defense.

Risk Management

The first step in a good risk management program is
to identify risk areas. The second step is to
reduce the risk by adopting policies and training
staff. Avoiding risk may be another possibility to
consider. Pool tables are rarely found in detention
centers because they are just too risky. Risk may
also be transferred. The sheriff's department,
rather than detention staff, should transport
youth. If none of these steps can be enacted, the
center should make every effort to ensure that the
governmental agency, State or local, will stand
behind an individual who is sued while carrying out
a policy, and the agency should provide legal
counsel and money to pay any claims that are made.

Section 1983. Liability arises from State or
Federal law. Under State law, the issue is usually
brought as a tort claiming either negligence or
intention. Under Federal law, the suit is usually
brought under a violation of one of the civil
rights laws. Often, the suits are filed under
section 1983 of Chapter 42 of the United States
Code and are known as 1983 actions that "prohibit
an individual who, acting under State law
authority, from knowingly or intentionally
violating the civil rights of an individual."
Detention center employees, who are also employees
of government, may be responsible for these
actions. In either instance, three elements must be
met. First, a duty owing must exist. Second, a
violation of that duty must have occurred, and
third, harm must have been done. Many States have
reduced the risk of liability by specifically
granting immunity for certain activities and by
saying that no liability occurred unless the duty
of care was violated in a grossly negligent or
willful and wanton manner.

States may be able to grant immunity for certain
activities in State courts, but they cannot control
the Federal courts. However, immunity has been
developed under this section for good faith. A
person who in good faith carries out a reasonable
public policy will be granted immunity. The
governmental entity will not be able to use this
good faith defense, but the individual employee
will not have to pay damages. 

Reviewing Policies and Procedures. A final policy
that will reduce the risk of liability is one that
encourages staff to participate in the development
of a risk management plan. Openly reviewing
procedures to reduce risk and monitoring compliance
with these policies will avoid many injuries.
However, even in the best run institutions,
accidents happen, and persons are injured. A
process of preparing unusual incident reports is
essential. Staff should document what they did, and
this documentation often will establish that they
were not careless and that they were acting
reasonably or in good faith. Staff should be
instructed in steps to follow after an injury.
Medical care should be provided. A process to
mitigate or reduce the harm will reduce monetary
damages. Witnesses should be identified, and
outside investigations may be appropriate. Reports
may have to be filed with insurance providers and
with legal resources.

Several activities that occur in detention should
be reviewed regularly, and these activities justify
careful consideration and training from a risk
management standpoint. Some of the major issues are
listed below:

o Intake screening and release.

o Medical and health care.

o Programmatic injuries.

o Security, searches, and discipline.

o Communications, visitors, and mail.

o Confidentiality.

In each area, the policy developed to reduce staff
liability should be reviewed to identify risk and
manage the reporting mechanisms.

At intake, staff should be aware of the juvenile's
right to have a due process hearing before or
shortly after the loss of liberty. Time limits for
holding hearings must be met, and the purpose of
detention at these early stages is only to provide
secure custody while awaiting further decisions. In
releasing a youth, the staff should take
precautions to ensure that the youth is being
released to a responsible adult, and staff should
alert the juvenile court about the release if a
strong possibility exists that the youth will
injure himself or herself or others. 

All activities involve risks, but doing nothing
also has a risk. Each activity should be reviewed,
and policies should be developed that (a) establish
reasonable guidelines for each activity and (b)
manage the reporting mechanisms that document
injuries, which will inevitably occur even in the
best of circumstances. If an injury does occur,
staff will be in a better position to use a
reasonableness or good faith defense.

Security is an essential aspect of a detention
center, but it must be undertaken in a manner that
recognizes the rights of the youth. Searches must
be for the purpose of security, not punishment.
They must not be excessive and must be carried out
in a professional manner. Many States have policies
limiting strip searches and body cavity searches.
Searches should be conducted by staff of the same
gender as the youth being searched. Even this
precaution can lead to problems, and some States
have statutes that prohibit body search and
same-sex searches. Policies should be established
to regulate the manner and time of a search and to
designate who may conduct a search. 

Discipline must be maintained in a detention
setting, but it must be for reasonable correctional
purposes. When discipline is being used, a process
must exist for structuring, controlling, and
checking the discretion of the staff member
authorizing the discipline.

Security needs do not preclude the youth from
communicating or having contact with visitors.
Policies must allow for reasonable communications
consistent with correctional needs. Special
attention must be given to communications with
attorneys, judges, and other legal advocacy
organizations.

Confidentiality is another area that needs to be
considered when designing policies to avoid
lawsuits. Although staff should not disclose the
identity of persons in the detention center to the
general public, the fact that a youth is in
detention is not a secret. Information must be
shared with parents and responsible relatives when
determining whether to hold or release a youth.
Furthermore, communication with schools, social
service agencies, and other organizations
concerning a youth in detention may be necessary to
continue services for the youth and to develop a
release plan. Staff should be aware of the
circumstances under which information can be
shared. 

Another difficult area is the use of confessions or
admissions of criminal activity by youth in
detention. In most States, statements and
confessions made to staff are admissible as
evidence against the youth. Policies concerning
these admissions should be established in each
detention center. Furthermore, policies should be
established governing the ability of law
enforcement to question the minor who is in
detention. Generally, police may question, but this
activity sometimes places staff in the awkward
position of advising the youth of his or her legal
right to remain silent. As in other legal risk
situations, the problem should be anticipated, and
policies that will give guidance to both the police
and the detention staff should be established prior
to the situation.

Liability is a complex issue that can be addressed
only superficially in an introductory manual such
as this one. Potential risks exist in virtually
every activity undertaken by a detention center.
However, by developing a risk management strategy
and training staff appropriately, a detention
center can reduce these risks.

Conclusion

Detention is a key element of the juvenile justice
system. Persons employed in detention centers are
generally working with the most difficult youth in
circumstances that are challenging. The need for
security and routine operating procedures may cause
detention staff to feel institutionalized. The risk
of burnout is high. Staff members need to consider
how long they can maintain a positive attitude when
faced with the working conditions. Detention staff
who meet this challenge must remember that the very
purpose of detention is to provide a safe, secure,
and humane facility for holding youth who are
awaiting adjudication under the juvenile court act.

The activities of detention center staff should be
governed by the simple but straightforward
principle of "do more good than harm." Staff should
become familiar with the basic laws of the juvenile
justice system so that they can (a) act in a manner
consistent with the law, (b) explain the system to
the youth in the center, and (c) become advocates
for the juvenile justice system within the general
public. They must be aware of the risks inherent in
the system and do everything they can to minimize
harm to youth in detention by finding the
appropriate balance between security and freedom
for those detained youth. By better understanding
the legal system, detention staff will be in a
stronger position to accomplish the difficult task
of helping to educate and train some of the most
challenging members of the next generation.

For Discussion. . . .

Juvenile Court Act Study Questions

(1) What is the minimum and maximum age at which a
youth may be detained?

(2) What categories of youth may be placed in
detention?

(3) What laws authorize police to take youth into
custody and govern their activities at a police
station?

(4) How long may a child be detained at a local
police department or jail?

(5) What authority do detention staff have in
relation to intake?

(6) How long may a youth be detained prior to a
detention hearing?

(7) What procedures govern a detention hearing?

(8) Who is required to give notice to parents
regarding a detention hearing?

(9) If a youth is detained, when must the
adjudicatory hearing occur?

(10) What law governs continuances?

(11) Who is responsible for filing a petition and
serving parents with legal summons or other
documents?

(12) What is the time limit for detaining a youth
awaiting a disposition?

(13) Do detention staff play a role at the
dispositional hearing or in the preparation of the
social history of the child?

(14) What are the rules governing the use of
detention as a dispositional alternative?

(15) How do staff know they are acting reasonably
or in the course and scope of their employment?

------------------------------

Chapter 3 Defining Juvenile Detention

The National Juvenile Detention Association (NJDA)

There are numerous definitions of juvenile
detention, but until recently, no single definition
achieved priority. Without consensus on a
definition, juvenile detention had become all
things to all segments of the juvenile justice
system (Hammergren, 1984). On October 31, 1989,
following 3 years of work on the subject, the board
of directors of NJDA unanimously adopted the
following definition of juvenile detention:

Juvenile detention is the temporary and safe
custody of juveniles who are accused of conduct
subject to the jurisdiction of the court who
require a restricted environment for their own or
the community's protection while pending legal
action. 

Further, juvenile detention provides a wide range
of helpful services that support the juvenile's
physical, emotional, and social development.

Helpful services minimally include: education;
visitation; communication; counseling; continuous
supervision; medical and health care services;
nutrition; recreation; and reading.

Juvenile detention includes or provides for a
system of clinical observation and assessment that
complements the helpful services and reports
findings.

This definition was developed from the seven
essential characteristics of juvenile detention
identified by the American Correctional Association
(ACA) Juvenile Detention Committee (Smith, Roush,
and Kelley, 1990). These themes are defined as
follows:

o Temporary custody. Of all the methods of
incarceration within the criminal justice system,
only juvenile detention stresses its temporary
nature. Detention should be as short as possible.

o Safe custody. This concept implies freedom from
fear and freedom from harm for both the juvenile
and the community. This definitional theme refers
to a safe and humane environment with programming
and staffing to ensure the physical and
psychological safety of detained juveniles.

o Restricted environment. The nature or degree of
restrictiveness of the environment is generally
associated with the traditional classifications of
maximum, medium, or minimum security or custody.

o Community protection. In addition to the factors
listed above, the court has a legitimate right to
detain juveniles for the purpose of preventing
further serious and/or violent delinquent behavior.

o Pending legal action. This theme includes the
time spent awaiting a hearing, disposition, a
placement, or a return to a previous placement.

o Helpful services. Programs are available to
detained juveniles to help resolve a host of
problems commonly facing detained juveniles.
Because detention has the potential of creating a
tremendously negative impact on some juveniles, it
is important that programming have the depth of
services required to meet the needs of a wide range
of juvenile problems.

o Clinical observation and assessment. Most
juvenile codes specifically refer to this theme as
a purpose for detention. The controlled environment
of juvenile detention often provides the
opportunity for intense observation and assessment
to enhance decisionmaking capabilities. Competent
clinical services are provided by properly
credentialed individuals who coordinate and conduct
the observation and assessment process. (This
service may be provided by staff or through
contract.)

The NJDA definition incorporates those program
elements outlined in ACA standards. The
collaboration between ACA and NJDA led to a
definition statement grounded in professional
agreement.

Confusion of Function

Juvenile detention is a paradox that is difficult
to define. Hughes and Reuterman (1982) explain the
paradox with exceptional clarity in their second
national survey of juvenile detention. They note
that juvenile detention is a very important part of
the juvenile justice system. Yet, their survey
responses simultaneously indicate that detention is
often ignored, criticized, and deprived of the
support and assistance available to other juvenile
justice agencies. These findings echo the earlier
comments of Rosemary Sarri (1973), who said that
detention is both "significant and ignored."

A History of Confusion

The confusion of function has a long history in
juvenile detention. When mutually contradictory
definitions generate ambivalence and confusion,
detention is at the whim of the individuals or
agencies that exercise control over it. Cohen
(1946) maintained that a "good" detention program
cannot be established if detention is viewed as a
catchall. Hammergren (1984) warned that without
clear mission and goals, detention will become all
things to all segments of the juvenile justice
system. In some jurisdictions, secure detention is
a convenient alternative to the court for a wide
range of troubling youth. Schwartz, Fishman,
Hatfield, Krisberg, and Eisikovitz (1986)
specifically point to this problem of confusion as
a culprit for the overuse of detention.

In an analysis of the administration of juvenile
detention, Kihm (1981) states that detention
management is "the most difficult job in the
juvenile justice system." The reason for this
difficulty stems from "the framework of
contradictions" within which detention must
operate. Although Kihm lists several problems
associated with these contradictions, the
importance of his work is its systematic focus on
the difficulties created by the absence of a clear
definition of detention. The confusion surrounding
contradictory definitions is the central problem
for juvenile detention administrators.

Recommendations

The confusion of function ranks even above the
perennial problems of crowding, the lack of
funding, and the lack of personnel. The National
Conference (1947) recommended the following
distinct solutions to the confusion of function: 

o Detention must have a clear definition.

o There should be controls on intake in the form of
guidelines or criteria.

o There should be cooperation between children's
agencies to divert youth who do not require secure
detention into alternative programs.

o There should be a well-organized network for
transferring youth to the appropriate placement.

The intent of these solutions is to open detention
to those youth who truly need secure, temporary
custody. Viewed as important for the future of
detention over four decades ago, these solutions
are equally relevant today.

Despite these straightforward recommendations, the
confusion of function persists. NJDA reported that
the absence of clearly defined standards for
detention services permitted the use of subjective
reasons for incarceration, ranging from punishment
to protection (Studies Charge Detention Abuse,
1982). In an analysis of detention programs,
Carbone (1984) pointed to the lack of a mission
statement as the central problem inhibiting
effective detention programs. With no curriculums
or training programs required of detention
administrators, the day-to-day administration of
detention is also marked by a lack of consistency
(Gallas, 1985). The absence of uniformity in
administrative practice has been identified by
Norman (1946); more recently by Pappenfort and
Young (1980) and Hughes and Reuterman (1982, 1984;
Hughes, Reuterman, and McGibany, 1982; and
Reuterman, Hughes, and Love, 1971); and currently
by Parent et al. (1993). 

What Are the Functions of Detention?

Two functions (goals) make up the conflicting parts
of the juvenile detention paradox. First, detention
restrains and inhibits a youth's freedom or liberty
through placement in a locked institution, in a
physically restricting environment, or in some
other level of custody with supervision. This
function is called preventive detention. Second,
detention is also one of the services associated
with the juvenile court. When detention services
include helpful programs for the diagnosis,
remediation, or restoration of the juvenile
offender, this function is called therapeutic
detention.

Hughes and Reuterman (1980, 1982) addressed this
issue in a national survey of detention
administrators. Starting from the assumption that a
definition of juvenile detention should incorporate
both functions, an ideal definition would place
primary emphasis on custody (preventive detention)
and secondary emphasis on programs and services
(therapeutic detention). Their findings revealed
interesting perceptions of juvenile detention.
One-third of the detention administrators agreed
with the ideal definition, whereas approximately 37
percent indicated that custody is the single and
exclusive function of detention. Some detention
administrators exclude therapeutic detention as a
legitimate function of detention.

Preventive Detention

The earliest studies of juvenile detention
identified security and a physically restricting
environment as universal characteristics of
juvenile detention (Warner, 1933). These
characteristics are essential to preventive
detention. The preventive function is easier to
understand because it is consistent with the
meaning of the word "detention." According to the
dictionary, detention means "a keeping in custody
or confinement." Custody means "a guarding or
keeping safe; care; and protection." The
implication of preventive detention is that
detention is a form of custody that prevents
certain things from happening to ensure protection
or safekeeping.

What are the goals of preventive detention? There
are different opinions regarding how many goals are
included in the preventive detention function.
However, three general goals emerge: 

o Detention provides the juvenile court with a
reasonable assurance that the youth will be
available and present for court hearings and other
legal matters. (Detention prevents absconding,
running away, or failing to appear before the
court.)

o Detention is used to prevent harm from happening
to the juvenile offender, the family, and the
community. 

o Detention is used to prevent the juvenile from
committing further offenses during the legal
process (Pappenfort and Young, 1980). 

There is little doubt that protection of the child
and protection of the community (public safety) are
universal goals expressed in the detention
literature. However, is preventive detention the
exclusive function of juvenile detention?

Therapeutic Detention

The word "therapeutic" is sometimes misleading.
Although preventive detention stops certain
behaviors or actions, the nature of therapeutic
detention is to initiate certain events. Therefore,
therapeutic detention could also be called
"educative detention," "helpful detention," or
"proactive detention." This function examines what
detention can do to help the juvenile, achieving
the preventive goals of protecting the offender,
family, and community and preventing the occurrence
of additional offenses.

Although the ultimate goal of therapeutic detention
is not the complete rehabilitation of the juvenile
offender, detention should be seen as the place
where the process begins (Brown, 1983). The term
"therapeutic" is associated with the programs and
services provided by the juvenile court. Ideally,
juvenile detention is only one component of the
range of services available to the juvenile court.
(See the discussion of continuum of care later in
this chapter.)

The basis for the therapeutic detention rationale
is diagnosis and observation. Tappan (1949)
specifically listed clinical observation as an
important reason for detention. For the court to
make an informed decision regarding the future of
the juvenile, information is needed regarding the
juvenile, the home environment, and peers. Short-
term detention has been used as an opportunity to
accomplish this task (Cohen, 1946; Lenz, 1942;
National Conference, 1947; Norman and Norman, 1946;
and Norman, 1941, 1949, 1961). The diagnostic and
observation themes are so common that many juvenile
codes include these concepts as a rationale for
detention, and they have created conflict in the
definition of detention goals.

It is difficult to know exactly when the conflict
began. The confusion of function (goals) began to
appear in the detention literature more than 50
years ago. Like many other critical issues in
juvenile detention, the debate about the goals of
detention was articulated by Sherwood Norman. Our
present understanding of the "preventive detention
versus therapeutic detention" controversy is the
result of national surveys conducted by Drs. Tom
Hughes and Nick Reuterman. Even though all
therapeutic concepts within juvenile detention have
their origins in the philosophy of the juvenile
court, the rationale of diagnosis and observation
may have generated the greatest call for programs,
training, and professional or clinical staff and
services.

Balanced Approach

The goals of preventive detention and therapeutic
detention are not mutually exclusive. However, the
lack of consensus about juvenile justice philosophy
increases the tension between these two functions.
Until NJDA established a national definition of
detention, the confusion of function was a major
obstacle to the definition of detention. The
problem was the inability of practitioners to
integrate these two detention goals and balance
them in daily practice. (Refer to the discussion of
the balanced approach in Chapter 1.) Now would also
be a good time to return to the NJDA definition at
the beginning of this chapter to see how it
combines the preventive and therapeutic themes.

"Place Versus Process" Argument

With the preventive and therapeutic goals of
detention established, another controversy arises
regarding the objectives of detention--
specifically, how it goes about meeting or
achieving these goals. There are two different ways
of representing the objectives of juvenile
detention. One way is more restricted and narrow in
its focus, while the other is quite broad and
flexible.

Use the game of golf as an example. If your goal is
to shoot a low score and if your golf skills are as
good as they'll ever be (meaning your ability is
held at a constant), there are a range of variables
that will affect your score. Some of these
variables include course selection (you want to
choose a course that fits your skills), weather
conditions (wind, rain, and cold weather make golf
more difficult), club selection (you may carry 14
clubs, but there are more than 20 different clubs
you could choose), and mental attitude (golf is a
challenging game that requires concentration and a
positive mental attitude). As each of these
variables changes, a good golfer is flexible enough
to adapt to the new conditions. 

What would happen if someone were to control these
variables so that you had to play:

o On a very challenging golf course?

o On a cold, wet, and windy day?

o With only a driver and a putter?

o In front of a gallery of your most severe and
vocal critics?

o With your job on the line? 

As the available alternatives narrow, your task
becomes significantly more difficult. You must work
significantly harder to achieve similar results,
and the increased stress and pressure reduce your
ability to perform. If given the choice, you
probably would not choose this particular
arrangement for golf. The "place versus process"
controversy in juvenile detention is similar to
this golf analogy. Juvenile detention is forced to
"play the game" under very difficult conditions
with severely restricted options.

More than 35 years ago, the National Council on
Crime and Delinquency (NCCD) suggested that
juvenile detention should be understood as a
"process," not as a "place" (Norman, 1961). Recent
problems regarding the overcrowding of juvenile
detention facilities call attention to the
definition and mission of juvenile detention.
Although overcrowding is a function of several
variables, Dunlap (1993) used the "place versus
process" controversy as the focal point for
evaluating "successful versus unsuccessful"
responses to overcrowding. Dunlap linked
overcrowding and systemic failures to reduce the
negative effects of overcrowding to jurisdictions
that defined juvenile detention as a place. He
claimed that systems that successfully addressed
the increase in juvenile delinquency without
overcrowding juvenile detention were systems that
viewed detention as a process. As the pressures on
juvenile justice and juvenile detention continue to
increase, "detention as process" offers more
alternatives and greater flexibility.

From the perspective of how a detention system is
organized, a "place versus process" controversy is
particularly relevant. If the system defines
detention as a place, then the physical plant
becomes the focus of detention services, and
incarceration is the primary intervention strategy
for the system. Although detention frequently
serves as the focal point for juvenile justice
interventions, incarceration is a very expensive
alternative. Under public pressure for increased
incarceration, operational costs may become
overwhelming. For example, one county in New Jersey
eliminated juvenile detention because of the high
costs of incarceration, and another county in
Michigan funded a juvenile detention facility only
through the remainder of the fiscal year.

Detention as Place 

References to juvenile detention as a place
emphasize the physical structure of detention, the
building, and its physical characteristics, such as
rated bed capacity, security hardware, square
footage, furnishings, and sanitation. References to
place also denote the objective characteristics of
detention. Place focuses on the "what" of juvenile
detention, including the development of
administrative and operational rules and
regulations expressed in policy and procedure.
Detention as place is a limited definition of the
methods to achieve the goals of detention.

The ACA standards movement is a crucial component
of the "what" factor. However, the standards have
not been instructive regarding how to implement
successful detention. This gap has been documented
by the Office of Juvenile Justice and Delinquency
Prevention (OJJDP) Study of Conditions of
Confinement (Parent et al., 1993) that revealed a
weak relationship between conformance with
nationally acceptable standards and improved
conditions of confinement. 

Detention as place is a passive concept. It is the
object or outcome of juvenile court action. When
the demands for greater use of detention increase,
the detention as place argument focuses on the
increase in secure beds or the increase in
capacity. The operation of the detention facility
becomes the primary focus of concern. Detention as
place is best captured by the aphorism: "If a
hammer is the only tool in your tool box, soon all
your problems will start to look like nails." 

Detention as Process

References to "detention as process" focus on the
"how" of detention (the detention experience). Key
words reflective of process are intensity of
services, quality of care, quality of staff and
their relationships with youth, and philosophy of
detention. From an organizational perspective,
process moves juvenile detention beyond a single
building or entity, suggesting a wide range of
services under the umbrella of detention. Detention
as process is associated with references to
graduated sanctions and a continuum of care. 

Detention as process is an active concept.
Detention refers to the act of providing custody.
This custody can be achieved through various
methods to match the custody needs of the
individual youth with the ability of juvenile
detention to achieve its goals, which include
ensuring the youth's presence at trial; providing
protection to the youth, community, and family; and
preventing the occurrence of additional offenses
during the legal process. The range of custody
options available to the court appear to be limited
only by the creativity of those on the bench and
within the juvenile justice system. When a wide
range of custody alternatives exist, detention
becomes a question of matching the level of
restrictiveness with the detention needs of the
offender. This concept is called a continuum of
services or continuum of care. 

Effective detention safeguards the health, safety,
and well-being of staff, residents, and the public.
Practitioners understand that process issues are
more influential in effecting safety and security
within a juvenile detention setting than are
policies and procedures. A balanced approach
includes both. 

Graduated Sanctions

The OJJDP strategy (Wilson and Howell, 1993)
identified three levels of graduated sanctions:
immediate sanctions, intermediate sanctions, and
incarceration. Immediate sanctions are
nonresidential community-based programs located in
or near the juvenile's home to maintain community
participation in program planning, operation, and
evaluation. First-time delinquent offenders and
nonserious repeat offenders generally are targeted
for this type of sanction. Examples of immediate
sanctions programs include juvenile court
diversion, informal probation, programs that use
school counselors as probation officers, probation,
home probation, mediation, community service,
restitution, day treatment programs, alcohol and
other drug abuse treatment (outpatient), mentoring
programs, and family preservation programs.

Intermediate sanctions are for offenders who are
inappropriate for immediate sanctions or who have
failed to respond to an immediate sanctions
program. These programs include regular drug
testing, weekend detention, intensive supervision
probation, alcohol and other drug abuse treatment
(inpatient), outdoor challenge programs,
community-based residential programs (group homes),
electronic monitoring, boot camps (see Taylor,
1989), and staff-secure juvenile detention.

Incarceration includes secure detention,
specialized residential treatment, training
schools, youth ranches, residential placement
institutions, and transfer to adult court
jurisdiction. 

Continuum of Care

For years, juvenile justice practitioners have
complained that juvenile detention is the mainstay
of the local juvenile justice system, and problems
have arisen because incarceration has been used to
solve all problems facing the juvenile court
(Hammergren, 1984). Since 1946, the service
component of the juvenile justice system has been
defined as a continuum. Juvenile justice
practitioners schooled in this train of thought
welcomed the OJJDP strategy because graduated
sanctions were another way to define a continuum of
care. Those State and local jurisdictions that have
exemplary programs and services for juvenile
offenders incorporate a continuum of care during a
significant portion of their intervention strategy
(Armbruster, Abbey, and Schwartz, 1990).

The Center for the Study of Youth Policy at the
University of Michigan concluded that the existence
of a continuum of services provided community
protection and public safety in a cost-efficient
manner. Massachusetts was the pioneer in creating
community-based alternatives for delinquents. Since
its transition to a community-based continuum of
services, the number of juvenile offenders going
into the adult correctional system has dropped from
35 percent to 15 percent. Similar positive results
have been experienced through the development of a
continuum of community-based services in Utah
(Armbruster, Abbey, and Schwartz, 1990).

On the local level, the best example of a continuum
of services is the Jefferson County (Kentucky)
Juvenile Services Division, an executive branch of
county government that was developed by Earl Dunlap
and the Honorable Mitch McConnell to include a wide
range of community-based alternatives ranging in
various degrees of restrictiveness. At the
preadjudicatory level, the juvenile court judge
makes the detention decision, and Juvenile Services
staff conduct a risk assessment and place the
juvenile in the appropriate program. The decision
about where to place a youth is a function of the
assessment outcome, not the juvenile court. 

The ability to control resident movement within the
continuum of services resulted in a very low number
of detention days in the Jefferson County Youth
Center (JCYC). JCYC operated below its regular
rated capacity, frequently operating at 50 percent
capacity--a rare phenomenon for a metropolitan
detention center with a history of overcrowding
(Kihm, 1981). This program concept is still used as
a model for other local juvenile justice systems.
It earned Jefferson County the status of a National
Resource Center from the ACA, and OJJDP technical
assistance projects continue to include references
to the Jefferson County model.

Mentor Programs. Mentor or proctor advocate
programs allow individual youth to reside in the
homes of professional staff who serve in a
surrogate parent capacity. Mentors advocate for
youth and provide positive behavior modeling. The
residential component distinguishes these programs
from typical mentoring programs, such as Big
Brothers/Big Sisters.

Group Homes: Parent Model. House parents or foster
parents provide services to six or fewer youth who
attend community schools. In addition to the
traditional parent model, two variations of group
homes are worth consideration.

Group Homes: Staff-Secure Diagnostic. Under 24-hour
supervision by professional staff, 12 or fewer
youth reside in these homes. Youth are placed there
while a more permanent placement is being
developed. In addition to being assessed for
treatment placement needs, youth are oriented and
attitudinally prepared for their treatment
placement assignment.

Group Homes: Staff-Secure Detention. Under 24-hour
supervision by professionally trained staff, 12 or
fewer youth reside in these homes. Although youth
may attend community schools, education usually is
provided on the premises because of security risks.

Community-based, staff-secure detention accounts
for about half of the annual detention admissions
in the State of New York. Virtually every county
has access to community-based detention programs,
and these programs are an integral part of the
detention system. Some localities use community-
based detention exclusively for status offenders
and other forms of detention exclusively for
delinquents. Because of their nonsecure nature,
some community-based detention programs mix the two
populations.

As evidenced in the New York experience, there are
several elements crucial to the success of a
community-based, staff-secure detention program.
The mission of the program must be clear. The
intake screening process must be designed to admit
legally eligible youth who do not require a higher
level of restrictive care because frequent mistakes
in this area will doom the program.

Of course, communities rarely welcome nonsecure
residential facilities. Efforts to educate the
community about the mission of the facility are
critical. Linkages must be made, preferably by
written agreement, with community agencies that
provide the facility with health, education, mental
health, and emergency services on an ongoing or as-
needed basis.

Intensive Day Treatment. Intensive day treatment
programs consist of highly structured and focused
daily activities for youth. Structured programs may
be 8 to 15 hours long and include evenings or
weekends. Family participation is required, and
youth reside in their own homes or foster homes.
Program content varies but often includes
education, vocational development, specialized
counseling (sex offense, substance abuse), family
counseling, leisure-time activities, community
projects, and wilderness experiences. Programs
operate at various locations, such as a detention
center, a public school, or a community center.

Intensive Family Preservation Programs. 

Family treatment or preservation programs, such as
Washington's Home Builders and Michigan's Families
First, require youth to reside at home, and an
extensive range of highly intensive services and
resources are brought into the home to maintain and
strengthen the family unit. These short-term, high-
impact programs work with families from 10 to 30
hours per week for 30 to 60 days. Family
preservation caseworkers are usually assigned to no
more than two families at one time.

Intensive Probation. Intensive probation provides
increased daily contact with youth, at least two or
three daily contacts. Specially trained probation
officers know each youth's schedule of activities
and whereabouts at all times. Youth are required to
report to their probation officers in person or by
telephone (normally, there is one face-to-face
contact daily) and to review their schedule of the
day's activities. Intensive probation officers
often work with the families. Intensive probation
is a popular alternative to secure detention or to
dispositional placements. This model can also be
used for high-risk youth on aftercare status.

Tracking Probation. Tracking probation is a
variation of intensive probation. Rather than two
to three daily contacts, youth assigned to tracking
probation are usually required to have four or more
contacts with the tracking probation officer
(tracker), and more than one of these contacts may
be face to face. Two philosophies of tracking have
evolved. First, because of the intensive contact,
some jurisdictions use tracking as a therapeutic
intervention strategy with youth and their
families. Second, increased tracking caseloads mean
that most trackers have only enough time to provide
basic monitoring functions. In these instances,
trackers become surveillance officers or
enforcement officers ("bird dogs"). In either case,
tracking provides an increased level of
accountability for youth on probation. 

Tracking Probation Plus. Tracking probation plus is
a variation on tracking probation that includes a
staff-supervised, short-term bed for youth who lose
control while on regular tracking probation. The
availability of such a bed can eliminate the need
for temporary detention or other secure placement.
Youth generally return to the regular tracking
probation within 1 to 3 days.

Specialized Residential Treatment. Therapeutic or
specialized residential treatment programs address
homogeneous populations, such as sex offenders,
teen prostitutes, and substance abusers. These
programs can take the form of professional, staff-
secure group homes or small (up to 12 beds) or
self-contained residential programs within larger
institutions.

"Draw Down" Programs. Behavior management draw down
programs operate in secure detention facilities and
are a systematic way to reinforce appropriate
institutional behavior by providing an opportunity
for detainees to move to a less restrictive
placement, when appropriate. These programs require
the continuum of services to be under one agency's
control so that the placement of a youth in the
appropriate alternative is an administrative
function. In this manner, youth may earn the
opportunity to move from secure detention to staff-
secure detention, which results in a more
appropriate level of service and a more cost-
efficient use of resources. The "down" component is
one way; movement from greater to lesser security
does not require a due process hearing.

Periodic Detention. Eskridge and Newbold (1993)
describe a variation on the home detention and
weekend detention strategies. Periodic detention
(PD), pioneered in New Zealand, is the oldest and
probably the most successful of the country's
noncustodial alternatives. It is also one of the
most popular, accounting for 35 percent of all
those on community sentences. PD began in 1963 as a
form of weekend confinement for juveniles. Since
then, it has been extended to adults, and its
residential component has been dropped in an
attempt to cut cost. Today, the sentence allows for
a periodic detainee to be kept in the custody of a
PD ward for up to 9 hours on any 1 day and for up
to 15 hours per week for up to 12 months. In
practice, the bulk of periodic detainees report to
a PD work center each Saturday. Accompanied by a PD
warden, gangs of approximately 10 detainees work,
unpaid, on community projects, cutting scrub,
picking up trash, and cleaning government
buildings.

------------------------------

Sample Continuum of Care

Level of Intervention

Programs and Services

Big Brothers/Big Sisters
Afterschool Programs
Afterschool Employment

Low Level of Intervention

Programs and Services

Drop-in Centers
Street Outreach Workers
Mentor Programs
Informal Probation (No Probation Officer Assigned)
Informal Probation (Supervision by Adult Friend or 
 Relative)
Informal Probation (Supervision by Allied Agency--
e.g., Scouts)
Alternative Education Programs
Community Services (Health, Pregnancy, Crisis
 Intervention, etc.)
Foster Home Placement
Volunteer Probation
Probation
Restitution
Attendant Care or Holdover
Group Homes (Parent Model)
Group Homes (Staff-Secure Diagnostic)
Group Homes (Staff-Secure Treatment)

Medium Level of Intervention

Programs and Services

Family Preservation Programs
Alcohol and Other Drug Treatment (Outpatient)
Intensive Probation
Tracking Probation
Tracking Probation Plus (Staff-Secure Detention Bed 
 Available
Home Detention
Electronic Monitoring
Intensive Day Treatment
Alcohol and Other Drug Treatment
Nonsecure Detention
Periodic Detention
Weekend Detention (Detained Friday Through Sunday  
 Evenings)
Postdispositional Electronic Monitoring
Specialized Residential Treatment
Training School

High Level of Intervention 

Programs and Services

Secure Detention
Training School (Maximum Security Unit)
Adult Detention (Jail)
Adult Corrections (Prison)

------------------------------

Nonsecure Detention

Philosophy of Nonsecure Detention

The underpinnings of juvenile detention philosophy
are embodied in the broad strokes of the themes of
the NJDA definition of juvenile detention. The
nature of nonsecure detention, the range of program
structures, and the difference in client population
dictate thoughtful exploration of those themes.

At first glance, even the name Nonsecure Detention
(NSD) may seem to be a contradiction in terms. Upon
closer examination, however, it is not. "Nonsecure"
refers to the characteristic absence of restrictive
hardware, construction, and procedures. The
detention process remains the same, firmly grounded
in the coercive authority of the court to remand
youth into detention care. It is the authority of
the court (the process) that is restrictive, not
necessarily the detention setting (the place).

The statutory criteria for remand to NSD are the
same as those for remand to traditional locked
facilities. In the ideal world, the court's
determination to opt for one level of
restrictiveness over another will reflect how best
to serve and protect the community and the youth.

NSD programming is directly rooted in the
philosophy of the least restrictive alternative in
the detention and residential care of youth. It is
consistent with the concept of the least intrusive
intervention necessary to ensure a positive outcome
for both youth and community. In general, positive
outcome means safe and successful movement of the
youth through the court process, reunification of
youth and family when appropriate and possible, or
out-of-home residential treatment or supervision as
determined by the court of jurisdiction.

Intrinsic to NSD is the assumption of adult
responsibility for the developmental experience of
youth remanded to care. As length of stay
increases, the complexities of that responsibility
also increase.

NSD attempts to fill the gulf between traditional
locked facilities and voluntary shelter care. The
detention process represents a deprivation of
liberty. Staff should have a thorough understanding
of the statutory basis for detention and the
regulatory framework in which it operates.

Programming structure must be a direct response to
the needs of the region's juvenile justice agencies
and the local community.

Youth are served by a divergent range of program
models. In general, large facilities tend to be
more restrictive, self-contained, and staff
intensive. Smaller program models tend to be more
flexible and community dependent for services.

The best NSD programs, regardless of size or type,
serve as a seamless component in a continuum of
local services directed at the best interests of
individual children and families, while protecting
the community.

Translating the philosophy of NSD into actual
service to the community and individual youth is an
art as much as a science. The direct-care line
worker in the nonsecure detention institution as
well as the foster detention parent providing care
in his or her own home benefit equally and
immeasurably from a clear understanding of the
underlying philosophies that will successfully help
them to achieve the broad goals enumerated in the
definition of juvenile detention.

Each State, each locality, and each detention
provider will need to come to terms with its
individual philosophy of care, supervision, and
service to youth, families, the court, and
community. The direct careworker is best supported
by a thorough knowledge of his or her agency's
working ethos.

Program Models

The Nonsecure Detention Institutional Facility
generally:

o Has a capacity of more than 12 youth.

o Services a large urban or regional population
base.

o Tends to be more restrictive and staff intensive.

o Tends to be a self-contained facility--
educational, medical, psychological, recreational,
and other services are provided within the
facility.

o Is the most expensive program model to operate.

o Is capable of handling the widest range of
problems presented by remanded youth.

The Nonsecure Detention Group Care Facility
generally:

o Has a capacity of 12 or fewer youth.

o May serve as one component of a network, or may
stand alone in serving a population base.

o Tends to be more flexible and less staff
intensive than an institutional facility.

o Tends to access community resources for services,
although it will often use a combination of onsite
services as well as community-based resources.

o Is a fairly expensive program model to operate.

o Is capable of handling a wide range of problems
presented by remanded youth.

The Nonsecure Detention Foster Family generally:

o Is conducted in the private residence of a
family, specifically certified as a detention home.

o Has a certified capacity based on the size of the
dwelling, the philosophy of the administering
agency, and the ability of the family to provide
care and supervision. It is generally not certified
for more than four youth.

o Serves as a component in a network of detention
services.

o Is totally dependent on community services to
meet the needs of youth remanded to care.

o Is much less expensive to operate.

o Cannot be expected to handle more disruptive or
aggressive youth.

Own-Home Detention generally:

o Supervises youth who reside in their own homes.

o Allows greatest flexibility in sustaining
continuity of positive influences and activities in
a youth's life.

o Serves as a component in a network of detention
services.

o Is totally dependent on community services to
meet the needs of youth remanded to care.

o Is the least expensive program model to operate.

o Is designed to accommodate fairly well-socialized
youth with intact families and to provide some
basis for positive community involvement.

Daily Programming as a Preventive Measure

A key to preventing the institutional abuse and
maltreatment of youth in detention is to change the
focus of programming. The direct careworker is a
key player in shifting the focus of responsibility
from "maintenance and custody" to assumption of
positive developmental responsibility for youth
while they are in detention. As programming focus
shifts toward positive development, it moves
further from the possibility of abusive or
neglectful situations.

Programming structure, organization, and
predictability are key elements in reducing
situations of conflict and stress for both youth
and staff. Reduction of conflict and stress reduces
confrontation and the potential need for subsequent
physical interventions. The direct careworker
should be given an active role in designing and
refining daily programming routines. Routines
should facilitate smooth transitions from activity
to activity. Activities should be designed to
enhance self-esteem and facilitate individual
feelings of completion and success. Win-win
activities generally serve program goals better
than win-lose activities.

Supervision and Interaction

In the absence of restrictive construction and
hardware, staff supervision and interaction are the
most significant methods to monitor, control, and
motivate the behavior of youth.

The relationship of the direct-care team and the
individual direct careworker to groups as well as
individual youth is a powerful and dynamic tool for
implementing the agency mission. Building a
consistent approach for establishing discipline,
limits, program procedures, and behavioral
expectations of residents minimizes "testing"
behavior, inequities, and subsequent confrontations
and interventions.

Judicious use of authority by direct-care staff is
highly respected by detained youth. The
authoritative battle of wills generally escalates
confrontation, puts staff in a "must win" position,
and is counterproductive to program goals. It
should be held in reserve as a last resort.

Supervision of youth through proactive interaction
by a direct-care staff team unified by a commitment
to positive youth development will minimize the
potential for abusive situations in NSD.

Alternatives to Secure Detention: The Case of
Diversion

The Need for Alternatives to Secure Detention for
Juvenile Offenders

The need for alternatives to secure detention for
juvenile offenders within the justice system has
once again become an issue of critical concern.
Between 1979 and 1984, the number of juvenile
offenders sent to adult correctional facilities
rose by 48 percent, and by 1985, two-thirds of the
Nation's training schools had reported conditions
of chronic overcrowding (Krisberg and Austin,
1993). Notably, this increase in youth custody
rates occurred at a time when the overall youth
population was declining (U.S. Department of
Justice, 1992).

The focus on deinstitutionalization and alternative
programming for juvenile offenders, prominent
during the 1960's and early 1970's, has shifted to
a current emphasis on the use of secure detention
(Schillo and Davidson, 1994). This shift in the
philosophy of the juvenile justice system has been
attributed to the conservative agenda, which
dominated national debates over juvenile justice
during the late 1970's and 1980's (Krisberg and
Austin, 1993). Conservatives accused the courts of
being too lenient with dangerous juvenile
offenders, questioned the practice of diverting
offenders from the juvenile justice system, and
called for the use of punishment and deterrence,
specifically secure detention.

Furthermore, many communities failed to develop and
fund adequate alternative programs, as directed
under the 1967 President's Commission on Law
Enforcement and Administration of Justice (Krisberg
and Austin, 1993). As a result, the juvenile
justice system is currently strained to provide
services to a population that is detained mostly
because of property, drug, and assorted minor
offenses. 

Increased rates of incarceration and high rates of
recidivism for juvenile offenders highlight the
need to reexamine the use of alternative
intervention strategies. In 1995, the adolescent
population again peaked as the children of the baby
boom generation reach their teenage years (Krisberg
and Austin, 1993), creating a serious strain on the
resources of the juvenile justice system if the
incarceration of juvenile offenders continues at
the rate witnessed during the previous decade. The
use of cost-effective alternatives to secure
detention that reduce delinquency will be critical
to the functioning of the juvenile justice system.

This section is intended to provide the juvenile
detention caregiver with an understanding of a
widely used alternative to secure detention--the
diversion of juvenile offenders. The definition of
diversion will be discussed as well as an
understanding of how an alternative program is
started, funded, and operated; how referrals are
made to an alternative program; and how youth who
might otherwise be detained might benefit from an
alternative program. Finally, the critical
components of developing a diversion project as an
alternative to secure detention are outlined. The
goal of this section is to provide the detention
worker with an understanding of his or her role in
promoting an alternative program. 

Diversion as an Alternative to Secure Detention

Diversion represents an alternative method for
dealing with delinquent youth outside the formal
juvenile justice system. The practice of diversion
is not a new concept because the creation of the
original juvenile court was actually an attempt to
divert juvenile offenders from the adult criminal
system (Mennel, 1972). 

Present-day diversion programs developed mostly in
response to the 1967 President's Commission on Law
Enforcement and Administration of Justice
(Gensheimer, Mayer, Gottschalk, and Davidson,
1987). The Commission presented the goal of
eliminating ineffective practices in the juvenile
justice system by developing dispositional
alternatives to adjudication (Whitehead and Lab,
1990). These alternative methods would divert youth
from the formal system to minimize the adverse
effects of the justice system on youthful offenders
and to provide effective services that would help
the youth avoid future trouble. 

Diversion Defined. Diversion has been broadly
defined as "the formal channeling of youths away
from further penetration into the juvenile justice
system to an alternative nonjudicial means of
handling the juvenile" (Gensheimer et al., 1987, p.
41). However, there is a great deal of variance in
the use of diversionary practices within the
juvenile justice system. The practice of diversion
differs greatly according to the point at which the
juvenile is diverted from the system (Whitehead and
Lab, 1990). At the initial level of contact with
the juvenile justice system, juveniles can be
directly diverted by law enforcement officers
either before an arrest or after an arrest, but
this must occur before any further system
involvement. Diversion can also take place during
intake or after adjudication, but it must occur
before disposition. 

Diversion and Delinquency Theory. Diversionary
practices also differ according to their
theoretical basis concerning the causes of juvenile
delinquency. The use of secure detention is most
often based on deterrence notions of behavior
(Davidson et al., 1990). By contrast, many
diversion interventions are based on social
labeling theory (Davidson et al., 1990). Proponents
of this theory argue that the negative effects of
labeling juvenile offenders as "deviant" produce
continued criminal behavior.

Diversion programs are also frequently based on an
environmental differences model, which argues that
the source of delinquency is found in the
environment rather than the youth (Davidson et al.,
1990). Diversion programs based on this theoretical
assumption attempt to alter the environment or,
more specifically, the opportunity structure for
youthful offenders through the use of skills
training, education, and vocational programs. 

Finally, other diversion interventions are based on
theories of social control, which suggest that a
variety of conditions weaken a youth's ties to
conventional order and lead to criminal behavior,
or theories of social learning, which argue that
juvenile criminal activity results when the youth
learns that delinquent behavior is rewarded
(Davidson et al., 1990). Diversion programs based
on these theories may work to strengthen the
youth's ties to conventional order or to reinforce
prosocial behaviors through the use of behavioral
contingencies and/or involvement of families, peer
groups, and significant others within the program. 

Diversion programs vary greatly depending on when
the juvenile is diverted from the system. Diversion
may involve police officers releasing youth after
an arrest with no further intervention. It may
include providing youth with information about
appropriate community resources for dealing with
problems. Diversion may also include programs
designed to provide service brokerage or referral
to a community agency for assistance. Finally,
diversion may include alternative, community-based
programs designed to provide diverted offenders
with direct services.

Michigan State University Adolescent Diversion
Project

An excellent example of a diversion program is the
Michigan State University Adolescent Diversion
Project (ADP) conducted in conjunction with the
Ingham County Juvenile Court (Schillo and Davidson,
1994). The model serves as a viable alternative for
the county juvenile and/or family court. The
project continues to receive strong support from
officials responsible for the allocation of county
funds that support ADP. In a time of shrinking
local budgets and increasing costs for
incarceration, ADP is considered an effective and
cost-efficient alternative for handling juvenile
offenders. Recently, county officials have
encouraged project staff to consider expanding
services by 25 percent--a proposal that is
currently under discussion.

ADP remains flexible and responsive to changes that
have an impact on adolescents and the juvenile
justice system. In response to a request on behalf
of probate court, ADP and court staff are currently
working together to examine the possibility of
introducing elements of community service into the
project. Furthermore, ADP staff are constantly
engaged in updating training materials and
procedures to address the changing needs of the
youth served by the project.

Developing a Diversion Program as an Alternative to
Secure Detention

Several critical components in the process of
developing and operating an effective diversion
program have been identified throughout the history
of ADP. The primary component is convincing the
public that the people who run the project know and
understand the problems of delinquent youth (Ku and
Blew, 1977). Briefing judicial officials about the
purpose, nature, and operations of the project as
well as the potential impact that this program may
have on juvenile court operations or caseloads is
critical in avoiding future misunderstandings. This
process of establishing credibility and selling the
project may need to occur at multiple levels, from
law enforcement officers and court staff to
prosecutors and judges. 

Another critical element in this process involves
working directly with those who will be responsible
for diverting youth (Ku and Blew, 1977). To
convince officials to divert offenders, it is
necessary to meet with these officials and assure
them that the program will be able to handle
potentially delinquent juveniles and those with
records of serious delinquency. Those responsible
for diverting youth must understand how diversion
operates. To have a significant impact on the
justice system, they should not divert youth who
would be informally diverted anyway (warned and
released). It is also important to provide referral
officials with timely feedback about the
performance of the youth who have been diverted. 

The other half of the process of establishing an
alternative program involves identifying available
resources for the operation of the project. The
initial decision is deciding whether to locate the
program within or outside the formal justice
system. Although it may be logical to locate some
types of diversion programs within the justice
system (e.g., the diversion of juveniles by police
officers), the objectives of other programs may be
compromised by such actions. Research reveals that
volunteers who work under the supervision of the
formal justice system are limited in their
abilities to effectively address the needs of their
youth (Blakely, 1981). 

Regardless of where the program is located, a
source of funding for the project will need to be
secured. Various levels of government (city,
county, and State) and private sources
(foundations) represent possible sources of funding
for alternative programs. In localities with access
to university or college resources, the potential
exists to establish collaborative agreements with
these institutions for the development and
operation of an alternative program. In the case of
ADP, Michigan State University provides the
resources (office space, staff, and a pool of
volunteers) that allow ADP to operate at a fraction
of the cost of a court-run program. It should be
noted, however, that using college students is not
essential to the operation of a project such as ADP
because this project has been successfully
replicated with contractual staff (Davidson and
Johnson, 1987).

Summary

In summary, the basic elements for replication of
an alternative diversion program such as ADP
include a community that recognizes a need for
juvenile intervention services, cooperation from
law enforcement and juvenile officials, and
accessible resources and interested individuals (Ku
and Blew, 1977). Diversion programs offer a viable
alternative to the use of secure detention and
offer flexibility for an overburdened juvenile
justice system. This chapter has been designed to
assist detention workers in developing a clear
understanding of the operation of an effective
diversion program and an understanding of their
role in using and promoting effective alternatives
to the use of secure detention.

------------------------------

Chapter 4 Adolescent Development and Delinquency

Adolescent Development

Instead of juvenile detention, what if this were
your first day on the job at Joe's Service Station?
You have just been hired to change or fix flat
tires. It sounds like a simple task, but you notice
a variety of equipment associated with each job. Do
you need to know how these things work? Does
understanding how to operate a pneumatic drill to
remove lug nuts help you do your job more
efficiently?

Do you remember the first time you cut the grass
with a power mower? Did someone explain to you how
the mower works, where the dangerous parts are, and
how to turn it off in case of an emergency or
problem? You probably felt more comfortable and
safer as you learned more about the operation of a
power mower.

The more knowledge and understanding you have about
what you are doing, the more likely you are to do
the job better, more efficiently, and more safely.
The same thing applies to working with juvenile
offenders. The better you understand juveniles, the
greater the likelihood that you will be successful
at the job and will be able to ensure the health,
safety, and well-being of the youth you supervise,
your coworkers, and yourself.

In recent years, there has been less emphasis on
adolescent development as an area of knowledge
essential for juvenile detention caregivers. The
assumptions found in adolescent development and
delinquency theories contradict many contemporary
views of juvenile justice. As will be discussed
later, an understanding of developmental stages as
well as the biological and psychosocial correlates
of delinquency support the belief in a diminished
capacity on the part of juveniles. The more you
understand why delinquency occurs, the more you are
obligated to use your skills to improve or
remediate this diminished capacity. The more you
buy into the idea of diminished capacity on the
part of young people, the greater the obligation to
help.

A conservative approach to juvenile justice
minimizes diminished capacity, looks at offense
seriousness as an indicator of maturity, and
reasons that all serious and violent offenses are a
product of a rational decisionmaking process. Using
such a free-will perspective, many people involved
in juvenile justice subscribe to the belief that
juveniles carefully and thoughtfully choose to
break the law. If you believe that youth are
totally free from outside influences and forces,
then their behaviors (or crimes) would be the
result of their choices. From this perspective, you
need only make the consequences of their choices
more painful or aversive so that they do not choose
this behavior in the future (a punishment-based
approach to juvenile justice). This belief relieves
you of any responsibility to help, and you may then
consider yourself a "correctional officer" or
"guard." The National Juvenile Detention
Association (NJDA) is not aware of any evidence to
support the effectiveness of this strategy for
changing the behavior of juvenile offenders. For
this reason, your job is that of a "caregiver."

Choices and Diminished Capacity

Charly Skaggs developed a delinquency prevention
program based on the concept of choices. His
assumption was that the majority of juvenile
offenders made poor choices (chose crime) because
of a diminished capacity fueled by a lack of good
information. Without good information and knowledge
about how and why juvenile offenders behave the way
they do, you also could operate under a diminished
capacity and make poor decisions about your job.
You are not working in adult detention; this is
juvenile detention. The difference is not only a
matter of age but a matter of development. We do
not have the same expectations of a freshman in
high school that we have of a freshman in college.
Like the acquisition of knowledge, personality
development occurs sequentially, and problems with
the sequence can lead to delinquency or other
problem behaviors.

Assumptions

All human beings progress through stages and
processes as they develop into people. These
processes include:

o Maturation of biological systems.

o Development of cognitive abilities and
personality.

o Knowledge of how to get along with and behave
around others. 

Development occurs in sequential stages. Each stage
builds on the experiences of previous stages and
involves interdependent physical, cognitive,
emotional, and social processes. Full maturation
and realization of developmental potential can be
influenced positively or negatively by the complex
interaction of various factors, including:

o Genetic predispositions.

o "Socializing agents" (i.e., family, peer groups,
and schools).

o Basic living conditions.

Adolescence as Transition

Adolescence is the period of transition from
childhood to adulthood. This transition is a time
of rapid changes in body, emotions, attitudes,
values, intellect, relationships (parents, peers,
authorities), freedom, and responsibilities. During
this period of change, the main goals of an
adolescent include:

o Learning about a new body with new potentials for
feelings and behaviors.

o Making an initial separation from the family to
establish an independent identity.

o Defining his or her place in adult society.

It is important for the juvenile detention
professional to remember that great developmental
diversity occurs during this stage (approximately
between the ages of 12 and 18) and among
adolescents of the same chronological age. So much
is changing for the adolescent in the areas of
physical, mental, emotional, and social factors
that there is great variability and often a great
difference between youth of the same age.

Basic Needs

Every behavior is explainable as an attempt to meet
or mediate among needs. Indeed, much of life is a
continual struggle to resolve conflicting forces.
Basic needs include survival, a sense of belonging,
power, freedom, and fun. Survival needs include
food, clothing, shelter, and reproduction. Everyone
desires a sense of belonging (loving, sharing, and
cooperating). Healthy adults and juveniles need to
feel a degree of power over their lives. Power
needs include competing, achieving, and gaining
importance.

As a person begins choosing his or her behavior,
that individual experiences freedom. It is
particularly important for juvenile caregiver staff
to provide the greatest possible opportunities for
youth to exercise their desire for the freedom to
make choices.

Having fun provides an adolescent with time to
learn and play. These times of pleasure allow a
welcome relief from the pressures of the
institutional process.

Psychosocial Developmental Stages

The concept of psychosocial stages of development
is attributable to Erik Erikson (1967). He proposed
eight stages of development that call attention to
problems of social adaptation. Erikson described
development as a process that extended throughout
life, rather than occurring only in the early
years. His underlying assumption was that
personality developed according to steps or stages,
which were determined and influenced by several
factors, with society being the most important.
When society was structured to help individuals
through each stage, normal and healthy development
occurred.

Erikson identified certain learnings that had to
take place in each stage and were critical to
further development. Calling these learnings
"crises," he described the results if the learning
crisis was not overcome. Erikson called the most
important learning crisis "the identity crisis." He
believed that every young person needed to generate
a central perspective or direction that gave
meaning and purpose to life. Erikson contributed
two important points to our understanding of
juveniles. First, human development progresses
through stages, and the inability to resolve any
conflicts in one stage will create problems for
subsequent stages. Second, even though outcomes (or
movement through the stages) are influenced by
biological and hereditary factors, the most
important influence is the role that society plays
in satisfying or frustrating these developmental
needs.

A Common Virtue

People are more than just collections of behaviors.
Each person consists of many thoughts, feelings,
and experiences that are uniquely his or her own.
Juvenile caregivers and youth in detention programs
are no different. Both groups come to this
encounter with their own particular ways of seeing,
interpreting, and responding to the world around
them. 

A key way for juvenile caregivers to work
effectively with so much difference is to be at
ease with themselves and to allow youth to be
themselves as well. Toward this end, it is
important for each juvenile caregiver to operate
from a frame of reference that includes a knowledge
of: 

o What all people have in common by virtue of being
human--the needs and changes specifically
associated with adolescence.

o What underlying factors may be involved with any
behavior.

o What behaviors may signal the need for
professional intervention.

The Family

Families provide youth with many critical values,
perceptions, and beliefs. These issues have a
dramatic effect on a person's behavior as the
individual grows and leaves the family to enter the
larger world of adulthood.

Perhaps the most important item supplied by a
family is a sense of self-worth. Self-worth is the
internal picture a person has of himself or
herself. The nature of this picture (i.e., whether
it is positive or negative) is a crucial factor
influencing what happens inside the person and
between that individual and other people.

Youth who have a positive sense of self-worth
possess a feeling of importance and believe that
the world is a better place because they exist.
They have faith in their own competence, are able
to ask for help, and appreciate the worth of
others. Youth with a positive self-worth radiate
trust and hope. Furthermore, effective juvenile
caregivers also need positive self-worth.

Juveniles who possess a negative self-worth feel
that they are of little consequence and expect to
be cheated, stifled, and unappreciated. In
expecting the worst from others, they tend to
invite such treatment. As a defense, they will hide
behind a wall of distrust and will isolate
themselves from others. Separation from others
often leads to apathy ("I don't care") and
indifference ("So what?!"). Juveniles with negative
self-worth will often treat others badly, because
they "know" others will treat them badly if given
the chance.

Every youth develops ways to communicate with
others in a family context. Communication is simply
how we make and share meaning with others. How one
communicates and what happens as a result are
usually the products of early interaction with
family members.

Every youth is linked through family relationships
to people and institutions of the larger society.
Through family interaction, a child learns ways for
communicating with others, the guidelines (rules)
for feeling and behaving, and the consequences of
being "linked" to the society.

In a healthy family, each member feels like a
person in his or her own right. Each member is
noticed, valued, and loved. Each member also is
expected to notice, value, and love the other
members. When mistakes (actions that cause some
sort of pain) occur, they are dealt with in ways
that promote healing, learning, and growth.

In a troubled family, there is a consistent pattern
of mistake making, which cripples the ability of
each member and the entire family to cope
effectively with reality. This family is
dysfunctional. Feeling guilty or blaming others in
the family is never useful but occurs regularly in
dysfunctional families. Generally, the causes of
any dysfunction tend to be invisible because no one
in the family knows what to look for.

Family and the Detention Experience. There is a
growing trend to involve the families of juvenile
offenders as soon as possible after the youth has
been placed in a detention center (Roush and Roush,
1993). This movement is based on the need to
strengthen the family as a resource for the youth.
Parenting skills training and family intensive
interventions work to safeguard the family as the
"natural community" of the child. This safeguarding
is best accomplished by involving the family as a
partner in the youth's restoration from the
beginning of the court or detention process
(Christensen, Bowling, and Schauer, 1991).The
relative isolation of the detention facility from
the public as well as the power of the court to
compel parental involvement can create a "safe"
place where something can be done to improve
family-child relationships (which are usually the
origin of the youth's problems).

Urie Bonfennbrenner, a noted expert on child
development, believed that the family was all that
American society possessed for raising children. In
most cases, it makes sense to develop strategies
that involve the family in the programs and
services offered by the juvenile facility.
Detention personnel should be encouraged to set up
activities that involve parents, and the
institution should take the initiative in this
regard. The feedback from staff, youth, and parents
is very positive regarding "family" activities at
the detention center (Roush and Roush, 1993).
Parents of juvenile offenders are looking for help,
and they want to be a part of the helping process.

Developmental Needs

Because of the above-mentioned changes occurring in
their lives, adolescents have a number of
developmental needs, including physical activity,
competence and achievement, self-definition,
creative expression, positive social interactions,
structure and clear limits, and meaningful
participation.

Activity. It is important that any program designed
to serve youth provide a means for the constructive
channeling of energy (physical activity). There is
a particular need for at least some involvement in
noncompetitive sports and activities that allow for
differences in strength, dexterity, and size.

Competence. Everyone, the adolescent in particular,
needs to have his or her accomplishments valued by
individuals he or she respects. One needs to have
opportunities to prove oneself, especially in ways
that are rewarding if all goes well but not
devastating if there is disappointment.

Identity. Adolescents need to become accommodated
to the "new self" that they are becoming. Rapidity
of change requires time to absorb new ways of
thinking, feeling, and reacting to others, and it
requires time to reflect on the meaning of new
experiences in exploring a widening world.

Adolescents need to develop new and constructive
ways to express new feelings, interests, abilities,
and thoughts. It is helpful if a youth can engage
in a variety of activities, such as the arts and
sports, that encourage passion, intensity,
curiosity, learning, and individuality.

Social Skills. Youth need positive social
interactions with peers and adults. Teenagers need
relationships with reassuring and informed adults
who like and respect them for who they are. An
effective worker must be able to respond
sensitively to the youth's joys and confusion as
well as to his or her dreams and worries. The staff
should be models of healthy, functioning adults.
Juvenile caregivers should not impose their own
personal ethics and values but should help youth
develop their own ethical standards. Healthy
interactions with peers provide support and
companionship, while creating opportunities to deal
with criticism and promoting identification and
imitation. Social skills training programs are used
in detention to enhance this process (Roush,
Christner, Lee, and Stelma, 1993).

Structure. Adolescents must be provided structure
and clear limits with flexibility to accommodate
their ever-increasing capabilities. Clear
expectations help unsure, self-critical youth by
defining areas where they can legitimately have the
freedom to explore, which allows for safe
experimentation with new emotions and sensations.
Establishing expectations should become an
increasingly participatory process so youth can
gain experience in setting their own limits.

Involvement. Youth need to see themselves as
participants, not merely observers. It is through
this process of participation that youth learn to
set limits on themselves. Youth should have a voice
in planning activities that shape their lives.
Meaningful participation in the development of
plans for short-term commitments that involve
varied tasks and responsibilities allow exploration
of diverse interests and abilities.

Distinguishing Between Disturbing Behavior and
Disturbed Behavior 

Adults often find it difficult to deal with the
range and intensity of behaviors exhibited by
adolescents. It is helpful to distinguish between
behaviors that merely disturb adults and those that
may warrant professional intervention.

Behavior can be classified as a range, beginning
with positive, considerate, productive, prosocial
behavior and ending with disturbed, abnormal
behavior that clearly indicates the need for
professional intervention (Dorman, 1985). These
extremes are easily recognized, but it is very
difficult to assess the needs of an adolescent who
displays worrisome behavior that may irritate or
worry adults. 

Adolescents are also prone to display behavior that
is reckless, irresponsible, and potentially
dangerous, yet typical of their youthful
immaturity. An example of irresponsible behavior
and irrational adolescent thinking is MTV's "Beavis
and Butt-Head." The popularity of this questionable
cartoon is its ability to capture both the
troubling and troubled aspects of adolescence. It
also captures a bit of the adolescent in the adults
who watch it.

Detention workers should consider the following
factors when assessing the harmfulness of an
adolescent's behavior:

o The frequency and duration of the behavior.

o The adolescent's personality.

o The circumstances under which the behavior
occurred.

o Cultural and subcultural norms.

o The personality, tolerance, and values of the
adults determining the seriousness of the behavior.

Effective detention workers operate on a daily
basis with an understanding of client needs. The
particularly difficult teenage years require
detention workers to constantly assess the youth's
developmental needs in each interaction. Such
attention to the client's needs and perceptions
will greatly encourage communication and desired
behavioral changes.

Common Changes During Adolescence

Physical Development

During early adolescence, the biggest changes youth
experience are changes in their bodies. The only
other time the body changes as greatly and as
quickly is during infancy. During early
adolescence, some people grow rapidly, while others
grow slowly. However, by late adolescence, most of
the slower growers will have caught up. Boys
generally start to develop 2 years later than girls
but catch up very quickly between the ages of 14
and 16.

In adolescence, the basic shape of the body changes
as youth grow and develop. Girls become narrower at
the waist and broader at the hips and shoulders.
Boys become broader at the shoulders and more
muscular. Their voices deepen, especially between
the ages of 16 and 18, and they grow facial hair.
Both girls and boys grow body hair and develop
sweat glands. Chemicals called hormones control
many of these changes. It is during this period
that primary and secondary sex characteristics
appear, and adult reproductive ability emerges with
its associated behavioral changes.

Feeling a bit awkward during times of change is
normal, especially because most juveniles do not
quite understand what is happening. The following
are some important points for juvenile detention
staff to keep in mind:

o Adolescents whose bodies have matured and
developed may still think and feel like children.
This emotional immaturity can be confusing for them
and for the adults around them. The physical growth
spurt has nothing to do with how mature a person
thinks, acts, or feels.

o Besides getting taller, boys and girls are likely
to gain weight, which is perfectly normal. Still,
because bones tend to grow faster than muscles,
some teenagers look lean and lanky.

o Good nutrition is especially important during
adolescence. Juveniles who do not eat a nutritious,
balanced diet may not reach their full potential
height, strength, or size.

o Some changes during adolescence are permanent,
while others are temporary. Acne can be bothersome,
and that awkward feeling when youth are not used to
their new body also can be bothersome. However,
these problems are temporary.

During adolescence, youth begin to look the way
they will look as adults. They cannot do much about
their height, their body build, or their bone
structure. For this reason, they must accept their
physical development, however quickly or slowly it
takes place, and juvenile detention staff must help
them make the most of who and what they are.

Intellectual Development

Youth also experience rapid growth in their
intellectual development--the way the brain works.
The brain is a marvelous organ with capabilities
that make the most complex computer in the world
seem primitive by comparison.

During adolescence, important changes happen in the
brain and in the way youth think. Some scientists
believe that the brain actually grows larger at
this time. Youth develop the ability to remember
much more than they could when they were younger.
Even more important, their view of the world
changes in small but important ways.

For example, a young child who looks up at the moon
sees a round object about the size of a basketball.
As far as the child knows, the moon really is the
size of a basketball. The child is using concrete
thinking, believing only what he or she can see or
hear or touch. By the age of 10 or so, the youth
understands that the moon only appears to be small
because it is so far from Earth. This is abstract
thinking. The youth can't really see how the moon's
distance from Earth makes it seem smaller, but he
or she can understand it.

As teenagers begin to do more abstract thinking,
they can understand more about the world around
them. They become better problem solvers and can
figure out more difficult math, analyze a short
story, or predict the results of a science project.
They also gain an appreciation for contradictions,
especially in moral and ethical behavior. Fairness
and equality become major sources of concern.

Social Development

Social development refers to changes that move
youth toward new relationships with friends, more
independence, and more responsibility. With each
change, youth become more mature and less
childlike.

Most young adolescents want to be liked and
accepted by people their age. This need to be
accepted can work for or against youth. On the
positive side, it can encourage youth to do their
best so people will like them. On the negative
side, it may cause youth to do things that are
wrong or that they really do not want to do so they
will fit in with the crowd or so people will like
them. Resisting negative influences is one of the
greatest challenges youth face.

Social change is another profound concern for
adolescents. "Who am I?" and "Who will I become?"
are questions that are of great importance to
youth. Teens find new interests, while approval
from peers and significant others becomes very
important. Youth want greater participation with
adults in the framing of limits for behavior.
Adolescents begin to shift attention from their
role in the family to their role in society, with
increased desires for independence, responsibility,
and privacy. Youth still rely on adults
(particularly parents) for affection, guidance, and
safe limits. Generally, adolescence is a time of
strict conformity to models of behavior that are
not learned from parents.

Emotional Development

Because of all the changes adolescence brings,
youth may sometimes feel worried or uncertain about
the future. Youth may feel that no one understands
what they are experiencing. Youth may be moody and
angry one minute, then happy and excited a short
time later. It can be like riding a roller coaster.

Certainly one of the most disturbing aspects of
adolescence for parents, teachers, and juvenile
staff is the series of dramatic emotional changes
that are typical of adolescents. These periods of
moodiness and depression may result from a number
of causes, including:

o Hormonal changes.

o Anxiety, stemming from limited life experiences
that can be used to deal with all of the new
desires, opportunities, decisions, and
expectations.

o Anxiousness to grow up quickly.

o Impulsiveness, often stemming from internal
conflicts, conflicts with authority, and the belief
that they are immune to dangerous risks.

o Intense sexual feelings and curiosity as well as
desire for intimacy.

o Fluctuations in self-esteem.

In adolescence, youth's emotions can change rapidly
from one moment to the next. Managing emotions may
seem difficult. Sometimes, youth feel as if they
are so happy they're floating; at other times, they
are so miserable they want to hide from the world.
Often, they do not even know where these feelings
come from.

Summary

Over the years, each of us develops a basic
understanding of human nature. We operate in our
daily work with a set of assumptions. These
assumptions about basic human nature affect our
interactions with clients, co-workers, family, and
friends. Effective juvenile caregivers understand
certain universals of the human experience. The
most important ones are as follows:

o Every human being is unique and valuable.

o Human beings are infinitely complex.

o Change is the way of the universe, and all people
must respond to it.

o Choices are made on the basis of an individual's
perception of reality at a given point in time.

o Perceptions of reality are shaped by such factors
as values, beliefs, attitudes, communication
styles, and behavioral repertoires (options or
choices).

o The potential for positive growth always exists
in any individual.

This final assumption is absolutely critical for
the effective detention worker. Juvenile justice is
rooted in the belief that children and adolescents
have the ability or may develop the ability to
change their behaviors.

Theories of Delinquency

The professional child careworker needs to
understand the different theories of delinquency.
Having a theoretical perspective on why youth break
the law is as important as understanding adolescent
development. However, the Desktop Guide cannot
address every issue related to juvenile detention,
and educating juvenile careworkers about
delinquency theory is more appropriately an
academic function that is better handled through
university coursework or juvenile justice textbooks
(Bartollas, 1985; Siegel and Senna, 1985; and
Trojanowicz and Morash, 1983) or materials prepared
especially for delinquency theory education
(Goldstein, 1990; Hughes and Reuterman, 1989; and
Vold and Bernard, 1986). Most colleges,
universities, and community colleges offer courses
in juvenile justice or juvenile delinquency, and
these courses include delinquency theory. If you
have not taken such courses, or if you have not
read a discussion of delinquency theory in a
juvenile justice textbook, you should plan to do so
as a part of your professional development.

Understanding delinquent and criminal behavior has
been approached from three perspectives:
biological, psychological, and sociological. The
biological approach maintains that the origins of
crime and delinquency are found within the
physiological and the hereditary makeup of the
organism. The psychological orientation holds that
illegal behavior is a function of intrapsychic
traits and processes. The sociological theory
explores delinquency in relation to society, social
structure, and group behavior.

No single theory completely explains juvenile
delinquency or its effective treatment (Jenkins,
Heidemann, and Caputo, 1985). For this reason, the
emphasis on one theory over another is frequently
tied to the perspectives of politicians whose
understandings of juvenile delinquency are more
often a function of rhetoric and appeals to public
sentiments about crime. Currently, there is
considerable controversy about the conflicting
goals of the juvenile justice system. However, the
Federal Government has supported a holistic and
interactive approach to delinquency theory based on
sound research practices.

Materials from the Office of Juvenile Justice and
Delinquency Prevention (OJJDP) contain a strong
emphasis on the interaction between individual,
family, and community variables. There are also
systematic efforts to discover those factors in a
youth's life that can be identified as causes or
correlates of delinquency (Howell, 1992). By
identifying discrete variables that are linked to
delinquent behavior, various theoretical approaches
can be used to develop delinquency interventions.
The OJJDP Comprehensive Strategy for delinquency
prevention and intervention (Wilson and Howell,
1993) outlines strategies and principles relevant
to all juvenile justice professionals, especially
juvenile detention caregivers. (See Chapter 1.)

Because most of this information is available free
of charge through the National Criminal Justice
Reference Service (NCJRS), you should make sure
that you have access to these materials either at
your facility or at your home. To sign up for NCJRS
publications, write to the following address:
National Criminal Justice Reference Service, P.O.
Box 6000, Rockville, MD 20850, or call (800) 851-
3420. 

Experts by Experience

Arnold Goldstein (1990) made reference to another
area of study that informed the juvenile justice
practitioner about juvenile delinquency. This
information was drawn from the experience of
juvenile offenders themselves. Goldstein's
assumption was that this experience was a valuable
source of ordinary knowledge which, when combined
with theory and research, greatly improved the
juvenile detention caregiver's understanding of
juvenile offenders and juvenile delinquency. This
strategy stresses the importance of talking with
juvenile offenders and listening to their life
stories. The more you know about juvenile offenders
and why they commit crimes, the better you will be
able to work with them. 

The following resources are particularly helpful in
gathering information about juvenile delinquency
from juvenile delinquents:

o Arnold Goldstein (1990) combines an excellent
review of delinquency theory with selected excerpts
from interviews with juvenile offenders.

o Carl S. Taylor (1990, 1993) offers insight about
gangs and delinquency from drug gang members.
Taylor's second book addresses drugs and gangs from
the perspectives of women and girls.

o Mary Taylor Previte (1993, 1994), Director of the
Camden County (New Jersey) Youth Center, presents
perspectives on life as written by youth in a
juvenile detention facility. Her book (1994) is a
powerful and uplifting account of work with
juvenile delinquents in a juvenile detention
center.

o Waln Brown (1983) tells his story of delinquency
and life within juvenile justice institutions. This
account is a telling description of juvenile
justice in the 1960's. 

Gangs

Gangs are a mechanism by which adolescents become
involved with crime and delinquency. The theories
used to explain gangs include many of the
developmental, biological, psychological, and
sociological factors previously mentioned in this
chapter. Gangs are included here because of their
contribution to the explanation of delinquent
behavior. Additional discussions regarding gangs,
violence, and drugs will be included in Part II of
the Desktop Guide.

Definition

There is little consensus about the definition of a
gang. For many years, various researchers have
defined gangs in different ways. For our purposes,
we will use the definition of a gang adopted by the
Chicago Police Department (Block and Block, 1993),
which states that "a gang is an association of
individuals who exhibit the following
characteristics in varying degrees: a gang name and
recognizable symbols, a geographic territory, a
regular meeting pattern, and an organized,
continuous course of criminal behavior."

Gang activity has increased dramatically during the
past two decades. Gangs are linked to drugs and
violence, and they present a major challenge to all
aspects of juvenile justice. OJJDP and numerous
college faculty have conducted surveys of gang
activity as well as reviews of gang research and
intervention strategies (Block and Block, 1993;
Cromwell, Taylor, and Palacios, 1992; Dart, 1993;
Goldstein, 1991; Huff, 1993; Spergel, 1992; and
Taylor, 1990). This information is very
comprehensive and contains relevant implications
for juvenile detention professionals.

Gang Theory

Why do gangs exist and why are they still popular?
Two major sociological theories are used to explain
why gangs exist. One theory emphasizes the
underclass, particularly those who live in poverty
and do not possess a legitimate opportunity or
access to wealth. Gangs supply a way to secure
material goods and status for many of these
individuals. Taylor (1990) stated that gang members
are drawn from the ranks of the under-class. "The
welfare roles are the selective service for
potential gang members."

Another theory focuses on social disorganization.
Social disorganization weakens social controls on
youth, particularly adolescent males, creating a
need for an alternative method of socialization.
Gangs serve these economic and social purposes.

From a psychological perspective, gangs meet many
of the needs of adolescents. Gangs provide a sense
of identity, social interaction, safety, money and
material goods, status, achievement, and a sense of
family, community, and belonging. These are very
powerful inducements for gang involvement, and when
combined with the sociological theories, create a
powerful rationale for gang involvement.

Youth Gangs of the 1990's

Although every generation claims that its problems
are unique and that the younger generation is more
troublesome and dangerous than previous
generations, you are entering juvenile detention at
a time when some distinct changes are occurring in
juvenile justice. Gangs and violence are a major
part of this change. Gangs today have a different
look than they did in previous years. These
differences include numbers, sex, age, motivation,
classification, and personality.

Numbers, Sex, and Age. Youth gangs in the United
States have grown in number and location, and
gang-associated problems continue to grow largely
unabated. In 1989, one national survey identified
gang activity in nearly every State. Although
thought of as a large-city problem, gangs appear in
most midsize and small cities. Accurate statistics
on gang membership are unavailable, but estimates
indicate that there are more than 70,000 gang
members in the city of Los Angeles.

Youth gangs are a male phenomenon (American
Psychological Association, 1993). Although male
gang members outnumber female members by 20 to 1,
gang activity among females is increasing. Girls
have always been a part of the gang membership.
However, their role and participation in the gang
has changed. Girls are becoming more violent and
more directly involved in criminal activity.

Individuals from a wider age range are involved in
today's gangs. It is common to find gang members
who are in their 20's and 30's. Some people have
speculated that fewer jobs translate into fewer
males who "grow out of" gang involvement. An older
gang membership has also been linked to greater
access to semiautomatic weapons.

The popularity of gangs draws younger children into
the gang. Many police departments in large cities
are arresting very young children (8-10 years old)
for gang-related drug offenses. The situation is so
troublesome in Chicago that the Illinois
legislature proposed a bill that would lower the
age of admission to juvenile detention to 8 years
old (second grade).

As more youth become involved in gangs at a younger
age, the number of gang members in juvenile
detention will increase. In a 1991 survey of
detention facilities, Chicago State University
researchers estimated that 16.5 percent of
detention residents were active members of a gang
(Knox, Tromanhauser, and McCurrie, 1992). Compare
this figure with the reported gang membership of
youth in your detention facility. Staff in large
urban detention facilities may find this figure to
be quite low. Unless a comprehensive plan is
implemented to address the problems of youth gangs
in the United States, the percentage of gang
members in juvenile detention facilities will
probably increase.

Motivation for Money. Motivation for gang
membership appears to be economically driven. As
discussed above, gang membership satisfies many of
the psychological needs of adolescents, and current
reports on gangs indicate that these needs are
still a prime motivating factor for youth who join
a gang. However, gang members also report that
these factors are somewhat secondary to the money
available through the gang. The sale and
distribution of drugs by gangs is an employment
opportunity for many poor, urban youth who see no
hope for the attainment of wealth or material goods
through legitimate means.

Corporate or Instrumental Gangs. As contemporary
gangs have organized for the purpose of the sale
and distribution of drugs, a new type of youth gang
has evolved. Traditional classifications have
included informal or loosely structured gangs. The
majority of gang activity occurs through the
informal gang network. The larger and more
organized gang has been known as the territorial
gang, and it is this concept of a territorial gang
that is directly associated with "turf" issues.

The sale and distribution of drugs has brought
about an evolution in many territorial gangs. The
new gang includes a greater organization to
maximize the efficiency of the sale and
distribution of drugs. Taylor (1990) referred to
this new classification as "corporate" gangs, while
others referred to it as "instrumental" gangs. For
these corporate gangs, Taylor claimed that "the
true color of addiction is green [money] not white
[cocaine]." He estimated that one Detroit drug gang
was doing more than $7 million of business per week
during the height of its operations. From that
perspective, this drug gang was one of Detroit's
largest businesses, yet it paid no taxes. 

Personality. The personality of today's gang member
is difficult to pinpoint. Spergel's (1992) review
of the gang literature indicated that no particular
pattern of personality dominated gang membership,
which may be a factor of the wide range of gang
classifications. If corporate gangs have a broad-
based appeal for membership because of money-making
opportunities, more youth with "normal"
personalities may be joining gangs for economic
reasons rather than to meet frustrated
psychological needs.

Other gang experts argue that gang members include
a disproportionate number of youth with problems.
Taylor believed that gangs contained many youth who
had a distorted sense of American values. Their
view of the American dream incorporates illegal
means to get money, including murder. Others note
that sociopaths are particularly drawn to gangs,
especially at the informal or scavenger gang levels
(Goldstein, 1991).

Taylor analyzed the responses of many gang members
to various questions about gang activities. When
asked if drug gang activity was wrong, a 14-year-
old corporate gang member from Detroit responded: 

Wrong? What's wrong? I'm just selling suckers what
they need. If they want it I got it, why not!
People get high all over the world and anyway
everybody gettin' high ... what's illegal? Selling
dope is just business. The way I see it, rollin'
[selling drugs] is the only way a fella can make it
today.

Drugs and Violence

Gangs are a primary concern to juvenile justice
professionals because of their link to drugs and
violence. The sale and distribution of illegal
drugs is a big business, and corporate gangs are
the organizations that run the business. In
business terminology, drugs are the product. Supply
is good, and demand is high. Therefore, a system or
mechanism is needed for the acquisition,
distribution, and sale of the product. Sales
territories must be established so that
salespersons can maximize distribution and sale of
the product. Employees are recruited (sometimes
referred to as "posse" or "crew") for each of these
purposes. The illegal nature of the product means
that danger is involved in its acquisition,
distribution, and sale. Because of the danger, guns
become a tool of the trade as a means of protecting
employees and one's investment in the product. The
very high profit margins make violence a very
effective way of safeguarding the business, and the
large amounts of money buy the most sophisticated
and powerful weapons available. As the amount of
money increases, the value of human life decreases.

Increased Violence. Goldstein (1991) identified the
following factors that increase the amount of
violence associated with gangs:

o Environmental enhancers. Violence is enhanced by
the drug-related activities of the gang. 

o Gang fighting is more about selling drugs and
economic territories than it is about traditional
"turf" battles.

o Territory remains an issue because of increased
mobility.

o A disproportionately high number of gang members
carry guns, and these guns are significantly more
lethal and easier to use than previous weapons.

o Qualities of gang members. Violence is linked to
the increased number of gang members and to the
increased age of gang members.

- Greater numbers affect violence in the following
ways:

First, the group has a tendency to encourage
violence through a depersonalized process. Similar
to mob violence, in which frenzied behavior can
turn quickly into violent behavior, gang violence
gains quick support when individual responsibility
becomes lost in the large group. 

Second, the increased numbers of gang members mean
that there are probably more sociopaths involved in
the decisionmaking. This increases the likelihood
that violence will become a part of gang strategies
and that it will receive support from gang members.
When the peer value system that fulfills or
satisfies the basic psychological need for
belonging also endorses violence, individuals will
quickly accept the idea that violence is
acceptable.

- Older gang members are more inclined to carry
guns and to use violence and aggression as a way of
maintaining their dominance in the gang.

- A common trait of gang members is the need for
respect. Violence as a form of power, domination,
and superiority satisfies many of the personal
needs of those gang members who have low self-
esteem. Childhoods associated with abuse (physical,
sexual, and emotional) and rejection produce anger
and self-doubt. Violence is very effective for
demonstrating strength, power, status, esteem, and
authority within the gang.

- Law enforcement and juvenile justice
professionals describe a "new breed" of gang
delinquent. The characteristics used to describe
the new breed parallel the traditional definition
of a sociopath. The lack of conscience, remorse,
and responsibility is a concern for juvenile
detention caregivers. Although the sociopathic
nature of gang members may be a function of the
disintegration of social institutions--such as
family, schools, and churches--these antisocial
values are reinforced by the gang. 

o Immediate provocation. For reasons that are not
altogether clear, violence is associated with a
wide range of issues that trigger aggressive
behaviors by gang members.

Summary

Violence has become an acceptable problem-solving
strategy for youth gang members. Although violence
is reinforced by the gang, it does not have its
origins in the gang. The acceptance of violence has
its origins in the lessons learned in early
childhood from the family, television, the
community, and American culture. Violence is a
predominant means of conflict resolution in the
United States. Elementary school principals report
an increasing number of angry encounters with
parents who have advised their children to use
violent behavior in response to almost any offense
or provocation. Taylor (1990) focused on the
importance of the mother as a powerful source of
approval for violent and illegal behaviors. One
gang member told him, "My momma talk about how
proud she is of me making doughski [money]. She
used to dog me and say I wasn't `shit,' but now
she's proud."

The implication for juvenile detention caregivers
is important. Counseling strategies in short-term
detention are not likely to change the opinions of
youth gang members concerning illegal and violent
behaviors when these behaviors are endorsed and
supported by the gang and family members. Taylor
warned juvenile justice professionals that the most
difficult youth to work with were those who
received maternal approval for the money generated
by drug-related gang activities. He wrote, "If
momma says it's OK, it's OK; and there's not much
you're going to do about it."

On a more positive note, a comprehensive analysis
of gang interventions reveals numerous programs
with positive results (Goldstein and Huff, 1993).
Intervention strategies are available to address
social skills, moral development, family
preservation, school-based services, employment
training, recreation, community involvement, and
law enforcement. These strategies parallel the
components of effective violence reduction programs
for adolescents that focus on problem-solving
skills, assistance to families at-risk, reduction
of central nervous system trauma, controlled access
to firearms, and enhanced racial and ethnic
identity (Bell and Jenkins, 1990, 1991, and 1993;
Jenkins and Bell, 1992; and Roth, 1994). Effective
strategies are available.

------------------------------

Chapter 5 Rights and Responsibilities of Staff and
Youth

Juvenile detention personnel should have an
understanding of their rights and responsibilities
as well as those of the minors 
they are serving. Provision of detention services
is becoming more demanding year by year. As society
grapples with the dilemma of providing treatment
while sanctioning misbehavior by minors in trouble
with the law, detention staff are often expected to
perform professionally under adverse conditions.

This chapter will inform you about your potential
liability while working with minors in detention
and give you a greater understanding of the legal
requirements imposed upon detention personnel. For
additional information about legal liability of
juvenile justice staff, see the following: Bell
(1992) and Chapter 2 of the Desktop Guide to Good
Juvenile Probation Practice (NCJJ, 1991).

Parens Patriae

Detention personnel are the embodiment of the
longstanding mandate of the juvenile court. With
the establishment of the first juvenile court in
1899, the doctrine of parens patriae set the agenda
for the purpose of the juvenile justice system and
those working under its auspices. Parens patriae
recognizes the State's authority to intervene in
family matters to protect the State's interest in
children. Legally, the doctrine holds that in order
to protect the State's interest, the juvenile court
and its officers have the right to intervene
benevolently in directing the care and custody of
the State's youth.

Detention personnel are given tremendous authority
over minors in their custody. This significant
authority is accompanied by significant
responsibilities. It is this authority-
responsibility connection that good detention
workers must balance to provide high-quality
services in a professional manner. Abuse of that
authority can result in serious liability to
individual workers, the facility, and the county.
Thus, your decisions are important to yourself,
your coworkers, and the detained youth. It is not
an overstatement to say that your judgment could be
the difference between life and death. Therefore,
it is important that you understand that your
duties are paramount pursuant to parens patriae.

Liability

Generally, liability is a legal concept that should
be viewed as one that is dynamic rather than
static. Often, liability is not a subject that can
be analyzed in the stark contrasts of black or
white but more typically involves shades of gray.
Furthermore, liability is often quite complicated
and requires knowledge of legal principles as well
as an understanding of how those legal principles
interact with detention conditions. This article
will not delve deeply into the realm of liability
but will address the basic principles of liability.

More specifically, 42 U.S.C., sec. 1983 is a
Federal statute that allows citizens to sue
Government officials for violations of their
constitutional rights.(1) It provides that:

Every person who, under color of any statute,
ordinance, regulation, custom or usage of any State
or territory subjects or causes to be subjected any
citizen of the United States to the deprivation of
any rights, privileges and immunities, secured by
the Constitution and laws shall be liable to the
party injured in an action at law, suit in equity
or other proper proceeding for redress.

In applying 1983, the courts will always strike a
balance between the institutional interest in
public safety and security and the minor's
constitutional rights. Liability for detention
workers often depends on where the balance is
struck. Good practice and good workers understand
this, and they approach difficult day-to-day
decisions with this balance in mind.

A detention worker can be liable for violating the
rights of a minor depending on the following
circumstances:

o Duty.

o Official policy.

o Knowledge that the acts were unreasonable.

o Pattern of conduct.

o Causation.

Duty

Detention workers have a minimum duty to keep
minors safe from harm and to provide them with
education, recreation, and other forms of
programming. Duty means providing more than "three
hots and a cot" (three meals per day and a place to
sleep).

Official Policy

For liability to attach for violation of
constitutional rights, there has to be an official
policy that is being applied. Official policies
include actions that are specifically covered in
the policies and procedures manual or that directly
contradict what is contained in that manual.(2)
Furthermore, official policy also includes spoken
directions and practices implemented by staff
members.

Knowledge

This requirement focuses on reasonable behavior of
detention staff in any particular situation. If you
act reasonably, you have very little to fear. If
your acts are deemed unreasonable, then liability
may attach. Reasonable behavior by detention
workers is determined by looking at professional
standards(3) and practices by other professionals
in the field.

Pattern of Conduct

This requirement ensures that liability only
attaches when governmental practices are ongoing,
not accidental. Therefore, detention workers are
usually insulated from liability for mistakes in
judgment that do not affect constitutional rights.
The courts usually want to sanction conduct that is
intentional and deliberate.

Causation

Finally, liability is complete if the previous
factors are met, and those factors are found to
have actually caused the constitutional violation
of the minor. If the above-mentioned criteria are
met, then a detention worker may be found liable.

What are the consequences? Depending on the
severity of the violation, sanctions for liability
of detention workers can range from disciplinary
action to judgments against the worker's personal
assets. Therefore, it is in your best interest to
know good detention practices and to conform your
conduct accordingly. 

Conditions of Detention

The relationship between liability and the
conditions of detention for minors is very close.
Therefore, new detention workers should be well
aware of the requirements of the law regarding the
treatment of minors. In this context, treatment
does not signify a therapeutic strategy. As early
as 1961, the National Council on Crime and
Delinquency (NCCD) used the words "treatment of
youth in detention" to mean "the manner in which
youth are dealt with" in detention (Norman, 1961).

The various treatment mandates result from a
combination of court opinions and professional
standards. This article will assist you in
understanding the minimum guidelines for the
appropriate treatment of minors in your care and
custody.

Classification

Most States have laws requiring certain forms of
classification, such as separating males from
females, adults from children, dependent children
from delinquent children, or preadjudication youth
from post-adjudication youth. Most facilities have
their own written regulations for classification,
and most have additional regulations on the
separation of individuals accused of violent
offenses, individuals with infectious diseases, or
individuals with violent propensities.

One of the most crucial classification issues for
liability is the separation of known violent
individuals from more vulnerable children. Much of
the case law on classification arises from
situations when someone was injured or killed
because he or she was placed with violent
individuals.(4) A number of juvenile cases discuss
the need to protect children from harm by other
children.(5)

Statistically speaking, approximately 1 out of 10
youth who are arrested only once or twice will grow
up to become career criminals. This means that many
of the minors in juvenile detention centers and
some of those in State training schools are
lightweight offenders. Therefore, detention staff
should be aware not to put these youth in
situations that will make them vulnerable to the
predations or attacks of more sophisticated
juveniles.

A good classification system sets a good foundation
for decent care and custody. If you believe that a
child is inappropriately placed, you should be able
to articulate those reasons and raise them with a
supervisor. Protect yourself and the minor by
always being aware of changing behaviors during the
detention period.

Health Screening and Care

At a minimum, every facility should have a
screening mechanism for new minors (usually an
interview and a physical examination) that looks
for (a) communicable diseases, (b) alcohol or drug
intoxication, (c) pregnancy, and (d) medication
necessary for an ongoing condition (e.g., epilepsy,
diabetes, or asthma). Minors exhibiting any of the
first three conditions should not be placed in the
general youth population until they have received
specific medical treatment.

For long-term stays, children should also have
their vision, teeth, and hearing checked. Although
the screening should be done by trained personnel,
it does not have to be performed by a physician. If
a physician does not perform the screening, it must
be done by a nurse practitioner or physician's
assistant. It is not sufficient to have a
nonmedical staff person run through a brief
checklist. In Robyn A. v. McCoy, a case involving
the Multnomah County detention center, the court
mandated that health screenings include:

o Determination of:

- Current illness and health problems, including
sexually transmitted diseases and other infectious
diseases.

- Dental problems.

- Alcohol and other drug abuse problems, including
types of drugs used, mode of usage, amounts used,
time of last usage, and side effects after usage
has stopped.

o Observation of:

- Behaviors, including state of consciousness,
mental status, appearance, conduct, tremors, and
sweating.

- Condition of skin, including trauma markings,
bruises, lesions, jaundice, rashes and infections,
and needle marks.

In addition to screening, detention centers must
provide adequate medical services. Recent court
cases examine the following:

o Availability of a full-time doctor.

o Provisions for regular sick call.

o Dispensation of prescription medications by
nonmedical personnel.

o Provisions for handling medical or dental
emergencies. 

o Provisions for notifying parents of medical
problems.

o Provisions for medical services for inmates with
ongoing medical needs.

Proper HIV/AIDS training is also important for new
workers. Although this chapter does not address
this particular issue, workers should receive
training on confidentiality and universal safety
techniques. 

Psychological Care

Many children who enter detention today have more
emotional problems than in previous years. Children
are under increasing pressures to be emotionally
healthy in very unhealthy times. Obviously,
children who are detained are in trouble or just
beginning to exhibit behaviors that require
societal attention. It is a legal imperative that
detention centers do psychological screenings and
provide psychological care to protect these youth
from harm or, more important, to identify symptoms
that may be treated by the appropriate persons.

Children should have a basic psychological
screening upon entry into detention. This screening
device should be developed by a mental health
professional. Furthermore, the mental health
professional should train detention workers on
using the form and interpreting responses that the
form may elicit from minors. At minimum, the form
should address issues of depression, potential
suicidal behavior, and psychological history.

Likewise, if a minor is going to be detained for
some period of time after the detention hearing,
then a mental status examination should be given.
Furthermore, there must be 24-hour access to
psychological services. Although the law does not
require the institution to provide ongoing
counseling or therapy sessions, the best practice
is to include a way for children to talk about
their problems as part of the detention program.

If children are going to be confined in the
detention center for a long period of time, there
should also be a professionally developed treatment
plan and ongoing services.6 However, detention
workers must be careful when it comes to the
administration of psychotropic drugs.
Administration issues that affect detention workers
are (1) qualifications and training of dispensing
staff and (2) recordkeeping.

Staff have to be trained in the dispensation of
drugs and should recognize adverse effects.
Recordkeeping involves a log that specifies the
following:

o Name of each child.

o Name of medication.

o Amount of dosage.

o Frequency of administration.

These records should be regularly monitored by the
prescribing psychiatrist.

Access Issues

These issues involve the right of access to family
and other important people in the lives of detained
youth. When thinking about access issues, detention
workers should remember that some children have not
been adjudicated delinquent and that they are
subject to facility practices until an adjudication
hearing occurs. Because the juvenile justice system
encourages treatment and habilitation, children and
families should have significant access to each
other, and access should only be limited when
necessary for institutional security or other
appropriate reason.

Visitation. The right of the detained minor to
visitation is constitutionally protected.(7)
Detention facilities should ensure that visits can
be scheduled at least twice weekly and that
visitors can make arrangements for special visits.
Finally, visitation should not be reduced by staff
shortages. Visitation is a right, and it is the
institution's obligation to have adequate staff to
ensure that visits can occur as appropriate.

It should be noted that the right to visitation,
like any other right, is not absolute. The
institution may cancel visits or refuse to allow
certain parties to visit if there is a reasonable
belief that the persons are bringing in contraband
or if there is a safety or security justification
for denying a visit.

Telephones. During the admission process, the
American Correctional Association standards require
two phone calls.(8)

Although case law does not set an absolute
requirement for telephone use, the facility must
provide "reasonable" access to telephones. A youth
should be allowed to make a minimum of two calls
per week, and those calls cannot be taken away for
disciplinary purposes.9 The calls may be made to
whomever your telephone policy designates as proper
recipients of calls. Proper recipients usually
include parents, relatives, attorneys, and
probation officers.

With the recent advent of three-way calling and
call forwarding, many institutions believe that
they should be able to monitor phone calls to
ensure that detainees are not contacting victims,
arranging for retaliation, or making calls for some
other illegal purpose. Presently, the law has not
caught up with the advances in technology. However,
detention workers should keep this rule in mind:
You must have some demonstrable suspicion that
there is a justification to monitor the call. If
the suspicion is only a "hunch," it will probably
not be enough. If there is some other type of
demonstrable evidence, document it and check with
your supervisor before monitoring the call.

Mail. Sending and receiving mail is a protected
constitutional right.(10) For that right to be
utilized, detention centers have an obligation to
provide writing materials and stamps. Mail is
categorized into two types: privileged and
nonprivileged.

Privileged mail is sent between the child and his
or her attorney, a judge, a legislator, or some
other public official. It is usually designated as
such on the envelope (e.g., legal mail).(11)
Privileged mail may not be opened by staff, except
to inspect it for contraband.

Nonprivileged mail refers to all other mail. Mail
from someone outside the facility to a detained
child may be inspected for contraband but may only
be read by staff if there are grounds to believe
that the mail contains escape plans, plans for
criminal activity, other plans to violate the law
(e.g., a death threat against someone), or
obscenity. Even then, the staff must be able to
articulate those grounds in order to open and read
the mail. It is not enough for staff to just have a
feeling or a hunch. Unless staff can demonstrate
some factual basis to support their feelings, the
mail may not be read. There must be a
particularized showing, based on the specific
detainee's record or other facts related to
institutional security.

As a practical matter, the facility should do its
inspection for contraband in the presence of the
minor or have a minor monitor to ensure that staff
are not reading the mail when it is inspected for
contraband. Otherwise, if children receive letters
that have been inspected outside their presence,
the facility is leaving itself open for complaints
that staff did more than inspect for contraband.
The handling of outgoing mail should be the same.
Minors should be able to seal their mail when they
give it to staff for mailing. If this procedure is
followed, it cannot be argued that staff read the
mail when they inspect it before sealing.

Detention staff should know that if they have a
suspicion that children are planning escapes or
planning violent acts and gang activities through
the mail, then the mail can be censored. The law
lists the following circumstances for censorship:

o Whether the connection between the regulation and
the justification is so remote as to render it
arbitrary or irrational.

o Whether there are alternative means for inmates
to exercise their rights.

o Whether accommodation of the right will have an
impact on other inmates and staff.

o Whether there is an obvious, easily available
alternative to the regulation, which accommodates
the inmate's rights at little cost to penological
interests.

Programs

Programming involves the daily schedule of the
institution. It includes issues like education and
recreation. A detention center should be a place
where the children and the staff interact during
daily activities. It should not be a place where
staff stay in the "pen" or "cage" and are not
encouraged to mingle with children. Good detention
practice keeps children busy and active. The more
idle time children have, the more trouble they will
cause.

Education. Education is really the prime mode for
providing programs to confined children. State law
requires children to attend school until a certain
age, and juvenile institutions must comply with
State law requirements. It may also be the single
most important service institutions can provide,
because many children in institutions are behind in
their studies or have actually dropped out of
school.

Education services should begin after a child has a
detention hearing (usually within 3 days). There
should be a daily minimum of 5 hours of instruction
provided by qualified teachers. Furthermore, there
should be adequate space in the instruction area,
which should be quiet enough for learning to take
place. There also should be sufficient numbers of
teachers.

In many jurisdictions, the local school district
provides the education. Often, teachers are not
used to working in detention, and when children
misbehave in the classroom, teachers send them to
their rooms. It should be understood that the
institution has an obligation to educate children
even if they are being confined in their rooms for
disciplinary reasons. Detention staff and school
personnel should work together to formulate an
educational program so that children can
participate while in their rooms.

Special Education. One of the great tragedies of
our system is that many of the children who become
delinquent have undiagnosed learning disabilities
or other emotional problems that have gone
undetected or unaddressed by the school system.
These children will become further behind in their
studies and more alienated from the school system
if their problems are not addressed, even
belatedly.

It has been estimated that at least 30 percent of
the children in juvenile institutions are
educationally handicapped as defined by the Federal
Individual With Disabilities Education Act.(12)
Institutionalized children are constitutionally
entitled to a free and appropriate education under
the Individuals With Disabilities Education Act.

Most institutions do a poor job of implementing the
special education laws, and very few offer the
special education services required by the Federal
law and corresponding State statutes. Most lack the
ability to appropriately screen and identify
children who need special services, and few do an
adequate job of developing individualized
educational plans or implementing them.

The Individuals With Disabilities Education Act is
a very specific statute. Because of space
limitations, a full discussion cannot be devoted to
this subject here. However, the act's basic
premises are as follows:

o Children must be identified as needing special
education services.

o This identification process requires contacting
the child's last known school to determine if he or
she was tested; in the absence of this information,
the institution must conduct testing on the child.

Once the child has been assessed, the facility must
provide special education services. These services
include having instructors certified in special
education to meet the child's individual
educational needs.

Finally, special education needs are critical for
detained children. Detention workers should be
aware of this potential and assist in any way
possible to ensure that children are being properly
served.

Recreation. Recreation involves two issues: (1)
access to fresh air and (2) exercise and structured
recreation.

It is especially important that children have
access to fresh air for at least 1 hour on a daily
basis, if weather permits. This is true even in
cold climates. Detention centers should have
sweatshirts and coats so that children may go
outside when it is not inordinately cold.

Access to fresh air is a different situation for
the detention of children than for adult detention.
Children need fresh air and need to be active as
part of their growth and development. For this
reason, children should also have access to 1 hour
of large-muscle exercise as part of their daily
routine. Not only is this important for the health
and development of children, but it also enables
them to relieve tension and frustration that
otherwise might result in misbehavior. Good
detention practice involves keeping children busy
and active.

Often, children being disciplined are denied
recreation and large-muscle exercise, which is a
violation of the youth's rights. The facility
should provide supervised exercise for children who
pose the risk of escape or who pose disciplinary
problems. Simply having a child walk up and down
the unit is not large-muscle exercise and does not
comply with the law.

Training

As a detention worker, you should not be placed in
the position of working with children in detention
without having some training. Detention center
administrators have a duty to hire qualified
people, to train them adequately, and to supervise
them to ensure that they are implementing the
training.

Typically, a detention worker should receive 40
hours of preservice training and 40-80 additional
hours of inservice training during the first year
of employment. Similarly, volunteers should receive
the amount of training appropriate to their
assignment. Training subjects should include:

o Security procedures.

o Supervision of juveniles.

o Signs of suicide risk.

o Suicide precautions.

o Use-of-force regulations and tactics.

o Report writing.

o Juvenile rules and regulations.

o Rights and responsibilities of juveniles.

o Fire and emergency procedures.

o Key control.

o Interpersonal relationships.

o Social and cultural lifestyles of the population.

o Adolescent growth and development.

o Communication skills.

o First aid and cardiopulmonary resuscitation
(CPR).

Remember, you should not work a shift without
training. You may be liable, and so may your
supervisor.

Fire Safety

Enough emphasis cannot be placed on fire safety in
a juvenile detention center. It is a life and death
matter. Never underestimate how fast smoke and fire
can move through a facility. At minimum, the
facility you work in must have the following:

o Smoke detectors or similar monitoring devices.

o A written evacuation plan, with posted diagrams,
available to youth and staff.

o At least two means of escape from the facility in
case of fire.

o Working, fully charged fire extinguishers.

o Smoke lights that mark exits.

Fire drills should be conducted on a regular basis
and documented. Recent lawsuits have also required
electronic locking hardware on all doors to
sleeping, holding, and isolation cells as well as
all interior corridors and exterior exists. All
electronic locks should have manual override
capabilities and should be operable remotely from
the main control center and from the unit.13

If you believe that your facility has any
deficiencies, please alert your supervisor
immediately.

Restraints

Although restraints also require specific training,
a few issues can be addressed in this context.
First, you should be trained in crisis diffusion
techniques so that you can deescalate a situation
before restraints are necessary. Restraints are to
be used only to get a child who is out of control
back into control. You cannot use restraints to
punish a child. If you are confused about the
difference, please seek clarification from your
supervisor.

Hard Restraints. Handcuffs (metal) are not to be
used to handcuff an out-of-control minor to a
stationary object (e.g., bed post). Handcuffs may
only be used to transport a minor from one part of
the facility to another, anywhere off premises, or
to court.

Soft Restraints. Soft restraints are typically
padded leather wrist or ankle straps that can be
used to immobilize youth. Furthermore, if you have
a minor properly restrained in soft restraints but
the minor continues to struggle against those
restraints for more than 15 minutes, then a mental
health worker should be called. Something more
complex than a disciplinary problem is occurring if
a child continuously struggles against restraints
for 15 minutes or more.

Protect yourself and call a supervisor if you
believe a child is uncharacteristically agitated.
Similarly, restraints should not be used just
because staff do not want to deal with a minor's
problems. This practice demonstrates laziness and
can result in significant liability.

Isolation

Your policies and procedures manual should be very
clear about this issue. If isolation is to be used
at all, it should be for short intervals (only so
long as the child is actually violent or out of
control), and the child should be monitored
constantly. Any isolation for more than 24 hours
must be approved by the facility director. Children
must be seen by a counselor if they are put in
isolation for more than 2 hours. There should be a
progressive system of discipline that has rewards
as well as sanctions. That is, you should have at
your disposal a variety of sanctions which increase
in severity according to the minor's conduct.

The child should be placed in his or her room, if
possible, and allowed to wear his or her clothing.
The minor also has the right to basic necessities,
such as bathing and exercise. Children should be
given books, writing materials, and articles of
personal hygiene while in isolation.(14) Reasons
for isolation, length of isolation, and the child's
behavior during isolation should be fully
documented. Again, isolation should not be used for
the convenience of staff or for substitute
programming.

Due Process

Due process means that minors should be treated
fairly when they are being disciplined.(15) As part
of this fair treatment, all minors should have the
rules explained to them in their primary language.
Thus, every detainee should know what the rules are
and what types of behavior violate the rules.

Furthermore, prior to the imposition of discipline,
a minor has a right to be heard regarding his or
her version of events. Minors also have the right
to a due process hearing prior to serving all of
the time imposed for the misbehavior. The hearing
does not have to be elaborate, but juveniles should
not have served all of the room time before
receiving a hearing. This procedure is a common
sense one and helps ensure that minors and staff
are treated fairly.

Grievance Procedures

Grievance procedures enable a child to grieve daily
life issues that do not involve discipline (e.g.,
food quantity or quality). The basic elements of
adequate grievance procedures are (1) notice to the
children of the availability of grievances, (2) a
clear and simple procedure for children to present
their grievances to staff, (3) prompt investigation
of grievances (usually 3 days), (4) opportunity for
children to present grievances to an impartial
person, (5) notice to children of the decision of
the impartial person, and (6) the taking a final
action.

Strip Searches

Strip searches cannot be addressed adequately here.
At minimum, you should know that the higher the
level of invasion of the search, the higher the
justification has to be prior to the search. Most
policies that allow strip searches after contact
visits or after the minor has left the facility
property have been upheld by the courts.

If you feel uneasy about the procedure for strip
searches or if you have questions about whether or
not strip searches are too intrusive or are being
done properly at your facility, alert your
supervisor immediately.

Overcrowding

The most recent study by the Office of Juvenile
Justice and Delinquency Prevention (Parent et al.,
1993) documents what many line workers in detention
already know. Most detention centers around the
country are overcrowded. Overcrowding places a
burden on both staff and minors. Programs are
restricted; violent incidents increase; morale
suffers; and the general quality of life
deteriorates. However, overcrowding is not a legal
excuse for failing to follow adequate detention
practices.

You should know that even if your facility is
overcrowded, you still have to provide the services
mentioned in this article. You should also continue
to alert your supervisors about how overcrowding
affects your work and urge them to have those
people who can reduce the population correct the
problem.

Conclusion

Your work is becoming more important as society
grapples with the increasing number of children in
trouble with the law. Therefore, it is important
for your safety and the safety of the minors you
supervise to know good detention practice and to
act professionally based on your knowledge. Take
your job and its responsibility seriously, and we
all will benefit as a result.

Endnotes

1 Those rights include the right to due process
before deprivation of liberty, the right to
association, the right to free expression, and the
right to bodily integrity.

2 See, Monell v. Department of Social Services, 436
U.S. 658, 98 S.Ct. Rept. 2018 (1978) and Spell v.
McDaniel, 591 F.Supp. 1090 (E.D. North Carolina
1984).

3 Examples include the American Correctional
Association Standards for Juvenile Detention
Facilities (1991) and the American Bar Association
Standards.

4 Smith v. Wade, 461 U.S. 30, 103 S.Ct. 1625
(1983).

5 See D.B. v. Tewksbury, 545 F.Supp. 896 (D. Or.
1982) and H.C. v. Jarrard, 786 F.2d 1080 (11th Cir.
1986).

6 Gary W. v. Louisiana, 437 F.Supp. 1209 (E.D. La.
1976).

7 Taylor v. Armontrout, 888 F.2d 555 (8th Cir.
1989).

8 3-JDF-SA-111SJD-5A-09.

9 Doe v. Holladay, 1982 (consent decree).

10 Turner v. Safley, 482 U.S., 107 S.Ct. 2254
(1987).

11 Wolff v. McDonnell, 418 U.S. 539, 574-77, 94
S.Ct. 2963 (1974).

12 20 U.S.C. SS1401 et seq. (formerly Education of
the Handicapped Act).

13 Robyn A. v. McCoy, Civ. No 90-1151-Fr (D. Ore.
1992).

14 Davenport v. Robertis, 653 F.Supp. 649 (W.D.
Ill. 1987).

15 Wolff v. McDonnell, 418 U.S. 539, S.Ct. (1974).

------------------------------

Chapter 6 Professional Issues in Juvenile Detention

Work in juvenile detention is neither a high-status
nor a glamorous career. When people learn that you
are a careworker in a juvenile detention center,
you will probably get two responses. The first one
goes something like this: "Oh, my, that must be a
very challenging job, and I'll bet it requires a
very special person to work with those children."
The second response is even more predictable and
follows immediately: "Well, what do you think of
this weather?"

Chapter 4 discusses "those" children. Now it is
time to look at the "special" people needed for
effective juvenile detention.

Professionalism

The words "professional" and "professionalism" are
used frequently when describing a variety of jobs,
especially those that deal with difficult
situations or clients. In some cases, these words
are used to convey a sense of appreciation for
exceptional job performance--for example, "The
staff displayed a high level of professionalism
throughout the emergency." Individuals often use
the term "professional" to reflect pride in their
job--for example, "Despite the low status and
unpopular working hours, institutional staff are
true professionals."

The term professional also is frequently applied to
problem situations when individuals follow
policies, procedures, or orders even though it is
reasonable to believe that other action may have
produced better results. Many times, this approach
is an attempt to move responsibility or liability
higher into the system--for example, "Despite the
outcome, the officers acted professionally by
strictly adhering to policies and procedures." In
these situations, professional means that the
worker removed the discretion from the job and
followed policies and procedures without exception.
An example of this is the Ohio State Highway
Patrol. Officer interactions with motorists are so
"professional" that the officers seem robotic and
mechanical, and the average person can barely
elicit anything other than a few polite "yes's" or
"no's" from the person behind the mirrored
sunglasses. 

Given these different uses (professional as an
indication of good job performance, of pride in a
low-status career, and of rigid adherence to
policies and procedures), it is important to define
the word.

A Definition

According to Webster's Dictionary, a professional
is "someone engaged in or worthy of the highest
standards of a profession." Webster further defines
a profession as "an occupation requiring advanced
education and training that involves intellectual
skills." Four sets of questions emerge from this
definition.

o What are the standards for the juvenile detention
profession? Are existing standards minimal, or do
they reflect the highest levels of attainment? Is
an individual, by this definition, a professional
if he or she strives to attain only minimum
standards?

o What is the juvenile detention occupation? Does
juvenile detention require advanced education? Is a
high school diploma considered advanced education?
If there are no academic programs for juvenile
detention services at the college level, what is an
appropriate course of study to attain advanced
education? Is advanced education measured by (a) a
degree conferred by a college or university, (b)
certification as measured by performance on
standardized tests, or (c) a panel review of
education, training, and experience?

o What is advanced training? How are the needs for
advanced training determined? Who provides the
training?

o What are intellectual skills? Do intellectual
skills imply discretionary judgment beyond the
bounds of policies and procedures?

These questions are at the heart of an
understanding of juvenile detention as a
profession. Efforts by the National Juvenile
Detention Association (NJDA), the American
Correctional Association (ACA), the National
Council on Juvenile Family Court Judges (NCJFCJ),
and the Office of Juvenile Justice and Delinquency
Prevention (OJJDP) supply critical information in
these areas. Even though progress toward the
definition of a profession is linked to national
professional associations, such as NJDA, ACA, and
NCJFCJ, the full development of a profession is
also a function of individual line workers. Without
the individual, the pressure on administrators,
policymakers, judges, and the public to address
these questions will never become strong enough.

What Is a Professional?

How would you know a professional juvenile
detention careworker when you see one? The Illinois
Probation and Court Services Association (IPCSA)
addressed this question several years ago and
identified five general characteristics worthy of
consideration. 

o The professional juvenile detention careworker is
well trained. The professional takes full advantage
of both inservice and offsite training programs.
The professional engages in self-evaluation and
works to correct skill deficits. The professional
demands ongoing job performance evaluations,
participates in the process, and actively seeks
ways to improve perceived job skill deficits. The
professional reads professional journals,
newsletters, and selected texts. The professional
is a member of State, local, and/or national
associations. The professional is constantly
asking, "How can I do my job better?"

o The professional juvenile detention careworker
knows the rules and plays by them (policies and
procedures). The professional knows policies and
procedures, understanding why they require certain
kinds of behavior on the part of staff. The
professional understands the system and knows how
it works. The professional understands policy and
procedure development so that changes in policies
and procedures can be implemented quickly and
efficiently to increase the quality of care to
detained youth. The professional adheres to
policies and procedures as the best defense against
liability (see Chapters 2 and 5). The professional
is proficient at observation, report writing, and
other forms of supervision.

o The professional juvenile detention careworker is
an effective problem solver. The professional
remains calm and emotionally neutral during crisis
situations. The professional is noncondemning and
nonjudgmental of detained youth. The professional
depersonalizes a youth's anger and aggression. The
professional is adept at verbally and nonverbally
deescalating a youth's inappropriate behaviors. 

o The professional juvenile detention careworker is
a helper. The professional has made a personal
commitment to helping troubled youth and looks for
the potential in every situation to help youth
change. 

o The professional juvenile detention careworker is
the "right kind" of person. Because this category
is rather vague, further references are made to the
thoughts of the late Dr. Ernest Shelley and to the
Code of Ethics adopted by NJDA.

My All-America Team(1)

by E.L.V. Shelley

It is my good fortune that during virtually all of
my professional life, I have had the opportunity to
be active in developing, supervising, and
evaluating good institutional programs for
offenders who have become involved in either the
juvenile or the adult justice systems.

Although I agree with Jerry Miller that reforming
institutions is a very difficult job and a bit
futile because, as he believes, the whole job has
to be done over again every 5 years, I do not agree
with him that it is, therefore, a waste of time.
Institutions of the correctional type do have a
legitimate place in our efforts to deal effectively
with offenders, and if they are intelligently
planned and effectively supervised, they can make
special contributions.

As I see it, there are several basic ingredients if
we are to have a good institution. They are: (1)
goals, (2) staff of the right kind, (3) a
therapeutic atmosphere, (4) adequate involvement by
the community, and (5) a careful, periodic, and
competent evaluation of what has been accomplished.

Staff of the Right Kind

I have been asked to address myself to the problems
of finding and maintaining the kind of staff which
we want and need if institutional goals are to be
achieved. It is my firm conviction that in the last
analysis, the problems of people who are having
difficulty functioning in society are problems or
disturbances in their interpersonal relationships
and that the correction of these problems logically
involve[s] repairing those relationships. In other
words, the problems of juvenile offenders in the
last analysis are problems with their relations to
people, and they can only be solved by interactions
with people. Buildings, equipment, money, and so
forth may be the means to an end, but they are not
the indispensable stuff of which good treatment is
made.

To have the kinds of people whom we want staffing
our institution, we must be sure that the selection
process brings us the right kind of people in the
first place. The kind of person one "is" is
incredibly more important than the kind of training
or experience one has had. If we start with the
wrong kind of persons, then training just simply
makes them more competent incompetents. If we start
with the wrong kind of persons, experience teaches
them the wrong things, and they just wind up being
more entrenched in error. If we have the best kind
of people in the beginning, they respond quickly
and effectively to training and experience, which
simply enable them to do well that which comes
naturally to them.

The Qualities

Here are some of the qualities that I look for in
the kind of staff person I want to have working on
my team in my facility:

o I want an optimist. I want a person who is always
able to see the constructive positive in a
situation or a person, even though that might be a
relatively small part. The basic difference between
an optimist and a pessimist is that the pessimist
looks at the pitcher of water and says, "It's half
empty," and the optimist looks at the very same
pitcher of water with the same volume in it and
says, "It's half full." They are both right, but
their attitudes are considerably different. Now, I
am not advocating a fatuous optimism or a Pollyanna
approach to life that says, "Everything is just
lovely," and ignores the problems. But I do want a
person who can always find something real and
worthwhile in the messy situation or in the
troubled person and still be encouraged to keep on
trying. In the last analysis, we frequently go just
about as far as our confidence and faith in the
future will let us.

o I want a person who believes deeply and
unshakably in the potential of a human being to
change. I want a person who can agree with me that
there are no hopeless cases, only people who feel
hopeless about them. To help people change, you
must somehow radiate a confidence and conviction
that they have the potential to do so. Too many
professionals and too many of the experiences in
the system say loudly and clearly to juveniles,
"You are a lost cause!" And, therefore, they are
"lost causes." Goethe, the great German poet-
philosopher, said "Treat a man as he is, and he
will stay as he is; but treat a man as if he were
becoming what he could become, and he will become
it."

Human personality is dynamic; it is never
irretrievably set. There is no good scientific
evidence to sustain the idea that by age 2 or 22 or
42, the pattern of human personality is so deeply
set that change is not possible. I have been in the
business of helping staff produce change in
offenders young and old, and nobody could ever get
me to accept for one hot little minute the idea
that at some point in life, our maturation and
growth have to stop. It may stop because we let it
stop or because others encourage us to believe it
has stopped, but the potential for change is still
there, and this must be spoken, too! And when it is
stated effectively, miracles happen.

o My ideal staff person not only believes in the
potential of people to change their lives, but he
or she must be able to recognize change when it
comes. This sometimes means that you accept much
less change than you had hoped for or expected or
that the process is much slower than you had hoped.
Yet you must be able to see growth when it happens.
You need this in order to keep yourself encouraged
and in order also to encourage the troubled person
you are trying to help. We must recognize the
change, must hold it up, and must help the other
person to see it. We don't try to give them the
idea that they have arrived, but we do continually
help them to see that they are on their way.

o There must be a deep respect for the sacredness
of personhood. God doesn't make junk. People are
not expendable. My religious faith teaches me that
every person is known to his or her Creator and is
created for a purpose. I may not understand the
purpose, but I believe it exists, and I look for it
with awe, perseverance, and wisdom. My involvement
in the shaping of personality is a high and holy
calling. Personhood is our only immortality.

Emerson said, "The day you die everything that you
own automatically and immediately passes in
ownership to other people. The only thing that you
can keep as your own is what you were and are." Our
personality is our most valuable legacy and is an
intensely personal possession. People are not pawns
in a chess game or merely things to be played with
in the laboratory for someone's amusement. They are
human beings in process of development, and we
should be proud to have some part to play in that
development. This, by the way, is also our legacy
because we leave to the world the impact we have
made on those with whom we have worked.

o The good staff person is capable of caring--
caring a great deal, not just a little! Also, do we
care enough to sometimes stand off and not
interfere? The good careworker possesses this
quality, and the lack of ability to care for those
whom we are trying to help is the Universal sign of
the incompetent and misplaced worker. If we cannot
care about people, then we have no concern about
what happens to them. This is not to urge a
maudlin, teary-eyed, sob-sister kind of caring that
oozes emotion all over the victim. It is rather
simply saying, "I'm here; I care about what happens
to you; and I am willing to do what I can to be of
help to you. I hurt when you do things that are not
good for you. I feel good when I see you do things
that are good for you."

o Finally, a good staff person, in my estimation,
is a good team player. None of us is wise enough to
have all the answers about any one person all the
time, not even the psychologists. We certainly are
not wise enough to have all the answers about all
the people with whom we are working. Increasingly,
I have come to feel that group treatment, whether
in a correctional or a mental health setting, is a
team job. This is the only way that it can go on
continually because no one person is with the
troubled individual that much. Teams are the
insights of other people. The good staff person
recognizes and respects the contributions that
other staff people make, whoever they are. And this
is regardless of the job title other people carry,
or how much education they have had, or how thick a
Viennese accent they may have, or even the
possession of an imposing, well-cropped beard.

Helping people is a challenging, demanding job.
Knowing that you are not alone but are on a team
makes it much less discouraging and much less
lonely. So when I hire people for my ideal
institution:

o I want optimists.

o I want those who have faith in human potential.

o I want those who are able to expect and recognize
good change.

o I want those who respect personhood.

o I want those who care in a wholesome, healthy,
effective way.

o And I want those who can function well as a team
member. 

Troubled people are changed by people who care, who
believe in the future, and who revere the most
precious thing in the world--human personhood.

NJDA Code of Ethics(2)

NJDA exists exclusively to advance the science,
processes, and art of juvenile justice and
detention services. NJDA contributes to the
analysis, interpretation, understanding, and
resolution of detention-related issues by providing
programs, services, policy statements, conferences,
and publications.

As an educational, scientific, and professional
organization, NJDA recognizes that its membership
reflects the full range of diversity in the
juvenile justice system. The specification of
ethical standards enables NJDA to clarify for all
members and to those served by its members the
nature of ethical responsibilities shared by
members.

The Code of Ethics serves to stimulate greater
concern among NJDA members for their own
professional functioning and for the conduct of
fellow professionals within the juvenile justice
system. The ethical code of NJDA establishes
principles that define the ethical behavior of NJDA
members.

Recognizing the critical role of conscience in
choosing among courses of action and taking into
account the moral ambiguities of life, the members
of NJDA commit themselves to the following:

o Demonstrating the highest standards of personal
conduct. Juvenile detention is rarely defined by
the public or helping professions as a high-status
career. Public perceptions often imply that
everyone has the ability to work with youth in a
locked setting. For these reasons, members must
continually demonstrate a pride in juvenile
detention and a self-respect reflective of the
highest level of personal conduct. This conduct
specifically refers to personal integrity, honesty,
truthfulness in dealing with both youth and the
public, and the courage of maintaining one's
convictions.

Juvenile detention is charged with the public
responsibility for the safe care of juvenile
offenders. Cognizant of this public trust, members
understand that any individual or collective
compromise of their integrity or self-respect can
damage the ability of juvenile detention to
accomplish its mission. The best insurance against
a loss of public confidence is strict adherence to
the highest standards of personal conduct.

o Demonstrating the highest standards of
professional conduct. Progress as a profession
depends not only on public trust but on
professional competency. Therefore, members strive
for excellence in job performance, which advances
the cause of the profession by gaining increased
public respect in order to advance the best
interest of youth. Members support and encourage
programs that develop knowledge, skills, and
abilities directly relevant to juvenile detention
services. Members demand regular, periodic feedback
regarding their job performance and career goals.

Members understand that the important component of
juvenile detention services is the relationship
between staff and detained youth. Members emphasize
training and skill acquisition in interpersonal
communication.

Members are concerned with providing the highest
quality of care. In keeping with this concern,
members endorse the concepts of ACA standards and
encourage others in detention to adhere to them.

Members refrain from performing their duties in an
intrusive or overbearing manner. They do not permit
personal feelings, prejudices, animosities, or
friendships to influence their decisions. Members
implement detention programs without fear or favor
and without malice or preferential treatment.
Members consistently refrain from responding
violently toward youth and from employing
unnecessary force.

o Avoiding any interest or activity that conflicts
with or produces undue personal gain through the
execution of official duties. Members refrain from
any task that conflicts with or could be viewed as
conflicting with job responsibilities. 

Members also refrain from activities or interests
related to partisan politics when those activities
create a conflict of interest, produce undue
personal gain, or occur at the work place and
interfere with official duties.

The only gains members seek from public employment
are salaries, fringe benefits, respect, and
recognition for their work. Personal gain also may
include the satisfaction of doing a good job,
helping youth and their families, and achieving
career goals. Public property, funds, and power
should never be directed toward personal or
political gains.

Members understand that in the relationship between
staff and detained youth, dependency and
vulnerability are frequently present. Youth often
use this relationship as a method of acquiring
adult approval and as a means to bolster their
self-esteem. Therefore, members value the human
worth of these youth by steadfastly refusing to
behave in a manner that satisfies their personal
needs at the expense of youth.

o Safeguarding the confidentiality of detained
youth. Members adhere to Federal and State statutes
regarding issues of confidentiality for juvenile
offenders. Members refrain from identifying youth
and discussing critical problems and incidents in
situations outside the official work setting.

o Advocating the legal and ethical rights of youth.
Members work to define and articulate policies and
procedures that specify the legal and human rights
of detained youth. Members educate youth and others
about policies and practices that either ensure or
violate these rights. Members refuse to remain
silent when these rights are violated, and they
speak on behalf of the affected youth.

Members subscribe to the idea that youth have the
right to be detained in a psychologically and
physically safe and secure environment. Members
encourage program development that generates a
therapeutic social climate within the detention
facility.

o Eliminating all forms of unethical and illegal
behavior. As a component of the criminal justice
system, members are committed to legal standards of
behavior. Therefore, members will confront and
report illegal or unethical behaviors that occur in
juvenile detention. Sensitive to the correlation
between effective detention programs and harmonious
working relationships among staff, members are
committed to ethical standards that transcend
issues of friendship, efficiency, and loyalty to
their agencies.

Members do not tolerate discrimination, theft, or
any form of child abuse (i.e., physical, mental, or
sexual abuse), and they advocate removing from the
profession those who condone or engage in such
activities.

o Maintaining an optimum level of physical
conditioning and mental alertness. Members realize
that juvenile detention is a highly stressful
profession. Part of this stress derives from the
potential for physical interventions. Members
maintain an optimum level of physical conditioning
in order to respond to physical situations in the
most efficient manner. Members realize that staff
and residents are less likely to be injured
whenever staff are physically capable of
controlling the situation.

The stress associated with juvenile detention also
affects the mental attitude of staff. Members
encourage having training and continued education
in stress management and other mental health
concepts provided directly to detention staff.
Members endorse and encourage the development of
support groups within staff and among staff of
other facilities to provide an appropriate forum to
ventilate frustrations, discuss problem situations,
share ideas that work, and rejuvenate.

Detention Job Functions

The recruitment, selection, training, and
development of good detention staff is influenced
by the detention philosophy held by the
administration, the juvenile court, and
policymakers within a given jurisdiction. This
philosophy is most directly expressed by the words
used to describe the essential functions of the
job.

Mixdorf and Rosetti (1992) discussed the roles of
the direct careworker for both juvenile detention
and juvenile corrections (training school)
settings. They carefully avoided the two extremes
in defining the job of direct-care staff. At one
end of the job definition continuum is the title
"Child Care Worker." This title is sometimes
confused with jobs in day care, preschools, and
babysitting. At the other extreme is the job title
"Correctional Officer," commonly associated with
adult detention and prisons. Both definitions
generate debate and discussion about the proper
role of staff because of their association with
restricted and controversial definitions of
detention. 

Juvenile Careworker

Many job titles exist, but ACA has taken the lead
in referring to direct-care line staff in juvenile
institutions as "Juvenile Careworkers." In a
national survey of juvenile detention facilities,
Rowan (1993) found that although the most
frequently used job title was juvenile detention
officer, it accounted for only 18 percent of the
responses. Concluding that there was no predominant
job title for juvenile detention workers, Rowan
strongly recommended that the field follow the
recommendation of ACA and adopt the title juvenile
careworker. 

Mixdorf and Rosetti reported that juvenile
care-workers performed four overlapping roles:
guardian, counselor, supervisor, and role model.
The ACA description of the careworker role is
consistent with the mission of the juvenile justice
system. The careworker's job is to engage and
involve youth in productive and constructive
activities while in detention. ACA recommends a
positive approach to the job of juvenile
careworker. This approach is expressed best by the
following description of the role model job
function:

Being a positive role model is probably the most
important responsibility a careworker can
undertake. Modeling good behavior, or setting an
example, can affect juveniles in a positive manner
more than any other careworker skill. Included in
this activity is setting a positive tone or
climate, respecting the juveniles, praising them
when appropriate, being consistent and fair, and
presenting a generally positive attitude.
Admittedly, this positive, encouraging attitude may
be difficult to maintain when working with angry,
rebellious juveniles, but it is absolutely
necessary. (pp. 16-17)

Brown (1982) identified five similar roles that
detention staff must routinely perform in a
detention facility. These roles are: 

o Security monitor.

o Counselor.

o Disciplinarian.

o Recorder of behavior.

o Activity coordinator. 

Illinois is an exception when examining criterion-
based job functions for juvenile detention staff.
As a part of a comprehensive approach to
determining detention staff training needs, the
Probation Division of the Administrative Office of
the Illinois Court (AOIC) developed a set of basic
job functions for detention careworkers. The eight
AOIC job functions are: (1) behavior management,
(2) crisis intervention, (3) security, (4) safety,
(5) custodial care, (6) recordkeeping, (7) program
support and maintenance or special assignments, and
(8) counseling or problem solving.

Job functions are a composite of what juvenile
detention officers do in their jobs. The 8 job
functions identified in the AOIC research were
expanded to 10 by adding the additional functions
of organizational awareness and external awareness,
which were recommended by Christy (1989), who said
that awareness constructs constitute components of
the job. 

The remaining job responsibilities include those
characteristics of how the job is performed
effectively. Roush and Hudzik (1994) combined the
AOIC job functions with previously researched
effectiveness characteristics. Those items related
to job functions provide job-oriented information,
while effectiveness characteristics are a composite
of what juvenile detention workers say are
important to doing their job effectively or well.
The categories related to effectiveness
characteristics provide employee-oriented
information. The 20 functions and characteristics
are listed and defined below.

Job functions (the "what" of juvenile detention)
include:

o Behavioral management--Using behavioral and
developmental theories to establish clear
expectations for resident behavior and employing
immediate positive and/or negative consequences as
a result of direct involvement with residents.

o Crisis intervention--Using skill and composure to
prevent or minimize physical and emotional harm to
residents and other staff when handling a wide
variety of crisis situations (e.g., physical
violence, escapes, riots, and suicidal behaviors).

o Security--Implementing the policies and
procedures related to resident supervision and
institutional security measures to ensure the
physical presence of each resident in the facility.

o Safety--Employing knowledge and skills in
relation to emergency procedures (i.e., first aid,
CPR, fire safety, and communicable disease) to
ensure the well-being of youth.

o Custodial care--Assisting in the proper
identification and treatment of problems relating
to the physical and emotional health and well-being
of detained youth through the use of knowledge and
skills in basic health-related areas (e.g., medical
and hygiene, adolescent sexuality, substance abuse,
physical or emotional abuse, and symptoms of
suicidal behavior and emotional distress).

o Recordkeeping--Providing accurate and timely
written documentation of both routine and special
situations regarding residents, staff, and program
activities through the use of observation and
recording skills.

o Program maintenance--Implementing, teaching,
creating, and supplementing the facility's daily
program and activities (i.e., physical education,
recreation, and arts and crafts).

o Problem solving--Creating an environment or
institutional climate in which a youth's personal,
social, or emotional problems can be openly
discussed, explored, and possibly resolved through
effective use of interpersonal relationship skills,
communication and consultation with clinical staff,
and leadership in group discussions or activities.

o Organizational awareness--Understanding,
supporting, and using the philosophy, goals,
values, policies, and procedures that represent the
daily operations of the facility.

o External awareness--Identifying and periodically
reviewing key external issues and trends likely to
affect the agency (e.g., legal, political,
demographic, and philosophical trends).

Effectiveness characteristics (the "how" of
juvenile detention) include:

o Balanced perspective--A broad view that balances
present needs and long-term considerations.

o Strategic view--Ability to collect and analyze
information that forms an overall long-range view
of priorities and forecasts likely needs, problems,
and opportunities.

o Environmental sensitivity--Awareness of broad
environmental trends and their effects on the work
unit.

o Leadership--An ability and willingness to lead
and manage others.

o Flexibility--Openness to new information as well
as tolerance for stress and ambiguity in the work
situation.

o Action orientation--Decisiveness, calculated risk
taking, and a drive to get things done.

o Results focus--Strong concern for goal
achievement and a tenacity to follow a project
through completion.

o Communication--Ability to express oneself clearly
and authoritatively as well as to listen
attentively to others.

o Interpersonal sensitivity--Self-knowledge,
awareness of the impact of self on others,
sensitivity to the needs and weaknesses of others,
and ability to sympathize with the viewpoints of
others.

o Technical competence--Expert and up-to-date
knowledge of the methods and procedures of the work
unit.

Public Policy Statements

The future holds many challenges for juvenile
detention. Some challenges are old and persistent,
while others are new and alarming. A recent study
of the issues facing the next generation of
juvenile detention professionals revealed the
presence of the following longstanding challenges
(Roush, 1992):

o A clear definition of juvenile detention is
needed to form the basis for strong statements of
vision, mission, and goals and objectives. The NJDA
definition (Stokes and Smith, 1990; also see
Chapter 3) is a positive first step that coincides
with the vision and mission statements from the
National Academy of Corrections Leadership Assembly
(see Chapter 7).

o Crowding continues to be a problem. In the
absence of a continuum of services, detention
becomes the sole source of intervention for most
juvenile offenders (see Chapter 3). Liability is
linked to crowding because of its negative effects
on the conditions of confinement (Parent et al.,
1994; and Roush, 1990a). Crowding may have such a
pervasive effect as to negate the positive factors
associated with ACA accreditation (Roush, 1989).

o Many juvenile justice professionals predict an
increase in liability within juvenile detention.
The number of facilities under court order or
consent decrees continues to increase. Litigation
is very expensive and has an unsettling effect on
staff and residents.

o Shrinking resources are a significant problem.
Child-serving agencies are competing for fewer
resources partially because of expanding
corrections budgets. Financial problems open
public-sector services to questions of
privatization. An increasing number of juvenile
detention facilities are operated by private
corporations.

o Low salaries and shrinking resources contribute
to the impending crisis in staff recruitment,
selection, development, and retention. A common
complaint heard from detention administrators is
that finding qualified people who want to help
troubled youth is increasingly difficult.

o The survival of the juvenile court is
questionable. With the increase in some serious
crimes, public opinion may be swayed to the point
that it equates offense seriousness with maturity
and eliminates the need for a juvenile court,
returning to the concept of a single court justice
system.

o The passage of youthful offender statutes may
create a third system that falls between the
juvenile justice system and the adult correctional
system. Youthful offenders between the ages of 17
and 25 will receive shorter sentences, but the
places of incarceration will be more like prisons
than training schools.

o The disproportionate incarceration of minorities
presents a growing problem (see Chapter 15). More
minority groups are reflecting disproportionate
incarceration (e.g., Hispanics and Asians), and
they pose greater communication problems because of
language barriers. 

o The health of detained youth is a major problem.
With an increase in the number of HIV-positive
juveniles, more staff and resources will be needed
for health care services. Medical and health care
services are areas where the courts have been very
clear about inmate rights.

o Violence is a societal problem that has invaded
the detention environment. Will violence cause a
reduction in programs and an increase in the use of
solitary confinement? Will crowding destroy the
ability to separate violent offenders from
nonviolent offenders, and will resident-on-resident
assaults increase in seriousness and frequency?

One effective way to address these issues is
through the development of public policy
statements. Thorough and well-conceived statements
can be disseminated to key policymakers through
fliers, newsletters, and publications so that their
decisions will be better informed. Good examples
are the policy papers and publications of the
National Council on Crime and Delinquency (Jones
and Krisberg, 1994; Jones and Steinhart, 1994;
Krisberg, 1992a; and Krisberg and Austin, 1993). 

Presented below are two important policy
statements. The first is a significant position
paper on juvenile justice adopted by ACA (1993).
The second is a position statement on violence from
the National Commission on Correctional Health Care
(NCCHC).

ACA Public Correctional Policy on Juvenile Justice

The correctional functions of the juvenile justice
system (prevention, diversion, detention,
probation, residential, and aftercare) must provide
specialized care and rehabilitative programs for
young offenders in our society consistent with
protection of the public. These functions of the
juvenile justice system, although sharing in
general the same overall purpose as adult
corrections, have significantly different
processes, procedures, and objectives, which
require specialized services and programs.

Policy Statement

Children and youth have distinct personal and
developmental needs and must be kept separate and
apart from adult offenders. The juvenile justice
system must provide a continuum of services,
programs, and facilities that ensure maximum
opportunity for rehabilitation. Each of these
alternatives should provide programs that include
the principle of accountability for behavior. The
best interest of the individual youth must be the
primary concern and should be balanced with the
protection of the public, including victims, and
the maintenance of social order. To implement this
policy, juvenile justice officials and agencies
should:

o Establish and maintain effective communication
with all concerned with the juvenile justice
system--executive, judicial and legislative
officials, prosecution and defense counsel, social
service agencies, schools, police, and families--to
achieve the fullest possible cooperation in making
appropriate decisions in individual cases and in
providing and using services and resources;

o Provide the least restrictive appropriate range
of community and residential programs and services
to meet individual needs, including education;
vocational training; recreation; religious
opportunities; individual and family counseling;
and medical, dental, mental health, and other
specialized programs and services, such as
substance abuse treatment, AIDS counseling, and sex
offender treatment;

o Use family and community as preferred resources
and include families, whenever possible, in the
decision-making processes at all stages in the
continuum of services;

o Operate a juvenile classification system to
identify and meet the program and supervision needs
of the juvenile offender while actively considering
the public's need for protection;

o Exclude from placement in a secure facility
service adjudicated delinquent youth--those
individuals accused or adjudicated for status
offenses (i.e., offenses which are not criminal if
committed by an adult); 

o Provide a range of nonsecure and secure short-
term detention, pending adjudication;

o Ensure that secure preadjudication detention
facilities are not used as a post-adjudication
disposition alternative; 

o Provide planned transitional services for youth
returning to community placement from residential
care; 

o Establish written policies and procedures that
will protect the rights and safety of the accused,
the adjudicated, the victim, and the public in as
balanced a manner as is possible;

o Establish procedures to safeguard the accuracy
and use of juvenile records and support limitations
on their use, according to approved national
standards, recognizing that the need to safeguard
the privacy and rehabilitative goals of the
juvenile should be balanced with concern for the
protection of the public, including victims; and

o Implement evaluation and research procedures that
will supply demographic, trend, and outcome
information from which program effectiveness and
systems operations can be measured.

NCCHC Public Policy on Correctional Health Care and
the Prevention of Violence

During the past 10 years, interpersonal violence
(i.e., homicide, rape, robbery, aggravated assault,
abuse, and neglect of youth and the elderly) has
grown to epidemic proportions. In 1990, there were
more than 23,200 homicides in America. In
comparison with other industrialized countries, the
1990 U.S. murder rate was 11 times higher than that
of Japan, nearly 9 times that of England, more than
4 times that of Italy, and 9 times that of Egypt
and Greece, as reported in the Congressional Record
(1992). Our Nation's youth and young adults,
particularly among minority groups, are frequently
involved in acts of interpersonal violence, as is
evidenced by the following statistics: 

o During the 1980's, more than 48,000 people were
murdered by youth and young adults ages 12-24
(Rosenberg, 1992). 

o Homicide is now the second leading cause of death
among 15 to 24 year olds, and it is the leading
cause of death among 15- to 34-year-old African-
American males (Novello, Shosky, and Froehlke,
1992). 

o Youthful victims of violence are 40 percent more
likely than nonvictims to become future delinquents
and adult criminals (Widom, 1991).

Violence and Correctional Health Care

As violence grows in America, many different
agencies are responding in a number of different
ways. The justice system's long-range plans address
reducing violent crime, improving the effectiveness
of law enforcement to combat violence, providing
assistance to victims, and establishing crime
prevention programs (National Institute of Justice,
1992). 

The medical and mental health professions have
joined with the Centers for Disease Control and
Prevention (CDC) in an initiative intended to treat
violence as a major public health problem (Koop and
Lundberg, 1992). This approach has the objective of
preventing violence through surveillance,
epidemiological analysis, and the evaluation of
various intervention techniques (Rosenberg,
O'Carroll, and Powell, 1992). An important part of
this initiative has been to involve the health care
community in the identification of victims of abuse
and violence. A growing emphasis is placed on the
use of intervention techniques that teach
individuals alternative behavior responses to
violence.

With the proliferation of violence, not only are
more youth entering detention and corrections with
a propensity for violence as an acceptable problem-
solving strategy (Guerra and Slaby, 1990; and Slaby
and Guerra, 1988), but more youth in detention and
corrections are referred for mental health services
because of posttraumatic stress disorder (PTSD)
(Burton, Foy, Bwanausi, Johnson, and Moore, 1994).
Correctional health care programs are beginning to
address both violence prevention and the problems
of victims of violence within the detention and
corrections environment (DeFazio and Warford, 1992,
1993; and National Commission on Correctional
Health Care, 1993). 

An equally important role for correctional health
programs is the identification and treatment of
incarcerated youth who have lived with violence
throughout their lives (DeFazio and Warford, 1993).
Some experts believe that certain kinds of violent
behaviors can be effectively treated, enabling
people to cope with other forms of violence in
their lives. Because nearly all of those who are
detained eventually return to their communities,
these kinds of intervention and treatment
techniques can have a positive effect on reducing
violence in the community.

Types of Violence. Violence can be characterized in
several ways. For example, Jenkins and Bell (1992)
characterized expressive violence as violence that
emerged from some kind of interpersonal altercation
in which one person intended to harm another.
Persons involved in expressive violence typically
know each other, are similar in age, and frequently
share the same race and ethnic background. By
contrast, instrumental violence is usually
premeditated and motive driven (e.g., acquire
property or economic gain). Typically, parties
involved do not know one another, and the harm
caused is secondary to the motive. Finally, gang-
related violence results from gang membership and
related activities involving retaliation or
revenge. These distinctions imply that different
intervention strategies may be required to
effectively prevent the various kinds of violent
behavior. Further, experts believe that expressive
violence may be appropriately treated through
public health intervention techniques, while using
socioeconomic interventions to treat instrumental
violence and political interventions to treat gang
violence. All three kinds of violent behaviors are
prevalent in society as well as in juvenile
detention and corrections.

NCCHC Policy Statement

Detention and correctional health care programs are
an important resource in the identification, care,
and treatment of individuals who have been involved
in violent acts. The National Commission on
Correctional Health Care (NCCHC) endorses the CDC's
position that violence is a public health problem
and calls upon correctional health programs to join
with the CDC, and other professional groups, in
addressing violence within the juvenile detention
and corrections population. NCCHC recommends
standards for correctional health services
(National Commission on Correctional Health Care,
1992) as the basis for violence prevention,
treatment, and education in these settings.
Specifically, correctional health services should:

o Incorporate violence risk assessment--including
child and domestic abuse, sexual abuse, and any
personal victimization--into receiving screening
undertaken of all detained youths upon intake,
health assessments, and mental health evaluations.

o Refer as appropriate all detained youths with
violent histories, including those who exhibit
violent behaviors that place the safety and welfare
of themselves or others in jeopardy, to treatment
by appropriately trained health care providers.

o Desktop protocols and guidelines for violence
prevention, intervention, and followup should be
developed for use by qualified health professionals
treating inmates. In addition, health care
providers should receive training in these areas.
Training should include information on policies and
practices designed to prevent violence, non-
physical methods for preventing and/or controlling
disruptive behaviors, appropriate use of medical
restraints, and effective techniques for personal
safety.

o Provide juvenile caregiver training that includes
prevention of expressive violence and non-physical
methods for prevention and/or controlling
disruptive behaviors stemming from expressive
violence. Juvenile caregiver training should
continue to address security issues designed to
inhibit instrumental and gang-related violence.

o Establish contacts with community-based
organizations able to assist in the treatment and
continuity of care upon the youths' release from
the facility.

Adopted: September 19, 1993

Summary

It takes a very special person to be an effective
juvenile detention careworker. Not everyone
possesses the qualities and skills needed to be a
good juvenile careworker. Effective juvenile
careworkers must be well trained and well prepared
for the job. They also must be able to follow the
rules of the institution or agency where they are
working. In addition, good juvenile careworkers
must be effective problem solvers.

Most of all, effective juvenile careworkers must
have certain personality traits that will enable
them to be effective. They must be optimistic and
look for the good in people and in situations. They
must respect both coworkers and residents. They
must believe in people and in their ability to
change. Furthermore, they must be able to notice
small behavioral changes. Finally, and probably
most importantly, they must be caring individuals.
Effective juvenile careworkers show a genuine care
and concern for youth. 

Endnotes

1 Ernest L.V. Shelley, Ph.D., is best remembered as
a champion of volunteer services who served the
correctional community in Michigan. He developed
treatment programs for the Michigan Department of
Corrections and concluded his professional career
as the chair of the Department of Psychology at
Olivet College in Olivet, Michigan. After retiring,
Dr. Shelley remained active through volunteer
service, speaking engagements, and his writing. He
influenced many people in juvenile detention and
corrections though his dynamic teachings and his
affable personality. He was awarded posthumously
the 1986 C.A. Zott Distinguished Service Award from
the Michigan Juvenile Detention Association (MJDA).
This material represents one part of his keynote
address on institutional treatment, presented at
the MJDA Annual Conference in August 1983.

2 Numerous ideas and phrases were adapted from the
codes of ethics of various professional
associations. Listed in order of their importance,
they are: American Society for Public
Administration, American Association of Counseling
and Development, American Correctional Association,
American Federation of Police, Code of Ethics of
Government Service, and International Association
of Chiefs of Police.

------------------------------

Chapter 7 Management Issues: Mission, Security, and
Policy and Procedure

Although detention centers are complex
organizations that vary in size and structure, the
elements that make for excellence in juvenile
detention are universal. Certain policies and
practices promote success, whether a center serves
10 or 200 clients on a given day. The same policies
and practices can work in State, county, or
regional systems as well as in private and public
operations. Regardless of the size and structure of
the facility, effective performance begins with a
clear mission or purpose of detention.

Mission

A clear mission statement is the first step toward
gaining a measure of control in the uncertain and
changing environment of detention. Fully and
clearly defined purposes become the foundation for
decisions and consistent policies. A strong mission
statement includes beliefs, values, and
expectations about what will happen to detained
juveniles between arrest and court disposition.

In 1990, the National Juvenile Detention
Association (NJDA) adopted a definition that
captured the essence of juvenile detention (see
Chapter 3). In 1992, the National Academy of
Corrections (NAC) assembled 30 juvenile detention
and corrections experts to address the issues of
vision and mission statements for juvenile
corrections. NAC staff noted the common
perspectives of the juvenile corrections
practitioners, particularly the high levels of
consensus about the need for intervention before
youth become institutionalized. The NAC vision and
mission statements read as follows: 

Vision Statement

Our vision is that every child experience success
in caring families and nurturing communities that
cherish children and teach them to value family and
community. Our vision is guided by the fact that
our decisions and actions affecting children today
determine the quality of our life tomorrow.

Mission Statement

The mission of the juvenile corrections and
detention system is to provide leadership for
change for youth, family units, and communities. It
operates by creating legitimate, alternative
pathways to adulthood through equal access to
services that are least intrusive, culturally
sensitive, and consistent with the highest
professional standards.

These statements demonstrate the belief that (a)
juvenile justice practitioners understand the
problems and must assert their influence to guide
future actions of juvenile justice, (b) the future
of juvenile detention and corrections should be
grounded in the best contemporary research
findings, and (c) an important mission of juvenile
justice is delinquency prevention, a priority for
the future of juvenile justice as defined by those
practitioners who are grounded in the intervention
side of the system (see Loughran, 1990).

The External Environment

Managing relationships at the boundary between
detention and its environment may be the central
task facing practitioners. Overcrowding,
inappropriate use of detention, and lack of
resources are consequences of problems within the
larger environment that undermine the best designed
programs. These problems can be met and overcome
through a variety of management tools, including:

o Reliable information on population trends,
delinquency rates, and demographics.

o Sound planning.

o Admission criteria that are clear and
understandable.

o Mechanisms for prompt judicial review of
detention decisions.

o Availability of an adequate array of detention
alternatives, such as a continuum of care (see
Chapter 3).

o Mechanisms for timely disposition and release,
including adequate community and residential
resources.

o Means to constantly monitor the detention
population and to ensure that court scheduling,
placement assessment and referral, and
transportation do not become obstacles to release.

All of these techniques demonstrate the importance
of the relationship between detention and the
larger environment, including courts, probation,
placement agencies, and transporting authorities. 

The way to meet the challenges and overcome the
problems is to build coalitions. Building
coalitions means making connections with
individuals, groups, organizations, and agencies
that can make a difference. Sometimes coalitions
are forged through formal means--reports on goals,
accomplishments, and shortcomings of the program;
speeches and brochures that interpret the
philosophy and goals of the program; tours and
educational events that open the facility to the
community; and advisory boards and public meetings
that involve key people from outside the
organization. Coalition building is also achieved
informally--responsiveness to inquiries from the
community; sensitive handling of telephone calls
and letters from parents, victims, and concerned
citizens; and regular contacts with judges,
legislators, and other key decisionmakers. 

Although the examples of coalition building
presented above apply to the local level, the
process is just as critical on the State and
national levels. Detention practitioners can build
coalitions with one another; with representatives
from other parts of the juvenile justice system and
from different levels of government; with the
research and academic communities; and with leaders
of churches, businesses, corporations, and
foundations. Coalitions with purpose can build
support and promote positive change.

Responsibilities of Detention Management

Among the responsibilities of detention managers
are four key tasks: (1) development and
communication of sound policies, procedures, and
standards; (2) acquisition, allocation, and
monitoring of resources; (3) selection, training,
and development of staff; and (4) evaluation of
organization performance and planning for the
future.

Policies and Procedures. Effective policies and
procedures are discussed in detail later in this
chapter. 

Resource Management. Resource acquisition,
allocation, and monitoring are critical to building
a successful program. The physical plant and
operating funds are the primary resources. Design
and maintenance of the physical plant must
acknowledge the relationship between space and the
objectives of detention. In addition, funding
sources and the public must be willing to pay the
costs of security, safety, health, and well-being.
Detention managers have the obligations to define
what constitutes adequate funding and to make the
case for its allocation. They also have the
responsibility to manage those funds with rigorous
efficiency and integrity. 

Competent Staff. Competent, caring staff are more
important than any other element for ensuring
quality and achieving the mission of detention. The
most important tasks for management are selecting
and training staff. The hiring process seeks to
discover people with the knowledge, skills, and
qualities of character needed to achieve the
purposes of detention. Training develops knowledge
and skills, expands understanding of the aims of
the organization, and integrates staff into the
process of sustaining the values and accomplishing
the goals of the program.

Evaluation and Planning. The management
responsibilities of evaluation and planning are two
sides of the same issue. Evaluation asks how well
the organization is doing; planning asks what the
organization can improve for the future. Both
functions are based on understanding what
constitutes organization performance. Organization
performance is success in the following five areas:

o The organization's relationship to its
environment. How effective is the relationship with
the court and with placement agencies? Are
admission criteria in place and respected? Can some
measure of predictability and control be exercised
over admissions?

o Acquisition and use of resources. Is the
organization able to capture and retain financial
and human resources? Is the building adequate in
size and design? How well does the building serve
the purposes of safety, security, health, and
development? Is funding adequate and managed
efficiently? Is the staff structured, scheduled,
and assigned work effectively?

o Internal processes. How many clients are being
served? Do activities support goals? How well do
support services such as purchasing, food service,
and clerical work function?

o Achievement of purposes and goals. Are the
purposes of safety, security, health, and
development being met? To what extent are there
escapes, injuries, assaults, or other indicators of
performance failure?

o Satisfaction of clients and employees. To what
extent do residents and staff feel safe? Do
residents feel that the staff care about them? Do
employees show signs of trust, respect, and
loyalty? What is the state of employee morale? How
effective are processes for communication, problem
solving, and conflict resolution among individuals
and groups? To what degree are opportunities
afforded for innovation, self-expression, and
autonomy?

Institutional Security

Security (secure) is defined as: "being free from
danger or risk of loss; safe, free from fear or
doubt, anything that gives or assures safety."

Security is an intricate and essential component of
every juvenile detention facility. Historically,
security was limited to locks, blocks, and bars. As
the field of juvenile detention grew, security also
moved beyond the "hardware" definition of security
and incorporated the notion of "safety" of the
juveniles while in detention. Today, security is
incorporated in budgets, specific policies and
procedures manuals, training seminars, and the
daily operation of every shift.

Institutional security is a combination of personal
security, juvenile security, and building security.
In addition to the security items mentioned in a
facility's policies and procedures manual, the
following suggestions may be helpful.

Personal Security

The notion of personal security may seem
unimportant at first, but the most basic of
security precautions starts at home, before you
even get to the job.

Clothing. When uniforms are not required, the
articles of clothing you choose for the job are
important. Just as you would not wear a tuxedo to
change the oil in your car, you should not wear
certain articles of clothing to work. The following
concepts apply:

o Tight-fitting clothing may restrict your movement
in crisis situations. 

o Loose-fitting clothing may get in your way during
emergency situations, or a juvenile may more easily
grab and hold loose-fitting clothing. 

o Revealing clothing may elicit from juveniles
inappropriate advances and comments or distract
other staff from doing their job. 

o Slogans on T-shirts can be very troublesome.
Check your policies and procedures manual for
guidance, but do not wear clothing that contains
words or graphics that advertise or promote
alcohol, drugs, sex, violence, or political
positions.

Wear comfortable clothing that is neat and clean,
without sayings, slogans, or offensive graphics.

Hair and Hygiene. The length and style of your hair
may hinder your job performance and cause you harm.
Long hair (shoulder length and longer) worn loosely
may interfere with your vision, specifically your
peripheral vision. Long hair worn loosely may also
be grabbed more easily by a juvenile and tangled in
his or her fingers. If you choose a longer hair
style, your hair should be pulled back and secured.
However, shorter hair styles are recommended.
Personal hygiene is also very important to show
your professionalism, to demonstrate pride in
yourself and your job, and to avoid ridicule from
both juveniles and staff.

Accessories. Check your policies and procedures
manual on your facility's position on wearing
jewelry on the job. Jewelry is another potentially
dangerous item to wear for the following reasons:

o Necklaces are the most dangerous because of the
ease with which they can be grabbed by a juvenile,
damaged or broken, or used for strangulation. The
same principles apply to neckties and scarves.

o Pierced earrings pose a significant danger of
being ripped out.

o Rings pose a greater danger to the juveniles than
to staff. Large rings and rings with raised stones
or insignias can scratch or cut the juveniles
during restraint maneuvers.

Whenever possible, do not wear jewelry. If you
must, make sure that jewelry is small, not raised
or exposed, and not valuable. You should understand
that you wear jewelry at your own risk.

Position. The position you take when interacting
with the juveniles is essential. You should always
know where the nearest exit is located and how to
get help in case of emergency. Keeping your back to
the wall is not a bad idea so that juveniles cannot
get behind you undetected. You should also be
careful not to allow a group of juveniles to
isolate you from your partner or to surround you.
Position issues are important, and they are
discussed in Chapter 13.

Shoes. The shoes you wear should be comfortable,
fit securely, and have rubber soles for good
traction. Leather-soled shoes tend to slip and
slide when you need a strong foothold. Clean
athletic shoes are very effective and also
inexpensive, but you should not wear athletic shoes
unlaced or untied. Inappropriate footwear includes
sandals, flip-flops, loafers, high heels, and
combat boots.

(Note: the initial letters from these items--
clothing, hair and hygiene, accessories, position,
and shoes--spell CHAPS, which makes it easier to
remember your personal security.)

Juvenile Security

Juvenile security is the key component of
institutional security. As a line worker, you will
be with the juveniles at least 8 hours per shift
(some facilities work 10- or 12-hour shifts). In
addition to knowing your facility's policies and
procedures, you should also know the juveniles
under your supervision. The more you know about the
youth you supervise, the better you will be able to
ensure their safety. Furthermore, you should know
the rules that govern resident behavior so that
your consistent enforcement of the rules will
create a secure environment. Consider the following
basic guidelines for resident security: 

Smell. Alert juvenile caregivers use their sense of
smell as they make the rounds (routine checks)
among the juveniles. Smoke from cigarettes, fire
(paper, clothing, or electrical), marijuana, or
anything else that can burn should be investigated
immediately by staff.

Observe. The critical part of juvenile security is
observation of the juveniles. Every juvenile will
have a particular pattern of behavior, and any
deviation in this pattern should signal your
increased attention. Suicidal thoughts,
intimidation by other juveniles, depression, and
other factors associated with confinement cause
juveniles to act differently. Any deviation from an
established behavior pattern should be reported
immediately to a supervisor, social worker, or
mental health professional.

Juveniles often intimidate each other for various
reasons and in many different ways. Several
juveniles crowding around a single juvenile usually
indicates some form of intimidation, and it is your
responsibility to investigate. Gang members often
try to recruit new members, exact revenge against
rival gang members, or enforce gang rules on
recruits who do not conform.

In addition to relying on the sense of smell, the
alert juvenile caregiver will always be looking for
unusual bulges in a juvenile's clothing. Unusual
bulges may be caused by contraband and should be
investigated immediately.

Self-mutilation and juvenile-on-juvenile assaults
are an unfortunate part of institutional life. You
should always be observant of a juvenile's physical
appearance for this reason, and you should ask
questions and investigate whenever you suspect that
a youth has been injured or abused.

Listen. One of the greatest tools you have other
than vision is your sense of hearing. You should
always be listening for plans of illegal activity,
such as assault or escape. Eavesdropping on
juvenile conversations is viewed by youth as a sign
of mistrust, but it will keep you abreast of
juvenile activity. You should make it clear to all
youth that listening is a part of your job.

Juveniles often will tell each other about some
illegal or harmful activity loud enough for the
staff to hear so preventive action can be taken. A
juvenile will rarely come directly to a staff
member and inform him or her of planned illegal
activity. Listening for key words, not for content,
also will alert the juvenile caregiver of how
juveniles are feeling or what they are
experiencing. Listening for key words and tone of
voice during telephone calls with parents,
attorneys, or probation officers will tell you if
the youth is upset, depressed, or angry.

The alert juvenile caregiver also will get to know
the normal sounds of the institution. When the
normal noise level increases or decreases
noticeably, something is happening. Other sounds
offer clues about the proper functioning of
equipment. For example, security locks usually have
a distinctive click when they shut.

Explore. Walking around the area where juveniles
are present is called exploring. While exploring,
the alert juvenile caregiver is smelling,
observing, and listening as described above.
Exploring must also be done when strange noises are
discovered to ensure that everything is
satisfactory. The method of exploring should be
random and frequent. Certainly, when you feel
something is wrong, you should explore and take
appropriate action to prevent or resolve an
incident.

(Note: the initial letters from these items--smell,
observe, listen, and explore--form the acronym
SOLE, which makes it easier to remember juvenile
security.)

Building Security

The last component of institutional security is
building security. You must be familiar with all
aspects of the physical plant itself. Building
security includes the following:

Building. Every employee must know the physical
layout (floor plan) of the facility. In the event
of an emergency, you and all other employees must
know how to get from "point A" to "point B" using
the most direct path. Fire evacuations, bomb
scares, and other emergencies requiring building
evacuation must be practiced on a regular basis.
You also must know where emergency equipment is
stored and what is contained in closets, offices,
and rooms. 

For the safety of the staff and juveniles, you
should know: 

o Where the boiler room and maintenance areas are
located.

o Where hazardous materials are stored.

o Where electrical panels and controls are located.

o Where exit doors are located and whether they are
clear of hazards and obstructions.

o Where basic maintenance tools (screwdriver or
pliers) are located.

o How to shut off water supplies to rooms or
running commodes. 

o How to loosen a stuck Sloan (water control)
valve. 

o How to summon maintenance staff on weekends and
evenings. 

It is always a good idea to take a walk through the
facility, or at least your area of responsibility,
prior to your shift.

Utilities. In the event of emergencies, you should
know where all utility shutoff controls are
located--for example, the main shutoffs for water,
gas, electricity, and lights as well as the alarm
panels for fire and door alarms. You should know
where the emergency generator is located and how to
refuel it. The telephone numbers of utility
companies should also be available to all staff in
cases of emergencies.

Illumination. Lights are critically important for
safety and security. You should know the location
of the switches for all lights needed for security.
The emergency generator for lighting should also be
familiar to all staff.

Locks and Keys. Security detention depends on
adequate locks. You must know what is operated by
every key on the set you carry. In the event of an
emergency, you should know where the keys for
various "off limits" sections of the facility can
be located. All locks must be in proper working
order. Keys should be checked at the beginning of
every shift to ensure that they are all accounted
for and that they are in good condition (not
cracked or bent).

Doors and Windows. The most frequent breaches of
security come from unlocked doors and windows. Many
people use the doors and windows during the day,
including maintenance workers, probation officers,
social service staff, and administration. However,
it is your responsibility to make sure that doors
and windows are secure. It is a good habit to
physically check each door and window as you walk
by. It is equally valuable for you or the shift
supervisor to check them prior to the shift.

Individuals. Many individuals are in the facility
at various times during the day and night. In the
event of an emergency, you must know how many
individuals are in the facility and in your area of
supervision, and you should know where they are
during your shift. The following are helpful
strategies:

o Each employee should have some form of
identification. 

o Visitors should have some form of identification
so that line workers can determine who belongs in
certain parts of the facility and who does not. 

o Head counts are suggested every 15 to 20 minutes,
after each mass juvenile movement, after shift
changes, and after evacuations or fire drills. 

Knowing how many individuals are present, who
belongs in certain areas of the facility, and where
the individuals are located is beneficial to the
alert juvenile caregiver.

Notations. Because of the amount of information you
need to track, making notes is suggested. One of
the most important notations is for repairing
faulty equipment, fixtures, and other hazards in
the facility. These notations should be
communicated to the supervisor. Notations of head
counts, juvenile schedules and activities (court,
social worker interview), locations of staff or
visitors, and juvenile disciplinary actions are
recommended. Making notes to yourself, the
supervisor, or the appropriate person is a great
form of communication, and writing it down makes
important information more difficult to forget.
Before leaving your shift, you should pass the
information you have noted to the oncoming shift
for their knowledge. Even if your notations are
just feelings from observing or listening (perhaps
you feel there may be trouble between two juveniles
because you heard one threaten another), pass it
along.

Grounds. The alert juvenile caregiver must be
familiar with the grounds (outdoor area) of the
facility. The most basic perimeter security should
include a patrol of the outside yard before the
juveniles enter the area. Check for contraband that
may have been thrown over the fence or planted
(hidden). Larger facilities may have surveillance
cameras to monitor perimeter security. You must
know directions (north, south, east, and west) to
describe the location of an incident or problem, to
give directions about an escaped juvenile, or to
pinpoint the location of a stranger approaching the
outside of the facility.

(Note: the initial letters from these items--
building, utilities, illumination, locks and keys,
doors and windows, individuals, notations, and
grounds--spell BUILDING, which makes it easier to
remember building security.)

Policies and Procedures Manual

Experience has shown that juvenile detention
caregivers are best able to perform their jobs and
to provide the services that detained juveniles
most need when they work in an environment that
includes:

o A clear mission statement.

o Goals and objectives.

o A departmental code of ethics for detention
workers.

o Written standards that meet requirements for
State or national accreditation.

o Written policies and procedures.

o Comprehensive training and continuing education
for detention workers.

o An ongoing program and personnel evaluations.

What Is a Policies and Procedures Manual?

A policies and procedures manual is a document that
is essential to the smooth flow of the juvenile
detention program, to the safety of the detained
juveniles, to the community, and to the careworker,
both personally and professionally. It contains the
department's or the facility's mission statement,
goals and objectives, code of ethics, and the
policies and procedures or guidelines that juvenile
detention staff need to perform both their routine
and nonroutine tasks.

The manual is intended to be a tool that makes the
job of staff easier. It contains an accumulation of
information handed down from previous juvenile
professionals--information that the field believes
is good practice.

What Are the Benefits for Staff?

Juvenile detention staff are entrusted with the
responsibility of supervising troubled youth and
must have common sense and knowledge about
interacting with troubled youth in a secure
environment. Having a good command of the
information provided in the policies and procedures
manual is the first step for staff to gain that
knowledge and fulfill their responsibilities. 

Specifically, a policies and procedures manual
gives staff:

o Parameters for making decisions. Detention
centers usually develop written policies governing
the use of discretion in decisionmaking. Within the
guidelines that the manual provides, careworkers
are able to make informed decisions about relating
to and providing for the juveniles. Guidelines help
ensure that a detention worker will not handle
juveniles based on his or her values, the working
conditions, or other factors that may lead to
arbitrary decisions. 

o An overall picture of the connection between one
unit and another and between each unit and the
facility's mission. As careworkers see their part
in the picture, they will be more willing to work
as a team and to be more accountable for their own
actions.

o A method for communicating more effectively with
other staff, board members, families, youth,
placing agencies, and other involved agencies and
persons. The policies and procedures manual
provides the common language and reference points.

o Consistency in the program, especially among
staff actions and behaviors. Consistency is crucial
for the safety and the mental well-being of the
juveniles and staff.

o Assurance that they are in compliance with legal
requirements and that they act with respect for the
legal rights of juveniles. 

o Protection from liability, audit exceptions, and
criminal procedures. The threat of liability is
least when careworkers function in a proactive
manner, using sound principles.

o Assurance that emergency procedures will be
carried out effectively.

o Protection from any sanctions for noncompliance
that may be built into the personnel policies of
the agency.

Definitions

Policies. In general, a policy reflects the
facility's philosophy about a particular issue. For
example, each facility will have policies that
cover a range of issues from the security of the
building (key and tool control, the use of official
vehicles, and emergency procedures) to the
discipline of juveniles (rules and regulations for
resolution of minor violations). 

Policies are statements of the general course of
action a facility wishes to take. They give staff
the reasons and the directions needed to function
effectively in the center. Policies tend to be
general and goal oriented. For example, a policy
statement on "Confinement and Special Management of
Juveniles" might read:

After all other techniques and resources have
failed and when the juvenile's behavior warrants,
short-term confinement may be used as a punishment.
The facility shall provide special management for
juveniles with serious behavior problems and for
juveniles requiring protective care.

In a few limited instances, however, an item of
specific information, such as a time or location,
may be of such importance to the understanding of
the policy that it should be included in the policy
statement. For example, emergency procedures should
be highly specific, although staff members may have
to make some on-the-spot judgments. In most
instances, however, such detail should be left out
of the policy statements and included only in
related procedures.

Procedures. A procedure is the detailed, step-by-
step description of the sequence of activities
necessary to implement the policy and achieve the
stated goals. For example, for the "Confinement and
Special Management of Juveniles" policy written
above, the procedures would describe who is able to
confine the juvenile, where the juvenile would be
confined, how long the juvenile can be confined,
and what information should be recorded.

Because procedures usually involve a series of
actions to be performed by certain responsible
persons under certain circumstances, the following
information must be included in the procedure:

o The steps involved in completing the action must
be listed in the order in which they occur.

o The individual (by title) or operational unit
responsible for the actions described by the
procedure must be named.

o The times and locations relevant to the operating
procedure must be named.

o If relevant, the forms to be completed must be
listed.

o The form of communication involved (telephone,
written notice, etc.) in completing the procedure
must be named.

o When and to what extent discretion is allowed
must be indicated.

o Provisions for handling major problems or
emergencies that may occur during the
implementation of the procedures must be described.

Simply stated, a policy statement defines what the
facility intends to do on a consistent basis and
why the facility intends to take the defined
action. On the other hand, a procedure describes
how the facility intends to implement the policy,
including the who, when, and where.

Content Sources for the Policies and Procedures
Manual

Ideally, the development of policies and procedures
should evolve from the overall agency philosophy.
Therefore, before the first draft is written or
before the manual is revised, the agency leadership
should set aside time for reviewing and delineating
organizational philosophy.

A workable philosophy statement should include:

o The purpose of the facility.

o The facility's responsibility to its juvenile
population, the funding sources, the community, and
other agencies and organizations with which it has
a legal or professional relationship.

o The short-term, intermediate, and long-term goals
or the direction in which the facility is or should
be headed.

In general, policies and procedures are also based
on a variety of other sources, including:

o The facility's charter or bylaws.

o Existing written policies and procedures.

o Administrative rules, regulations, and
memorandums.

o Recommendations of staff, unions, and juveniles
(when appropriate).

o Existing but unrecorded practices.

o Problems encountered in the past.

o Local codes for fire, building, safety,
sanitation, and health.

o Standards issued by a variety of groups,
including: the American Correctional Association
(ACA) (1991), the National Commission on
Correctional Health Care (1992), the American Bar
Association, the American Medical Association, the
Office of the U.S. Attorney General, and State
agencies.

o Model policies and procedures manuals from the
American Correctional Association (1992), other
States, agencies, or institutions.

o Issues identified in audit reports.

o Suggestions from the community and involved
agencies.

o Legal and professional requirements, including:

- Court decisions that determine the legal criteria
for facility operations. Because courts in various
areas tend to rule differently on particular
issues, it is advisable to rely primarily on
decisions from State and Federal courts in one's
jurisdiction.

- State statutes and administrative rules and
regulations relevant to the operation of detention
facilities.

- National and State corrections standards.

Key Content Areas

Although policies and procedures manuals will
differ slightly in their format, ACA (1992)
identified the following four areas commonly
addressed: administration, support services,
programs, and security.

Administration includes:

o General facility administration.

o Fiscal affairs, including purchasing.

o Personnel services.

o Public information.

Support services include:

o Food service.

o Health care service.

o Laundry.

o Supplies and storeroom.

o Maintenance.

o Communication--mail, visiting, telephone.

Programs include:

o Court liaison.

o Intake and admission procedures.

o Programming, such as education, recreation,
counseling, nutrition, reading, communications,
religious, medical, and health care services
(Stokes and Smith, 1990).

o Release preparation.

o Community volunteers.

Security includes:

o Security and control.

o Juvenile supervision.

o Rules and discipline.

o Emergency preparedness.

These sections are often further subdivided into
specific procedural sections.

The Jefferson County Manual

The Jefferson County Youth Center (JCYC) in
Louisville, Kentucky, serves as a model for policy
and procedure development. ACA designated Jefferson
County as one of the first national resource
centers for juvenile detention. Listed below are
the major sections of the JCYC policies and
procedures manual.

Administration. The administration section formally
sets the direction for the facility and includes
admissions, goals, staff patterns, and critical
program accountability. Sections cover the
following topics:

o Vision, mission, and value. Philosophy and goals
of the organization should be clearly stated.
Policies should generate from this overall mission.

o Policies and procedures. Procedures should be set
forth that detail staff access, training, and
revision opportunities for policies and procedures.

o Incident reporting. A system should be in place
to ensure the timely reporting and documentation of
major behavior violations, emergency medical
situations, threats to the security of the
facility, and professional misconduct. Additional
procedures should be in place to report child abuse
allegations, respond to new crimes, and preserve
evidence of crimes that may occur within the
facility.

o Organizational staffing. The facility should
define responsibility, place staff into related
units promoting efficiency, and provide a clear
chain of command to meet the needs of the
population and the established mission.

o Population accountability. Maintaining a daily
population roster is an accountability system that
notes changes in the population status or in the
physical or emotional condition of juveniles.

o Referral, screening, and placement of juveniles.
Procedures should address placement criteria for
population in the least restrictive level of
supervision. Placement may involve the use of a
risk-assessment tool.

o Program reporting. An effective information
system must include the opportunity for reporting
and monitoring the program activities at every
level of the organization. Reporting may include
shift reports, monthly reports, or statistical
reports.

Fiscal Management. General accounting practices
should be detailed for staff, including specific
protocol for small and large purchases and an
annual audit process of all facility finances.
Guidelines should delineate how resident funds and
cash income are to be handled within the facility.
Strict accounting procedures should be in place to
protect the integrity of those handling such funds.
Also, information should be available on employee
liability insurance, insurance for volunteers, and
vehicle insurance.

Personnel. Although most facilities are part of a
larger organization (e.g., county or State
government), personnel guidelines should include
compensation and benefits, performance evaluations,
codes of ethics, and an employee grievance process.
Employees should be aware of procedures to access
personnel files, and they should be offered
training in how to report harassment in the work
place.

Facility Management. Guidelines should be in place
to demonstrate compliance with zoning and building
ordinances. In addition to specific procedures on
how the facility space is to be used, other
policies should define the following:

o Rated bed capacity. Procedures should address the
licensed, rated bed capacity of the facility, which
provides optimum operation for a safe, secure
environment and meets the standard conditions of
confinement. Procedures should clearly define
strategies to maintain the rated capacity of the
facility and offer guidelines when that capacity is
exceeded. Procedures should address sleeping
arrangements, activity areas, dayrooms, population
movements, and staff responsibility when the
facility is under or over capacity.

o Facility utilization and access. Clear procedures
should detail utilization of the facility's
resources (e.g., recreation equipment), specific
access, and perimeter control.

o Hazardous communication program. Standards should
be in place to coordinate the identification, use,
and storage of any hazardous chemical within the
facility. Potentially hazardous materials may be
found in maintenance areas, storage areas, the
kitchen, the arts and crafts area, and general
supply. All containers of hazardous chemicals
should be properly labeled and inventoried.
Material safety data sheets contain manufacturer's
cautions and content ingredients, and usage
guidelines should be prominently displayed on each
container. Strict control should be in place to
prevent and/or control access by the youth
population. All staff should be trained in the use
of hazardous materials.

o A cleaning or housekeeping schedule. Procedures
should detail a schedule for routine and
specialized cleaning of every area in the facility,
detailing staff, maintenance, and resident
responsibilities.

o Risk management program. Regular inspections of
the facility should review the hazardous
communication program, health standards throughout
the facility, fire prevention readiness, and
facility maintenance. Findings should be reported
to the director and key staff responsible for
addressing these concerns. Routine inspections
ensure ongoing compliance with critical quality of
life issues.

Security and Control. The security and control
sections of the policies and procedures manual
should address the following topics:

o Perimeter control and surveillance. Procedures
should identify staff and visitor access, control
of contraband, guidelines to address visitor
problems, and public access to the facility (e.g.,
tours).

o Key control. Staff should be assigned security
keys in accordance with specific work assignments.
Key control should include a process for signing
regular inventories in and out on each shift.

o Searches. To maintain security of staff and the
population, routine frisk searches of the resident
population or strip searches, when needed, should
occur as established by protocol that has been
reviewed by legal counsel. The use of strip
searches should be restricted, and the policies and
procedures manual should include specific
guidelines for the protection of the juvenile and
staff. Search policies should include schedules for
regular room and property searches, guidelines for
the use of metal detectors, and procedures for
handling uncovered contraband.

o Fights, disturbances, and use of force. Specific
procedures should be established to address
behavior emergencies, utilizing only the minimum
amount of force necessary to control a juvenile or
situation within the facility. Guidelines should
detail the use of mechanical and humane restraints,
including authorization for use, duration of use,
and documentation of use. Safe physical management
approaches, use of facility, and external resources
available to address major disturbances should be
included in training.

o Escapes and absences without leave (AWOL's).
Guidelines should be established to identify
measures that prevent escapes or attempted escapes.
In the event of a successful escape, procedures
should detail staff response, apprehension
guidelines, notification of administration, and
guidelines for returning to normal programming.

Emergency Procedures. An emergency procedures
section from the policies manual should be posted
at each work site and should be easily accessible
to staff at all times. Emergency procedures should
detail the fire and emergency evacuation plan,
routinely documented drills, emergency notification
procedures for facility administration, the
community response, and specific guidelines for
natural disasters (i.e., snow, tornado, flood).
Annual training for staff and review of these
procedures with the local fire marshal ensures
staff readiness. Procedures should identify
responsibilities for each member of the staff
during an emergency situation.

Medical and Health Care. The medical and health
care sections in the policies and procedures manual
should address the following topics:

o Access to medical and mental health services. All
facility staff should be aware of the routine as
well as emergency notification and access.

o Health hazard and exposure control plan.
Employees have a right to know about potential
health hazards associated with their work. An
exposure control plan should include policies,
procedures, and responsibilities involved in
eliminating or minimizing employee exposure.
Employees should have access to applicable safety
information and appropriate personal protective
equipment to avoid potential risks. These are
federally mandated guidelines.

o Health services delivery. All staff should be
aware of and trained in the initial medical
screening process and the provision of information
to the juvenile regarding access to medical
services, including sick call and medical
distribution. Specific procedures in training
should occur for distribution of medication.

o Suicide prevention plan. A detailed plan reviewed
by mental health and social service professionals
should address levels of risk identified during the
initial screening. For each level of risk, staff
should be trained in behavior indicators,
monitoring guidelines, housing guidelines, referral
guidelines, counseling, and reporting notification.

o Communicable disease precautions. Procedures
should address staff guidelines, prevention, and
handling of any potential communicable disease
within the facility.

o Medical emergency response. Staff should be
trained in cardiopulmonary resuscitation (CPR) and
standard first aid.

o Staff health responsibilities. All facility staff
are expected to meet proper health guidelines as
specified in policy, and food service handlers must
meet special guidelines.

Communications. The communications section in the
policies and procedures manual should address the
following topics:

o Internal staff communication. Procedures should
include staff guidelines for primary communication
within the facility. Clear lines of communications
and authority ensure timely reporting during
emergency situations.

o Resident communication. Procedures should address
juvenile access to staff, court, their attorney,
mail, and telephone. Detailed visitation guidelines
should also be in place.

Juvenile Rights and Responsibilities. Policy should
grant residents personal programmatic and
environmental rights, including the right to
nutritious meals, the right to exercise, the right
to be housed in a safe environment, the right to be
treated fairly, and the right to privacy. The
juvenile rights and responsibilities section of the
policies and procedures manual should address the
following topics:

o Juvenile complaints. A detailed process should
afford juveniles the opportunity to file a
grievance about services, offering at least one
level of appeal.

o Responsibilities. The facility should detail
general responsibilities of juveniles during the
orientation process.

Resident Behavior Management. Policy should address
the following guidelines to manage resident
behavior properly:

o An orientation process should include general
juvenile rules, expected behavior in different
areas of the facility and at different times of the
day, access to medical services, staff-juvenile
relations, and access to all basic juvenile rights.

o The behavior management program may include
specific behavior levels in achievement, offering
privileges and opportunities at each level.
Juveniles should be well informed of what options
they have in relation to demonstrating positive
behavior within the facility.

o Discipline should include specific training and
guidelines on staff verbal intervention, use of
time out, use of minor behavior consequences, and
use of major behavior consequences. Due process
hearings are required for major facility
infractions prior to discipline being imposed.
Facility use of segregation should be limited, and
policy should identify specific reasons for use,
options for early release, and strict staff
monitoring guidelines.

o Staff and residents should be aware of schedules
and opportunities to access a variety of
programming features, such as education, religious
services, libraries, social services, and
recreation.

Juvenile Records. Procedures should detail a record
management and accountability process that includes
official records content, signature, monitoring of
record content, release of information, and
confidentiality.

Admissions and Intake. Procedures should address
initial legal authorization or detention, process
for medical and mental health screening, and basic
rights within the admission and intake process.
Staff orientation with the juvenile should include
access to immediate medical services, the nature of
the charge, opportunity for a phone call, and
details of the intake process. Procedures should
detail property control. 

Food Services. Procedures should detail access and
use of dietitian-certified cycle menus. Specialized
procedures for training food services staff should
include food service preparation, handling, meal
services, and equipment control.

Manuals may also include materials of
administrative interest, such as organizational
charts, personnel rules and regulations, and copies
of relevant forms. These optional addenda should be
carefully selected so that the manual does not
become a catchall of miscellaneous or marginally
valuable materials.

Performance-Based Policy

As discussed in Chapter 1, a problem with
standards, policies, and procedures occurs whenever
they are policy based rather than performance
based. In other words, do policy and procedure lead
to clearly identifiable practices in the
institution? The Abt Associates-Office of Juvenile
Justice and Delinquency Prevention study (Parent et
al., 1993) points to the lack of a clear
relationship between standards compliance and
improved conditions of confinement, reflecting the
need for further study in this area. One exemplary
effort is the recent development of performance-
based standards for detention centers in
Pennsylvania.

In 1992, the Juvenile Detention Centers'
Association of Pennsylvania (JDCAP), a State
affiliate of NJDA, designed and initiated the
Juvenile Detention Program Standards Project to
"develop and implement standards to encourage
quality programming in juvenile detention centers."
JDCAP assembled an advisory board consisting of
local, State, and national juvenile justice
practitioners, officials, and researchers to guide
and direct the project. Recommended programs and
services were designed so that they were consistent
with and integrated into the broader goals and
objectives of the juvenile justice system.

Crowded conditions are normally associated with
compromised levels of programming. Undertaken at a
time when detention populations in Pennsylvania
were dramatically increasing, the standards project
sought to challenge detention practitioners to (a)
enhance and strengthen existing programming and (b)
seek out creative and innovative methods to deliver
services. Enhanced levels of programming (the
highest level of performance) actually enabled
several detention facilities to better cope with
the increased number of youth and to better manage
the behavior and needs of the youth through well-
defined and structured programs and services.

The advisory board guided the standards project
through a deliberative process in which essential
areas of programming were identified, researched,
and developed. Sections of the Standards were field
tested and subjected to critical reviews and
subsequent revisions.

Central Areas for Standards Development. The
resulting Juvenile Detention Program Standards
addressed the areas considered to be essential to a
secure detention operation. These areas included:

o Safety, security, and control.

o Health services.

o Education.

o Recreation.

o Family support and interaction.

o Food services.

o Therapeutic services.

o Diagnostic services.

o Staff development.

Examples of recommended guidelines provided in the
standards included:

o Identification of specific actions to be taken by
the director of the facility to minimize instances
when the facility's capacity was exceeded (Safety,
Security, and Control: Population Management).

o Identification and management of youth who
present a risk of attempted suicide (Health
Services: Suicide Prevention and Intervention).

o Establishment of linkages with home school
districts to facilitate the exchange of educational
information and to provide continuity in the
youth's education (Education: Transfer of
Educational Records).

o Development of comprehensive diagnostic services
within the juvenile detention facility to assist
the court and juvenile probation in determining an
appropriate disposition for the youth (Diagnostic
Services: Development).

o Designation of a staff person to serve as
training coordinator, with specific
responsibilities to develop, coordinate, and
provide a program of staff development and training
(Staff Development: Structure).

Technical Assistance and Implementation Grants. The
standards project also provided modest grants to
detention facilities to assist in the
implementation of selected sections. Combined with
technical assistance, the implementation grants
demonstrated that the standards were realistic.
Because of these successes, detention staff were
receptive to implementing the more ambitious areas
proposed by the project.

One of the primary objectives of the project was to
have the standards woven into the fabric of
detention operations. To achieve this, a Training
Coordinator Certification Program was developed.
During an intense year-long program, staff trainers
were trained in the content of the standards, while
learning to develop their training and presentation
skills. By the end of the first year of the
program, two-thirds of the detention facilities in
Pennsylvania had enrolled staff. The project has
caused juvenile detention to view itself as an
integrated component of the juvenile justice system
that can and should provide valuable services and
programs to the juvenile court and the youth it
serves.

Document Format

Many variations in the format may be used to
present each policy statement and its procedures.
Regardless of the format selected, however, certain
key elements and facts must be included. The
following information can be placed either in a
masthead or in the body of the document:

o A classification or policy number that identifies
and separates each policy and procedure.

o A date to indicate when the policy was issued.

o An indication of whether the policy or procedure
supersedes another policy or procedure document,
memorandum, or directive.

o A chapter title that covers a particular area,
such as "Budget and Financial" or "Personnel."

o A subject title that describes or identifies the
specific subsection of the chapter, such as "Budget
Request and Justification" or "Personnel Records."

o A signature that indicates that the policy or
procedure has the approval of an issuing authority.

o A citation that references the official document,
law, regulation, or opinion (including the specific
article, chapter, or section) that served as the
foundation of the policy. The appropriate authority
for the policy could be a State law, regulation, or
guideline; a court decision; an attorney general's
opinion; or an executive order.

o A briefly stated purpose or goal of the policy.

o An indication of the division, department, or
personnel to whom the policy is directed.

o A list of definitions that provide explanations
for key terms and phrases that have a specific
meaning in the policy or procedure or that could be
misinterpreted.

o An implementation schedule or statement that
indicates when the policy will be put into effect
and how frequently it will be reviewed and updated.

Evaluating Policies and Procedures

Before policies and procedures are finalized or
placed in the manual, they should be evaluated for
their effectiveness. In terms of policies, the
following test questions may be asked:

o Does this policy conform with overall agency
philosophy?

o Does this policy conform with the general policy
guiding a special operational unit?

o Is this policy consistent with other policies, or
are there contradictions?

o Is this policy repetitious, superfluous, or too
trivial?

o Does this policy conform with relevant laws,
codes, and standards?

In terms of procedures, further checks should be
made by acting out the various steps involved (when
needed) and by asking the following questions:

o Is all the information needed to carry out the
procedure given?

o Are the steps given in logical sequence?

o Could the procedure be simplified or made more
efficient?

Who Develops the Policies and Procedures Manual?

The manual is usually developed by the facility's
governing body, working closely with the staff,
with purchasing and placing agencies, and sometimes
with concerned members of the community.

How Are the Policies and Procedures Communicated?

After policies and procedures are developed,
written, and signed by the appropriate person, they
become the basis for all activities and programs
carried out in the detention facility. For this
reason, communicating the policies becomes the most
essential factor for putting them into effect.
Administrators need to be sure that many avenues of
communication are used, especially when new or
changed policies are added. These avenues might
include individual memos, posted memos, staff
meetings, supervisory sessions, and/or formal
training sessions. There also should be a special
announcement of the policy or policies on the
effective date.

For the policies and procedures manual to serve its
purpose, it must be made easily accessible to all
facility staff and other relevant parties. A small
agency may find it feasible to issue a copy to each
staff member. In most cases, however, because of
the size of the manual and the cost involved in
duplicating a large number of copies, providing
everyone with a manual is prohibitive. At the very
least, therefore, the following distribution should
be made:

o Each agency working directly with the facility
should receive a copy.

o Each section chief within the facility should be
issued a copy of the manual, which should then be
made available to all staff in the section.

o Several additional manuals should be placed in a
central location for public access.

Usually, staff who receive a manual must sign for
the manual. In most facilities, direct supervisors
are responsible for ensuring that their staff
members are familiar with the contents of the
manual, particularly with those sections that
relate directly to each staff member's tasks and
duties. Careworkers should also expect initial as
well as ongoing inservice training on the content
of the policies and procedures.

Procedures for Making Changes 

Because the manual is the framework within which
the facility operates, the policies and procedures
need to be sound, realistic, and current, meaning
that the manual is never a finished document.
Sometimes, agencies will discover that the
philosophy that guides existing policies and
procedures changes. Sometimes, especially with
changes in the administration or with shifts in the
current belief systems, facility mission
statements, goals, and policies that reflect the
goals shift. For example, the goals of the juvenile
justice system historically have switched back and
forth between the philosophies of justified
punishment (let the punishment fit the crime) and
parens patriae (the State takes the place of the
parents). When the philosophy of a department or
facility changes, some of the policies and
procedures will also need to be changed.

Furthermore, as laws change, as legal decisions are
made, and as research reveals new and better ways
to run the facility or relate to the juveniles, the
administration (with input from the staff) needs to
revise the policies and procedures manual. In fact,
every facility should have a policy of ongoing
review and revision of their policies and
procedures manual on an annual and an ad-hoc basis.
At least once a year, the manual should be reviewed
formally by the administration and all staff.
Nonadministrative staff especially should be urged
to provide criticism and suggestions for its
improvement because only through active
participation will the manual become a truly useful
aid or guidebook. Supervisors need to ensure that
all their staff are familiar with their facility's
procedures for making changes or additions and
deletions.

During the review, policies and procedures that are
not clear, complete, or representative of what
staff actually do in certain situations should be
rewritten. Other policies and procedures that have
become outdated should be removed. Also, policies
that reflect new or expanded agency operations and
practices should be written, evaluated, and added
to the manual.

After the revisions are completed and approved, all
staff must be notified immediately about changes.
Bulletins should be distributed to all staff,
telling them which pages in the manual have been
revised, removed, or added. Staff will again be
asked to sign a form indicating that they have
received the updates. These measures ensure that
all staff are aware of changes, revisions, and
deletions as soon as they are made.

In the final analysis, putting what a facility does
into writing is a definite and necessary stage in
the development of a quality program. The policies
and procedures manual must be treated as a living
organism, responsive to change, growth, and
refinement. The review process ensures a level of
continuing creativity and flexibility in
identifying and meeting the needs of the juveniles.

------------------------------

Chapter 8 Admission to Detention

Admission to Juvenile Detention: The Event

Admission to detention is the act of taking custody
of a juvenile on the basis of the statutory
authority specified in the juvenile code of your
State. Admission is a legal act involving the
physical transfer of the juvenile into a detention
facility. Until admission, the juvenile is usually
in the custody of law enforcement.

Much of the information about the juvenile code and
the law surrounding juvenile detention intake and
admission is explained in Chapter 2. Furthermore,
each detention facility should provide policies and
procedures for the admission process. These
policies and procedures should include the
following:

o Determination that the juvenile is legally
committed to the facility.

o Complete search of the juvenile and possessions.

o Disposition of personal property.

o Shower and hair care.

o Issue of clean and laundered clothing.

o Issue of personal hygiene articles.

o Medical, dental, and mental health screening.

o Assignment to a housing unit.

o Recording of basic personal data information to
be used for mail and visiting list.

o Assistance to juveniles in notifying their
families of admission and procedures for mail and
visiting.

o Assignment of a registered number to the
juvenile.

o Provision of written orientation materials to the
juvenile (ACA, 1991:97, Standard 3-JDF-5A-02).

Legal Authority To Detain

The staff's first concern is the legal authority to
detain the youth. Every jurisdiction has its own
rules and procedures concerning what constitutes
legal authority to detain. Whatever the local
requirements, the juvenile detention caregiver
needs to be aware of these requirements and to
examine the paperwork carefully.

Staff should focus attention immediately on the
youth to establish contact and to determine the
juvenile's physical and mental condition. Staff
should also use the transporting officer or law
enforcement officer as an important source of
information.

Juvenile careworkers are often placed in situations
that present obvious problems. An intoxicated youth
is a prime example. Detoxification should be done
by adequately trained medical personnel. Detention
facility staff are usually not trained to perform
this function. In the best situations, training
combines with policy and procedure to provide
guidelines for staff decisionmaking. However, in
many institutions, the policies, procedures, and
training do not exist, forcing juvenile detention
caregivers to make some very important decisions
based on their own instincts. 

Safety and Security

The first moments of the admission process are
important to establish the legal authority to
detain the youth, to make an initial assessment of
his or her physical and mental condition, and to
begin establishing a rapport. It is also a time to
begin implementing security measures. For example,
conducting a frisk search will make sure that
detainees have no weapons or contraband that could
hurt themselves or others. Again, problems can be
reduced by constantly orienting youth to the
admission process and telling them what is going to
happen next. This technique reduces both fear and
anxiety, while placing the admission staff member
in a nonthreatening and helpful role. 

Classification

Most juvenile detention facilities do not use a
classification system for detained youth at
admission. From the perspectives of conditions of
confinement and legal liability, juvenile detention
facilities have a constitutional mandate to protect
the safety of youth in detention, which generally
means the establishment of a classification system
that identifies and separates violent offenders
from nonviolent offenders. The separation is
primarily intended to affect housing assignment and
sleeping arrangements. It does not require an
entirely separate program during waking hours. 

When a detention facility operates under its rated
capacity and when all rooms are single-occupancy
rooms, classification is not a priority for staff.
One acceptable way to avoid an elaborate
classification system is the development of an
enforceable policy stating that all youth are
housed in single-occupancy rooms. However, if a
situation should occur when the number of detainees
exceeds the capacity of the residential unit, some
special housing considerations must be made. In the
event of the need to double bunk or the need to use
double- or multiple-occupancy rooms, the separation
of violent and nonviolent offenders is critical.
Because of the frequency of overcrowding and the
use of multiple-occupancy rooms in most detention
facilities, the establishment of a classification
system that addresses housing assignments is
recommended for all juvenile detention facilities.

Classification System. Just as teachers assess new
students to determine the level of their
schoolwork, you are responsible for determining how
a new detainee fits into the group living part of
the detention facility. Classification systems are
used to assign detainees to particular programs and
housing units. Information used in a classification
system should include:

o Sex and age. 

o Physical characteristics.

o Nature of offense.

o Prior offense history.

o Behavioral reports and summaries from prior
detentions.

o Social history.

o Psychological assessment.

o Conversations with admitting police officers.

o Information from probation officer or case
workers.

o Status of gang membership.

o Physical indicators of violence (e.g., scars from
fights or gunshots).

o Reports from other agencies.

o Self-reported data. 

This information is used to assign youth to the
various programs in the detention facility or to
alert program staff of the need for additional
information and assessment.

At admission, the first classification decisions
are housing or group related. In medium or large
facilities that have more than one housing unit and
various program groups, classification usually
involves the following issues: (a) separation of
violent and nonviolent detainees, (b) separation of
male and female detainees, and (c) separation of
detainees based on level of sophistication or on
some arbitrary assessment of age, size, and mental
maturity. Other classification decisions are based
on the number and range of programs offered at the
detention facility.

Because most detention staff have very little
information about youth at the time of admission,
the distinction between violent and nonviolent
offenders is often based solely on offense. This
can be highly misleading when violent youth are
charged with nonviolent offenses. In these cases,
admitting staff members run the serious risk of
mistakenly mixing violent and nonviolent detainees,
with potentially disastrous results. In the absence
of adequate information at admission, all new
detainees should be housed in single-occupancy
rooms until such information is assembled. When the
facility exceeds capacity or when multiple-
occupancy rooms are involved, the risk is
increased. At this point, self-reported information
is critical. 

Admission to Juvenile Detention: The Process

The process of admitting a youth to detention is
equally important. There is an art to getting youth
fully and smoothly involved in the detention
program. The following information is based on the
American Correctional Association (ACA) admission
training video, "The Critical Hour" (1987),
developed for juvenile detention practitioners. The
video stresses how to complete the admission.

Why is the admission process so important? Although
admission procedures are often hastily done under
adverse conditions, admission is critically
important because it is the first encounter with
the youth. It is the first impression; it sets the
tone; it establishes the flavor for the entire stay
in detention; and it probably will affect the
outcome. Each detention facility should establish
clear policies and procedures to ensure that the
experience is a positive one. 

Goals of Admission: Rapport and Information

Rapport and information are the twin goals at
admission and are entirely complementary. To make
sure that the process operates as effectively as
possible, staff must gather good information. Staff
decisions about what is in the best interest of the
youth are no better than the information they
acquire, and to get good information, staff have to
be able to establish rapport very quickly.

Detention is a complex situation, placing troubled
youth together in a confined environment with high
levels of uncertainty. The risk for problems is
very high for both the youth and staff. The mission
of juvenile detention is the health, safety, and
well-being of both the youth and the staff, and
achieving this objective requires good information,
which is the foundation of good decisionmaking. To
get this information, staff must be able to
establish a healthy relationship very quickly with
the new juvenile in order to ask the questions that
will uncover the key bits of information. 

Good detention facilities supply staff with a
substantial amount of information at admission. To
protect the health, safety, and well-being of staff
and residents, it is important to acquire as much
information as possible from the new detainee. Even
though delinquent youth are remarkably candid,
contemporary issues of violence, drug use,
depression, suicidal behavior, and sexually
transmitted diseases are potentially dangerous
issues for everyone in the detention facility.
These topics can also be very embarrassing to
discuss. Therefore, the better the relationship,
the easier it is for new detainees to be forthright
and forthcoming with staff.

Admission Interview

The information-gathering process should begin with
informal conversation. Through informal
conversation, staff can uncover and address many of
the youth's fears and apprehensions that can cause
serious anxiety. After this initial informal
conversation, the juvenile moves on to the
admission interview. During this process, the
interviewer will collect much of the information
necessary to manage the youth during his or her
stay at the center.

The first moments are critically important because
they set the tone--which is why the best staff
should do the admission. In some institutions, the
responsibility for admissions is often relegated to
staff members with lower status, and this policy is
not advisable. Staff want to establish that they
are concerned for the youth's well-being, and staff
want to do this very quickly and effectively.

Establishing Patterns of Positive Responses. The
admission interview is an information-gathering
process. As a new staff member, you should look at
it as an opportunity to establish a relationship
and to acquire additional information about the new
detainee. Some techniques are helpful in this
regard. An important one is the establishment of
positive patterns of responding. 

To establish these positive patterns, staff members
must have some accurate information about the new
detainee before his or her arrival at the detention
center. Throughout the information-gathering
process, staff should ask questions that confirm
existing facts and data about the youth. In other
words, questions should be asked that require a
simple yes or no answer, but the intention is to
get far more yes answers from the new detainee.

An example of a confirming question is: "You are 15
years old?" (Staff should receive this information
from the intake department.) Using the information
available prior to the admission, staff should
construct as many simple yes questions as possible
to get the youth into the pattern of affirmative
responses.

Next, staff ask questions that require very short
and simple answers. "Where do you live?" "How many
brothers and sisters do you have?" "What are their
names and ages?" "What school do you attend?" "What
grade are you in?" The positive pattern of
responding becomes more extensive as youth continue
to answer questions successfully and cooperatively.
As this occurs, staff should reinforce this
cooperative behavior through increased social
interaction, informal conversation, eye contact,
smiles, and attention. This establishes the
relationship and helps to build trust.

Once cooperation is established, staff can ask
tougher questions to find out the key bits of
information critical to safeguarding the youth's
stay in the institution. Some questions address
current feelings, emotional states, unusual
behaviors, and physical harm, such as "Have you
ever hurt yourself?" or "Have you ever tried to
commit suicide?" Other questions relate to drug and
alcohol abuse, such as "Do you use alcohol?" or "If
so, how much, and how often?" (Refer to the section
on substance abuse assessment.)

Admission Form. The minimum requirements for the
admission interview have been establish by ACA. The
admission interview completes the admission form or
paperwork. Although every facility has its own
admission form, the following items should be
covered:

o Personal and family data, including full names
and addresses of guardians, so that family members
can be contacted in case of emergencies.

o A brief medical assessment, which would include
the name of the family doctor, present physical
condition, medications, and allergies.

o A behavior assessment, which inquires about
recent changes in behavior patterns in relation to
social stresses and allows staff to make informed
judgments about the youth's potential adjustment to
the center and its program.

o A drug and alcohol use assessment. The
interviewer and staff need to be alert to possible
withdrawal symptoms or other drug-related effects.
The effort extended in establishing rapport with
the youth will pay off greatly at this point if the
detainee is honest during this assessment.

o A suicide assessment.

Specifically, an admission form should be completed
for every juvenile admitted to the detention
facility and should contain the following
information: 

o Name, age, sex, date, and place of birth.

o Race or ethnic origin.

o Name of person to notify in case of emergency.

o Date and time of admission.

o Social history.

o Special medical problems or needs.

o Personal physician.

o Height, weight, and hair and eye color.

o Address and telephone number.

o School and grade.

o Employer, if applicable.

o Driver's license and Social Security and Medicaid
numbers, when applicable.

o Name and relationship of person with whom
juvenile lives.

o Parent's or guardian's name, address, and
telephone number.

o All identifying marks, scars, and tattoos.

o Name of probation officer.

o Religion.

o Referral (who brought juvenile to admission).

o Name and signature of admitting official.

o Offense (charge indicated on police record,
petition, court order, or bench warrant).

o Assigned number from admissions log book.

o Name of person authorizing admission (ACA,
1992a:56).

The case record is established at admission. All
entries made into the case record should be dated
and initialed or signed. At minimum, the case
record file should include the following
information: 

o Initial intake information.

o Individual plan or program.

o Documented legal authority to accept the
juvenile.

o Record of court appearances.

o Medical history.

o Signed receipt from juvenile indicating
acceptance of the facility's rules and policy
handbook.

o Signed informed consent form.

o Notations of temporary absences from the
facility.

o Visitors' names and dates of visits. 

o Record of telephone calls received.

o Progress and counseling reports.

o Grievance and disciplinary reports.

o Referrals to other agencies.

o Psychological evaluations (ACA, 1992a:57).

Throughout the interview, the juvenile detention
caregiver should be alert for anything unusual,
especially any sign indicating that the youth is at
risk of harming himself or herself or others. 

Property Inventory and Searches

The property inventory is an essential part of the
admission process. Explaining clearly how the
property will be safeguarded helps establish the
interviewer and the institution as being
trustworthy. The detainee should be asked to sign
the inventory and be given a copy of it. Once the
inventory is complete, the youth should be strip
searched, showered, and dressed in the clothes
being used at the facility. Although the visual
search is undeniably embarrassing to the youth, it
is necessary and should be done with as much
respect for privacy as possible. During a search,
the juvenile detention caregiver is attentive to
any bruises, cuts, or marks that indicate abuse,
noting them on the admission form.

Searches. Searches are a legitimate part of the
admission process because they ensure safety and
order in the detention facility by controlling
access to contraband. Five types of searches are
used in juvenile detention: inventory search, room
search, frisk search, strip search, and body-cavity
search. Detention facilities use the first three
searches routinely.

The inventory search is a thorough search of a
youth's clothing or personal property brought into
the detention facility at the time of admission,
visitation, or official activity outside the
detention facility.

The room search is a routine and unscheduled search
of a resident's room to discover contraband and
destruction of property.

The frisk search, or clothed-body search, is a
thorough patdown of a youth's body and outer
clothing. The frisk search does not require a youth
to remove any clothing, except a coat or jacket. 

The strip search and the body-cavity search are
much more invasive and are subject to closer
scrutiny. The courts and professional associations
have set guidelines for strip searches and body-
cavity searches. As a line staff member, you run a
substantial risk when conducting a strip search
without the authorization of the facility
administrator or supervisor.

Strip search. When you are authorized to conduct a
strip search, the following guidelines should be
observed for your protection:

o A strip search should occur only after you have
had training on how to conduct a strip search.

o Strip searches should be conducted in a private
area of the detention facility.

o You must maintain a professional demeanor
throughout the process.

o Youth should be asked to remove all of their
clothing, and you should refrain from inappropriate
comments and staring.

o You should not touch a youth during a normal
strip search.

o You are only permitted to conduct a strip search
on a youth who is the same sex as you.

For new adult detainees in jail, the courts have
held that the nature of the offense does not
constitute a reasonable suspicion to conduct a
strip search at admission. However, drug-related
offenses, violent offenses, and serious felony
offenses do constitute a reasonable suspicion to
conduct a strip search. Additionally, the frisk
search at admission and the inventory search of
property may uncover contraband that creates a
reasonable suspicion to conduct a strip search.

You have been advised to conduct a strip search on
all juveniles at admission. ACA recommends
completing a strip search as a part of the
admission process. In the absence of case law on
the subject, conducting a strip search as a routine
part of the admission process is advisable.

Body-cavity search. Unless you are a licensed
health care provider with authorization from the
responsible physician and facility administrator,
you should never conduct a body-cavity search.
Specific reference is made to a visual, manual, or
instrument search of a detainee's anus and/or
vagina. If you have any questions, refer to the
Standards For Health Services in Juvenile Detention
And Confinement Facilities of the National
Commission on Correctional Health Care (1992).
Additional information about searches can be found
in Chapter 5, in ACA standards (1991), in ACA
guidelines (1992), and in articles by Bell (1992)
and Smith (1986). 

Orientation and the Resident Handbook

As a final step in the admission process, the youth
should be oriented to the expectations of the
facility. This orientation is usually done through
a review of a resident handbook, which contains the
list of rules, sanctions, and rewards available for
cooperative behavior. The resident should sign a
statement indicating that he or she has received a
copy of the rules and understands them. During the
orientation process, staff should be sensitive to
the youth's educational level. If help reading the
rules is necessary, it should be provided in a
nonjudgmental manner that does not embarrass the
youth. If the juvenile does not speak English, an
orientation should be conducted in the juvenile's
native language.

Special Concerns at Admission

Fear and Apprehension

When youth come to detention and are clearly
apprehensive and fearful, you should take the time
to convey several important messages to them.
First, you should explain that you are concerned
about their health and well-being, and you can show
concern directly by asking them how they feel and
what's happened to them. These types of expressions
of concern are very important in establishing a
sense of trust on the part of new detainees. It is
also important that you walk youth through the
whole admission process when they are apprehensive.
You can reduce their sense of uncertainty by simply
telling them what is going to happen next and
telling it in detail with calm reassurance. Fear
and apprehension are typical of the juvenile
admitted to a detention facility for the first
time. 

Hostility

Hostile or belligerent youth present a number of
different problems. If the youth's hostility is
verbal bravado and not a physical assault, you need
not change your strategy. What works with
apprehensive juveniles applies to most other types
of youth. Some of the more troubling youth require
you to be more patient and persevering in this
approach. 

To conduct an effective admission, you must get
past the youth's anger and calm the youth to the
point that you can ask the questions on the
admission form. For example, an admitting staff
member can persist in asking questions without
becoming personally involved with the affronts or
name calling commonly associated with hostile
youth. You must surpass that point and put that
kind of anger in its proper perspective. When a
youth is truly angry, hostile, and belligerent, you
should expect venting in that particular fashion.
When this venting occurs, you need to calm the
youth to the point that you can achieve your goals-
-establishing the relationship, getting good
information, and making sure that the youth is
successfully integrated into the program. 

Many institutions require or allow staff to
confront anger and uncooperative behavior, and
staff immediately try to establish control,
authority, and power--which explains why so many
detention centers use solitary confinement or
locked-room confinement as part of the admission
process. Confronting verbally inappropriate and
hostile behaviors is unnecessary as a means of
establishing control or authority. Very few youth
fail to notice the cinder block and concrete
construction, the security hardware and locks, the
wire glass, the metal doors, the steel handcuffs,
or the security furniture. Youth quickly understand
physical size differentials, especially when the
differences occur in 100-pound increments. Control
and security permeate most detention environments
so pervasively that you do not have to remind a
youth about who is in charge. Furthermore, it is
extremely rare that a youth would physically
challenge you or the facility's security at the
time of admission.

Depression and Suicidal Behavior

Another condition that requires your special
attention is despondency. Although despondency
occurs at the other end of the emotional spectrum
from hostility, the despondent or depressed youth
can be more dangerous than the hostile youth.
During the admission interview, watch for signs
that alert you to the risk of self-inflicted
injury. If you learn that a youth has tried to hurt
himself or herself, you should gently but
persistently probe for details. The goal is to find
out how serious the youth was about committing
suicide and how well developed the plans were.

Once suicidal tendencies have been discovered, you
should conduct a more comprehensive suicide
assessment. This assessment should elicit the
following information:

o Previous suicide attempts.

o Outcome of previous attempts.

o Future plans.

o Methods that might be attempted in the future.

o Concreteness in the plans.

o Motivation for the suicide attempt.

At the end of the interview, you should assure the
youth that the detention center is a safe place.
You should tell youth that they will not be allowed
to harm themselves while in detention. (See Chapter
15 for more information about suicide assessments.)

Suicide Alert Status. There is no greater risk in a
detention setting than suicide, and it occurs more
often than staff care to admit. The majority of the
suicides can be prevented by establishing trust and
rapport, by gathering good information, and by
taking action. When the admitting staff member
learns about suicidal or self-destructive behaviors
or once patterns of self-destructive behaviors are
clearly noted, the admitting staff member must make
sure that this information is documented and
communicated. 

In many cases, institutions require that a special
form be filled out and that the juvenile be
referred for some type of professional assessment.
The most important element is the communication of
this information to other staff members. Nothing is
accomplished if you have critical information but
keep it to yourself. You must transcend the belief
that you can solve the problems of youth
individually rather than having the team or the
entire staff resolve important issues. 

What should you do at admission with a potentially
suicidal youth? The following immediate steps are
recommended:

o Ensure that the youth is under maximum
supervision. Do not leave him or her alone or in
isolation.

o Move this information up the chain of command.
Inform your shift supervisor immediately.

o Arrange for continuous interaction with other
staff or residents whenever appropriate.

o Read and review the policies, procedures, and
protocols for suicide-alert status. Implement these
action steps wherever appropriate.

o Document, log, or write down (in a place that is
easily accessible to all staff members on that
shift and to staff members on future shifts) those
suicidal statements or behaviors that caused
concern.

Summary

The final statement about the admission process is
a very simple one. You are working with human
beings who need the same things that you would want
if you were locked up in a strange place--some
kindness and some respect. To the extent that you
use kindness and respect, in conjunction with the
guidelines in this chapter, your admission process
will be quite successful.

------------------------------

Chapter 9 Health Care for Incarcerated Adolescents

Because the parents of incarcerated minors are no
longer able to monitor their child's health and
well-being, government agencies responsible for
incarcerated youth assume the obligation to provide
medical, dental, and mental health care. In
addition to treating illness and trauma, each
institution's staff should also aim to prevent
disease and accidents in their institutions.

Failure to provide adequate health care has been
interpreted by the courts to be cruel and unusual
punishment resulting in a constitutional violation.
On the other hand, negligence (medical malpractice)
or a disagreement concerning treatment between a
ward or his or her parents and the physician does
not constitute cruel and unusual punishment.
Obviously, however, negligence and malpractice
should be avoided to ensure the welfare of
detainees and prevent litigation against the
institution and its medical personnel.

Accrediting bodies such as the American
Correctional Association and the National
Commission on Correctional Health Care (NCCHC)
provide guidance on how to construct a good
institutional health care system. The standards
require institutions to designate a health
authority who is responsible in a well-defined
manner for all health care services. The authority
may be an individual, such as an administrator or a
physician, or an agency, either governmental or a
private contractor. If the authority is not a
physician, final medical judgments still must be
made by a designated physician.

Decisions regarding the scope of health care to be
provided should be made in advance and accepted by
both the juvenile caregiver and medical staff.
Issues that must be resolved include addressing
stable pre-existing medical conditions as well as
prescribing and dispensing eyeglasses. The
prescribing of psychotropic drugs should also be
addressed, especially the contents of the formula,
because some of these drugs will be very expensive.

Two competing forces influence the scope of health
care to be provided. On the one hand, incarceration
provides the opportunity to provide services to
youth who, because of their situation, would not
otherwise receive services. The timely provision of
services can have public health implications and
reduce costs by preventing the development of more
serious illness in the future. 

On the other hand, most budgets are limited, and
not every service can be provided. Incarcerated
juveniles generally have great health needs because
of disenfranchisement and deferral of needed
medical care. For this reason, providing medical
care for their more advanced illnesses can be very
expensive. Rather than handling each case
individually, a policy should be implemented so
that every detainee has the same access to
treatment. Failure to do this could lead to charges
of discrimination or favoritism. One standard
currently used in the United States is that care
should meet community standards, which may include
access to specialists and even experimental
therapy. 

Some detention facilities have solved the community
standard dilemma by affiliating with a medical
school. By Federal mandate, people who could
potentially benefit from biomedical research--such
as drug users, incarcerated youth, minorities, or
women--must be included in that research. This
affiliation provides high-level, up-to-date medical
care and provides the opportunity to expose faculty
and physicians in training to detention medicine.
The generally enthusiastic care provided by medical
residents is greatly appreciated by the detained
adolescent. Most training programs can provide
specialists in adolescent medicine, neurology,
dermatology, sports medicine, obstetrics and
gynecology, orthopedics, and surgery. Often, phone
consultation with a specialist obviates the need
for the patient to see the specialist in person.
This reduces expensive consultations outside the
institution. 

In the past, the abuse of detainees for medical
research purposes lead to a ban on almost all
research involving detainees. During the past
several years, Government regulators and scientists
have reevaluated this prohibition because of a new
realization that detainees have unique problems
that can only be understood if they are included in
research studies. Therefore, research that involves
minimal risks and has the potential to benefit
individual detainees or detainees in general may be
conducted with appropriate safeguards, including
approval by a properly constituted Institutional
Review Board.

It is important to remember that decisions
regarding standards of medical care and access to
that care should be left to trained medical
personnel. Institutional staff must be careful not
to interfere with a juvenile's access to medical
care. In fact, because of an adolescent's fear or
distrust of authority or the medical system, it is
especially important for careworker staff to be
alert for illnesses that the juvenile may not
report.

Practices that subtly discourage youth from seeking
medical care should be looked for and eliminated.
For example, some institutions may hold sick call
during recreation time, which means that the youth
will have to choose between fun and a medical
clinic visit. Likewise, labeling sick call
"Complainers Clinic" sends a negative message to
minors. Comments from the staff about youth
complaining also discourage them from asking for
care. In reality, a constant complainer may be at
high risk for an undiagnosed physical or mental
illness. Research has shown that many children who
attempt suicide have visited a physician only a few
weeks prior to the attempt. The lack of privacy
inherent in a detention setting can reduce the
ability of youth to ask for the help they need. For
example, youth with concerns about sexually
transmissible diseases or HIV/AIDS may not ask for
help if they think they will be overheard.

Because detained juveniles may exhibit negative or
manipulative behaviors, all staff members will
eventually be exposed to unpleasant conduct that
may adversely affect their relationships with other
youth in detention. Training for careworker and
medical staff should emphasize that each child
should be approached as an individual, not as a
member of a prejudged class or group.

Juvenile careworker staff must honor treatment
plans prescribed by the medical staff. If the
patient is to avoid exercising, wear a sling, or
avoid certain foods, the careworker staff must try
to carry out the treatment plan. If it is
impossible to comply, then the medical staff
(usually the prescribing doctor) should be notified
so that an alternate plan can be developed. There
may be occurrences when the careworkers are
convinced that a particular person does not need
the care ordered by the physician. Although this
belief may be true, the conflict should be resolved
by contacting the physician, not by ignoring the
treatment that was ordered. 

Each institution must provide an adequately
equipped medical unit that matches the level of
care the institution has chosen to offer.
Facilities can range from a simple dispensary to an
elaborate hospital ward complete with operating
rooms. If the institution elects to have a modest
facility, plans must be in place to rapidly
transport sick and injured minors to an outside
medical facility. Regardless of the complexity of
the space, the area must be clean and reflect a
commitment to the provision of quality medical
care. Good care provided in dingy, dirty, or
cramped quarters negatively affects the entire
medical interaction. 

The medical area should have a private space where
minors can be interviewed, examined, and treated.
The dimensions of the space and the type of
equipment will vary depending on the size of the
institution and the extent of services provided.
Maintenance of equipment, including periodic
testing, must be accomplished by the appropriate
medical personnel. Juvenile careworker personnel
are responsible for maintaining physical security
of the medical unit and its equipment.

Adolescent Responses to Health Care

Because of their developmental stage, adolescents
often exhibit behaviors that appear contradictory.
One moment a juvenile will demand independence and
the next request attention. These apparently
conflicting situations can confuse adults who work
with juveniles. Even the most hardened juvenile may
show fear at the thought of receiving an injection
or undergoing some other health care procedure.
Staff should avoid teasing or belittling the minor
in this situation. Instead, ask about the concerns
regarding the procedure. Often, the patient has an
unpredictable concern that is easy to address once
it is discovered. Many adolescents accept what they
are told as the literal truth. For this reason,
staff should refrain from making jokes about
medical procedures. Statements such as "if you keep
complaining about your toe, the doctor is going to
cut it off" may cause apprehension and hostile
behavior the next time the youth visits a
physician. Rumors abound in institutions, and alert
staff must be tuned into these rumors and short-
circuit them before they become established facts
in the minds of the population.

Sometimes, the careworker may consciously or
unconsciously take advantage of the adolescent's
volatility to avoid providing medical care. Instead
of calming the patient, the care provider will
allow or even encourage the patient to become
upset, setting the stage for the patient to refuse
treatment. If patient refusal becomes a recurrent
problem, supervisors should investigate why the
youth are refusing treatment. 

Medical staff may ask the careworkers (sometimes
called counselors) to intervene with a reluctant
patient. Calm discussion often works to uncover any
misunderstandings on the youth's part. Careworkers
should avoid premature reassurance because it is
impossible to discuss the juvenile's worries until
they have been revealed. If the careworker is
unclear about the type of medical procedure or the
reason it is needed, a discussion with the health
care provider should occur before talking to the
youth.

Trust in the doctor-patient relationship is
paramount to an effective interaction between the
two individuals. Detained youth have many reasons
not to trust the institution's physicians. An
important reason is the inability to obtain a
physician of one's choosing. Furthermore, the
juvenile may perceive the physician as having
conflicts of interest and loyalty (i.e., to the
institution and the patient). If trust is lacking,
the physician will not have the juvenile's
cooperation, and vital information may be withheld.

Strict separation of medical and legal issues
within the institution helps to avoid some of these
problems. The institution's medical personnel
should not engage in the collection of evidence or
participate in other judicial proceedings against
the patient. Exceptions to this rule may exist if
the youth personally asks the medical personnel to
perform a service that the youth believes is in his
or her best interest. In this case, the medical
staff should be certain that the youth was not
coerced into making the request. In most cases, the
judicial authorities should bring in outside
medical personnel to collect evidence. Likewise,
medical records should be safeguarded and released
to non-medical personnel only after a court
subpoena. 

Confidentiality and Separation of Responsibilities

Detention staff who work within the medical area
often become aware of confidential medical
information. Access to medical records and
overheard conversations are two common modes of
information transfer. Furthermore, some information
may be explicitly revealed, such as a positive HIV
status. Medical ethics, State laws, and human
decency demand that staff keep all medical
information confidential, especially from other
juveniles.

If detention centers allow certain youth to act as
trustees, they must never be permitted to move
confidential information even if it is in a sealed
container. If a staff member believes that specific
information should be disseminated, he or she
should discuss it with the health care authority in
charge of the medical unit before acting on this
belief.

Roles of Staff

Careworker and medical staff have somewhat
different functions and areas of responsibility. In
very general terms, the difference can be
considered as a concern for the overall institution
(custody staff emphasis) versus the welfare of the
individual (medical staff emphasis). Although both
concerns are important and deserve recognition,
this difference in outlook inevitably creates some
conflicts between the medical and careworker staff.
These differences can be viewed as an opportunity
for all staff to collaborate on problem solving
rather than being viewed as an impasse.

Regularly scheduled meetings between careworker and
medical staff offer the opportunity to discuss
differences of opinion and roles. To separate the
functions of the two staff, many institutions have
medical providers report to a health care entity,
such as the public health department, rather than
to the juvenile department. In addition to regular
meetings, it is advisable to make immediate contact
between the two groups if a serious problem arises.
This contact allows for the correction of problems
before they are forgotten or allowed to fester,
which can cause resentment to develop between the
careworker and medical staff.

All medical staff should be aware that harmonious
and courteous relations with careworker staff is
essential for providing optimum care to their
patients. On the other hand, if a medical staff
member develops too close an identification with
the detention staff, he or she may fail to
intervene in a situation in which a minor could
suffer adversely from a decision made by a member
of the custody staff. Thus, a careful balance must
be maintained. 

Communication With Parents

Communication between medical staff and the parents
of incarcerated children can be very important.
Parents often worry about their children when they
are not in control of their care. Listening to the
parents' concerns before reassuring them that
everything is all right ensures that the discussion
will answer their questions. Medical staff should
encourage parental involvement in their children's
care as much as the institution's rules allow.
Permitting a sick child to speak on the phone to
his or her parent offers reassurance to the parent
and to the child. Face-to-face meetings including
the parents, the child, and the physician may be
useful when the seriousness of a medical condition
makes it necessary, such as a newly diagnosed case
of HIV infection.

Remember that some information is confidential and
should only be shared with the parent if the youth
has given consent. Depending on your State laws,
examples could include situations involving a
sexually transmissible disease, pregnancy,
abortion, or drug or alcohol treatment. Referring
parents back to their child for information
regarding confidential subjects helps to open
communication between the youth and the parents. It
is never permissible to refuse to speak to a
parent. If medical staff receive a telephone call
and there is a concern about the identity of the
caller, then staff should take the person's phone
number, verify it, and call the parent back.

Communication With Facility Staff

Communication between the medical staff and other
institutional staff--such as teachers,
psychologists, social workers, probation officers,
and juvenile care workers--regarding detainees with
medical or psychological problems allows the
coordination of care for children with complex
problems. For example, a pupil in the school may
have learning difficulties because of an organic
disease. Referral by the teacher to the physician
may allow treatment of the problem.

Additional Roles for Health Care Providers 

Health care providers can serve in a variety of
functions not always immediately apparent to
detention staff. Medical staff can provide valuable
consultation to the careworker staff when a new
program is developed.

For example, boot camps may unintentionally involve
situations in which a youth may be injured.
Vigorous physical activity on hot days may cause
heat exhaustion and collapse after a short time.
Although guidelines for exercise in hot weather may
have been developed, sudden strenuous exercise by
an obese, out-of-shape adolescent could potentially
lead to serious medical consequences. A
conditioning program could be developed in
consultation with physicians to avoid this problem.
Using obstacles such as climbing towers can lead to
serious injury if a ward falls from a tower. Even a
well-constructed tower with safety harnesses to
prevent falling requires regular inspections and
maintenance. The decision to have a program and the
components of the program should be a collaborative
effort between medical and custody staff. 

A pattern of injuries within a facility should
alert the medical staff that there might be a
problem. The type of sports played may be too rough
or the field too uneven, causing preventable
injuries and increasing the cost of treatment. An
individual staff member may be handling juveniles
inappropriately and causing or allowing injury to
take place. There may be inappropriate force used
during the arrest process, which must be reported
to the appropriate authorities. An example might be
a number of severe dog bites because of aggressive
use of police dogs. Child abuse or sexual abuse
reports may be filed by medical personnel because
of events that occurred prior to or during
detention. 

Initial Health Status Screening

Immediately after arrival at a detention facility,
the detainee should undergo a medical evaluation,
which is designed to rule out communicable diseases
and determine if the youth has any health
conditions that preclude detention. The evaluation
is usually done by a trained nurse using a standard
form. Small institutions may elect for this
evaluation to be done at a local hospital in the
emergency department or outpatient clinic. 

The screening includes demographic data, present
illnesses, past medical history, current
prescription drug use, and allergies. Past illicit
drug and alcohol use can also be recorded. The
assessment looks for current alcohol intoxication
and/or drug overdose as well as injuries that may
have been sustained just before or during the
arrest procedure (i.e., auto accidents or canine
bites). The patient's heart and respiratory rates,
blood pressure, weight, height, and visual acuity
are measured. Many institutions draw a blood sample
to test for syphilis or request a urine specimen to
test for infection (leukocyte esterase) or kidney
problems.

A complete physical exam may be conducted within a
few days of arrival in detention. Local laws may
mandate the permissible length of time before the
exam must be conducted. A focused history is taken
to supplement the history already collected upon
arrival.

The physician, nurse practitioner, or physician
assistant completes a physical exam with special
attention to the heart, lungs, skin, and
musculoskeletal system. All sexually active females
should have a pelvic examination because the rate
of sexually transmissible diseases is quite high in
detained females. Males also require a careful exam
of the penis, anus (usually a visual inspection is
sufficient), testicles, and scrotum. At the end of
the exam, immunizations and a test for tuberculosis
can be administered.

Nursing Rounds

Each detained youth should have daily access to
medical care providers in case a health problem
develops. In small institutions, the youth can be
brought to the nurse for evaluation and treatment.
In larger settings, nurses make rounds in the
living units several times per day to evaluate the
sick and to dispense medication. Regardless of the
setup, the patient must be afforded privacy so that
residents and staff are not eavesdropping on the
patient's conversation with the nurse. Extended-
role nursing involves utilizing nursing protocols
to treat youth illnesses on the spot, saving
physician time and speeding up the process of care
giving. Those patients who need a physician's
evaluation can be referred to the next sick call,
and careworker staff must take care not to impede a
youth's access to medical personnel during these
rounds. 

Clinic or Sick Call

Physician services should be available on a
predictable basis. Large institutions will have
physicians on the premises for several hours each
day, while smaller facilities may have a physician
present for only a few hours each week. In the
latter case, emergency care must be available from
an emergency department 24 hours per day, and
procedures must be in place so that there is no
delay in getting care. The place where the
physician sees patients must provide privacy, be
adequately lit, and contain the furniture and
equipment that will be needed to provide diagnosis
and treatment. 

In large institutions, special clinics designed to
handle complex patient problems allow the physician
enough time to evaluate the problem and ensure
continuity of care. The addition of medical school
faculty to the treatment team can make these
clinics quite specialized, avoiding trips outside
the facility. 

Medication Dispensing

Medication may be dispensed in the living units, in
the clinic, or in both. Regardless of the site,
there must be security to prevent theft and to
ensure privacy, because some medications are easily
recognizable. Liquid forms of psychiatric or abused
drugs help ensure that the patient has taken the
medication. Both careworkers and nursing staff must
be alert to youth who do not swallow medicines and
who hoard or sell them. Juveniles may save enough
medication to attempt suicide.

In some small facilities with limited nursing
personnel, medication is delivered daily to the
living units, where it is kept in a locked
container until it is the appropriate time for
youth to take the medication by themselves. This
system avoids the problem of careworker staff being
required to dispense medication. As with all other
medical problems, any unusual side effects are
referred to the physician. 

Infirmary Care

Not all institutions can support an infirmary.
Small facilities may house mildly sick youth in
their regular living units, with regular visits by
a nurse or physician during the day. In this
situation, seriously ill patients will be moved to
a hospital that has made advanced arrangements with
the facility. Large institutions are more likely to
have 24-hour nursing coverage, which allows the
operation of a formal infirmary. 

The severity of illnesses will range from mild
(would keep a child home from school) to serious
(would require hospitalization). The decision to
transfer a patient to a hospital will depend on the
degree of illness, the level of care available, and
the potential for rapid change in the patient's
condition. A physician should make this medical
judgment. 

Typical conditions housed in an infirmary include
fevers, communicable diseases, diagnostic problems,
post-operative patients, serious infections that
require regular antibiotics, kidney failures, and
patients who cannot walk because of injuries or leg
casts. Psychiatric patients are sometimes housed in
the infirmary. This practice allows the medical
physician as well as the mental health practitioner
to have daily contact with mentally ill patients.
This system is a good idea because these patients
might develop side effects from their medication or
become ill for other medical reasons. The infirmary
can also be used to collect specimens, such as
early morning blood, urine, or stool specimens,
which might be difficult to obtain in other living
units. 

Infirmary rooms should contain a bed, a desk, and a
seat as well as a toilet and a sink. The latter is
needed because sick patients may have an immediate
need for a toilet. Some rooms may be equipped with
a camera for monitoring potentially injurious
patients.

Cardiopulmonary Resuscitation (CPR)

During cardiac arrest, the heart stops and blood
flow to the brain ceases, leading to brain death
within 5 or 6 minutes. In adults, the most common
cause of cardiac arrest is a heart attack, in which
blood flow to the heart is interrupted by clogging
of the blood vessels that lead to the heart. In
adolescents and young adults, cardiac arrest is
more often due to diseases that interrupt the
normal electrical flow through the heart. These are
very rare events, but youth workers who deal with a
large number of individuals may eventually witness
a cardiac arrest. Unfortunately, many juveniles who
experience cardiac arrest never have warning
symptoms or problems that allow intervention before
the fatal event. 

Rescuers performing CPR can maintain some blood
flow to the brain until the heart can be restarted.
The technique involves using chest compressions to
force blood from the heart, while adding oxygen to
the blood by breathing directly into the victim's
mouth and forcing air into the lungs. Regular
training programs in institutions teach CPR to new
staff and update personnel every few years. CPR
must be learned by demonstration and practice; it
cannot be learned by reading a publication.

Medical Services in Locked or Disciplinary Units

Juveniles held in seclusion may not be able to
attend sick call. Arrangements must be made for
these detainees to be visited by a nurse or
physician daily. If the medical staff believe the
patient should be brought to the infirmary or
medical treatment area, the patient can be moved
with appropriate restraints. Patients who
repeatedly are confined to disciplinary units may
be at high risk for self-destructive behavior. They
should be considered for referral to receive a
mental health evaluation.

Financial Issues in Detention Medical Care

Several approaches can be used to stretch the
budgets of juvenile detention centers. Some
patients will have private insurance or health
maintenance organization (HMO) coverage, which the
child can use for medical care. The probation
department or judges may allow some juveniles to
leave the facility to receive medical care from
their usual provider. This situation has the added
advantage of allowing the patient to receive care
from his or her physician, and it is especially
helpful in complicated cases. 

Although incarcerated juveniles are currently not
permitted to use the Federal Medicaid program,
juveniles sentenced to nonpenal placements or
adjudicated to go into placements are eligible in
some States. In these cases, the facility may be
able to bill the State for some medical care
charges, especially for care rendered outside the
facility.

When a patient faces severe illness and a prolonged
hospital stay, the medical authorities may persuade
the judicial authorities to release the juvenile
until the treatment is completed, allowing the
institution to avoid the cost of hospitalization.
Some States also have programs to compensate
medical care providers for doing health maintenance
examinations at certain intervals. Detention
facilities may be able to use these programs to be
reimbursed for the cost of their initial intake
medical evaluations.

Quality Improvement

The health care team should have a written plan to
conduct ongoing continuous quality improvement. The
results of this effort should be documented and
reported to the appropriate reviewing agency for
the institution's medical care section.

Dental Care

Many juveniles enter detention with unmet dental
needs. There are many reasons for this, including a
lack of money or parental supervision as well as a
poor understanding of the importance of regular
dental care. Also, fear plays a powerful role in
causing some individuals to defer dental care. It
is important to use the controlled time of
incarceration to gain new experiences, including an
appropriate understanding of dental care. Youth
workers can listen to the adolescent's concerns and
provide guidance and information based on those
concerns. Do not tease a youth about dental
procedures because teasing will create anxiety.
Once created, these irrational fears are very
difficult to allay.

Adolescents may have many dental problems, such as
gum disease and dental caries (decay), that result
from poor flossing and brushing. Although these
problems may threaten the integrity of the tooth,
they may not be painful, and the juvenile may wish
to ignore them. Eventually, the smaller problems
will progress into large cavities or dental
abscesses, which are painful and require emergency
dental care. For some dental problems, such as an
abscess, a physician can prescribe antibiotics as
an interim measure to relieve pain until the
dentist can provide definitive care.

Impacted wisdom teeth commonly affect adolescents
between the ages of 16 and 20. The person may have
pain in the back of the jaw, pain while chewing,
loose flaps of skin that trap food, or a headache
or an earache. Because impacted teeth are so
common, large institutions often have an oral
surgeon on staff to deal with them.

Oral surgeons can also reduce and stabilize broken
jaws, suture facial lacerations, and remove growths
from the mouth. The number of trips outside the
institution can be reduced substantially by having
the services of an oral surgeon onsite. The surgeon
will require some specialized equipment, such as an
x-ray machine (called a Panorex), which takes
pictures of the entire jaw. An additional advantage
of an inhouse oral surgeon is the familiarity with
detained juveniles. Outside practitioners may lack
the patience and empathy needed to work
successfully with this special population--which
leads to fruitless trips outside the institution,
with the juvenile refusing service because of fear
or misunderstanding.

Minor Surgical Problems

Many juveniles will develop problems that require
surgical procedures, which, if anticipated, can
reduce the need for outside consultation. Suturing
wounds, removing foreign bodies (including
bullets), and performing surgery on ingrown
toenails are all techniques that the physician
practicing detention medicine can use. More
complicated procedures, such as tattoo removal and
dermatological surgery, are often needed, and the
procedures to obtain these services should be
determined in advance.

Health Risk Behaviors by Incarcerated Juveniles

It would be expected that incarcerated juveniles
might engage in behaviors that would place them at
increased risk for injury and disease acquisition.
NCCHC recently completed a survey of incarcerated
youth's health risk behaviors in 39 juvenile
detention facilities throughout the United States
(Morris, Harrison, Marquis, and Watts, 1994). 

Most participants, both males and females, reported
drinking alcohol and smoking cigarettes. More than
50 percent began these activities before the age of
12. The earlier the age of onset for drinking, the
more days of drinking and the greater the amount of
binge drinking (drinking five or more drinks at a
single sitting). Marijuana was used by all racial
groups, with Asians reporting the lowest use at 30
percent. Cocaine was used by 35 percent or more of
all racial groups, except for African Americans,
whose rates of use were nearly 15 percent. Girls
reported more drug use and began using cocaine at
an earlier age. 

During the 12 months preceding incarceration,
nearly 70 percent of both boys and girls reported
being in at least one fight, and 25 percent
required medical care for injuries sustained during
the fight. Weapons use was common, and age was not
related to the frequency of fighting or using
weapons. However, younger juveniles were more
likely to be injured. 

Gang involvement was claimed by 46 percent of the
juveniles for both boys and girls. Most gang
members joined by the age of 15. Compared with
nonmembers, gang members began sexual activity
earlier, had more partners, used less
contraception, and had a greater rate of sexually
transmissible infection. The rate of fathering a
child or becoming pregnant also was higher for gang
members. 

Suicidal thoughts and actions were common, with
girls reporting twice the rate of boys. For
example, 40 percent of the girls considered
suicide, 35 percent attempted, and 20 percent were
injured during an attempt within the past year.
Suicide ideation and attempts were related to young
age (under the age of 13), white race, mixed race,
use of drugs (especially intravenous drugs), and a
history of sexual abuse. Gang members were more
likely to attempt suicide and to be injured. Drug
use also increased the incidence of all suicidal
thoughts and actions.

Sexual intercourse was reported by 87 percent of
girls and 94 percent of boys. Sexually
transmissible infections were related to female
gender, black race, a high number of sexual
partners, a history of sexual abuse, previous
pregnancy, alcohol use, and intravenous drug use.
Pregnancy was related to the same factors as well
as gang membership. Those youth who reported using
birth control pills had a slightly higher rate of
pregnancy, while using a condom decreased the
pregnancy rate. A forced sexual event (sexual
abuse) was reported by 15.5 percent of the group
(11.2 percent of males and 45.6 percent of
females).

Sexually Transmissible Diseases

Juveniles, especially risk-taking juveniles,
frequently engage in sexual activities, and as a
consequence, they have high rates of sexually
transmissible diseases. In major cities, 15 percent
of males and 45 percent of females entering
detention will have at least one sexually
transmissible disease. Most of these infections can
be detected by testing the urine of males and by
performing a pelvic examination on females. 

Lead Poisoning Secondary to Retained Lead Bullets

Bullets remaining in the body after gunshot wounds
may cause elevated blood-lead levels either
immediately after wounding or years later. Multiple
fragments, especially when embedded in a joint or
incorporated in a bone callus, are most likely to
cause lead poisoning. Lead poisoning can cause
headaches, abdominal pains, memory problems,
anemia, infertility, and in severe cases death.
Stressful events--such as surgery, severe illness,
hyperthyroidism, or increased metabolic rates--can
precipitate sudden, life-threatening blood-lead
elevations. When blood-lead levels are elevated,
chelating agents (chemicals that help the body
excrete lead) should be used before surgery is
performed in order to avoid serious lead toxicity.

Common Infections and Problems

The adolescent years have a high rate of infectious
diseases, many of which require the isolation of
the patient until the infection is treated or
naturally resolves. Chicken pox, herpes zoster (a
recurrence of chicken pox), and impetigo will
usually be isolated.

Sports Injuries

The daily sports activities of adolescents cause a
variety of injuries to bones, muscles, and other
organs. Level playing fields, careful supervision,
and appropriate exclusion of injured individuals
can reduce the number of serious injuries suffered
during recreation periods. Youth who become injured
should be evaluated by a physician before they are
permitted to play again. 

Other Chronic Diseases(1)

Detainees with known chronic illnesses present a
management dilemma to medical staff as well as
probation officers and other personnel. In addition
to providing for the serious medical needs of these
individuals, staff must occasionally deal with
youth who may exaggerate their difficulties or fake
new symptoms for nonmedical reasons, special
privileges, individual attention, or excuses from
physical activity. The person rarely will wish to
cause disruption. 

On the other hand, youth with legitimate chronic
illnesses are also likely to experience significant
symptoms, which may result from complications of
the basic illness or the development of new
diseases. The problem distinguishing a real illness
from faked or exaggerated complaints can be
difficult even for a physician, especially for a
juvenile detention careworker. Although some
judgment must be exercised, the careworker should
always make a medical referral if there is any
reasonable doubt about the youth's need for medical
care. Even a known malingerer may develop a real
disease. Juvenile careworkers must avoid premature
judgments influenced by a youth's previously
deceptive behavior.

Asthma. These individuals are subject to sudden
periodic episodes when the small air passages
(bronchial tubes) inside their lungs narrow and
impede the inhaling and exhaling of air. This
shrinkage reduces the level of oxygen entering the
body. Some incidents are mild and respond readily
to inhaled medication. These inhalers should be
under the control of medical personnel or juvenile
careworker staff. Occasionally, inhalers do not
work, and more serious airway obstruction can
occur. Therefore, an asthmatic appearing to have
difficulty breathing should be referred to early
medical care.

Juveniles are also subject to hyperventilation
spells, which can be confused with asthma. During
an attack, the youth first experiences the
sensation of a tightened chest and the inability to
catch his or her breath. This results in very rapid
breathing, which causes tingling of the hands and
feet, as well as lightheadedness. These unpleasant
sensations cause the patient to panic and breath
faster and faster. Most spells stop after a few
minutes, but occasionally, the juvenile may pass
out, at which time the breathing returns to normal
and the youth regains consciousness. These attacks
can be triggered by stress, a fearful event or
memory, or a spontaneous unidentifiable cause. Once
a hyperventilation spell is recognized, it can be
managed by explaining that spells are self-limited
and not dangerous.

Malingering and Chronic Complaining. Patients who
feign illness to arouse sympathy or manipulate are
defined as malingering. Incarcerated youth rarely
malinger, but when they do, there is often a reason
for the behavior. Careful, sympathetic interviewing
of the malingering patient usually reveals the
reason for the behavior. Minors may malinger
because they are afraid of bodily injury in the
regular living unit. They may misunderstand court
proceedings, placement orders, or other judicial
events. They may wish to be with a friend and try
to manipulate a change of location to join the
friend.

Also, malingering may be misdiagnosed for some
persons suffering from psychosomatic illnesses
brought on by stress. Many juvenile offenders
experience significant stress in the form of school
failure, parental neglect, or loss of a family
member or friend. Although there may not be a
diagnosable physical illness in these patients,
they are still suffering from real pain and
discomfort.

Chronic complaining can also be a symptom of
depression or an impending suicide attempt. Despite
its unpleasant nature, chronic complaining should
be taken seriously as a symptom deserving further
evaluation.

Hidden Medical Problems That Can Cause Behavioral
Problems

Occasionally, an adolescent may have a physical
problem that manifests itself through behavioral
abnormalities. The following medical problems can
lead to abnormal behaviors:

o Hearing problems caused by holes in the ear drum
or other damage to the ear may result in loud
talking or failure to follow verbal directions.

o Poor vision can lead to failure to follow visual
directions or poor school performance.

o Attention deficit disorder and hyperactivity are
manifested by an inability to sit still or
concentrate on one task for more than a few
minutes.

o Petit mal epilepsy appears as daydreaming or
failure to pay attention.

o Enuresis (bed wetting) may be caused by bladder
infections or may run in families.

o Stool withholding and the resulting leakage of
bowel movements (encopresis) may be due to severe
stress or sexual abuse during the life of the
adolescent.

o Poor coordination can be caused by birth trauma,
which affects portions of the brain. This
particular deficit may not be treatable, but once
understood, the youth can be better counseled as to
what he or she can expect to accomplish.

o Some genetic disorders, such as Klinefelter's
syndrome, result in behavioral problems. Many of
these disorders are detectable during a complete
physical examination.

Although all the previously mentioned problems are
individually quite rare, when the sum of all the
problems is added, the total is quite large. A
youth who seems different or unusual may benefit
from a medical evaluation to determine if there is
a treatable medical condition.

Special Needs of Incarcerated Females

Females usually make up a small proportion of the
incarcerated population in juvenile facilities, and
therefore, their special medical needs may be
overlooked by both careworkers and medical staff.
Reproductive problems--such as painful menstrual
periods, irregular periods, or excessive menstrual
blood loss--require appropriate diagnosis and
management. 

The dispensing of oral contraceptives during
detention allows initiating them in a controlled
environment where problems can be addressed as they
arise, preventing the juvenile from not using the
pill for inappropriate reasons. If side effects
develop, the practitioner can change the oral
contraceptive to a dosage less likely to cause the
problem. Young women who have successfully started
using oral contraceptives are more likely to
continue taking them over a prolonged period. 

Some incarcerated females are pregnant when they
enter detention and must decide what they would
like the outcome of their pregnancy to be. Laws
regarding a minor's access to abortion vary from
State to State. Advance planning and agreement
between the custody and medical staff regarding
abortions can prevent conflicts when a pregnant
female arrives. When protocols are in place, it is
less likely that a change in personnel at the
institution will lead to a change in established
procedures. For girls wishing to complete their
pregnancy, prenatal care and delivery services must
be provided. Most institutions will contract these
services to a community agency. Plans for the baby
must also be made before the child is born. 

Incarceration of mothers also results in problems
for the young mother and her baby. Concern about
her child's welfare should be expected and
supported. Saying that the mother should have
considered the outcome of her actions before
committing the crime is not helpful in this
situation and only increases suffering. Medical
staff can check on the child's welfare and report
back to the mother. Planning for the future care
needs of the child can make incarceration useful
for the mother by increasing her parenting skills. 

Some institutions have established visiting days
for children and have set up special organizations
to support incarcerated mothers and their children.
The children of incarcerated mothers bear a burden
not of their own doing. Any safe intervention that
medical or careworker staff can devise to lessen
the suffering of these children should be
attempted.

Eating disorders affect primarily women and tend to
begin in the adolescent years. The causes of
anorexia and bulimia are not known, and their
treatment is long and difficult. Anorexia causes
the patient intense fear of becoming obese, which
is dealt with by severely restricting food intake.
The anorectic sees herself as being fat even when
very emaciated. The bulimia patient, in an attempt
to prevent weight gain, restricts food intake but
eventually is overcome with a desire for food and
binges. After eating large quantities of food, the
patient has feelings of remorse and vomits to
remove the food from the stomach. 

The behavioral symptoms of these disorders appear
to be under voluntary control by the casual
observer, and this apparent control may lead to
inappropriate punitive measures or may cause
conflicts among staff members who may disagree
about how to treat the patient. The management of
eating disorders is a challenge to medical care
providers in the best of circumstances. In
detention facilities, the staff can become
overwhelmed by the complexities and their own
reactions to the patient. Planning in advance by
the medical, psychological, and careworker staff
allows the development of protocols to guide the
management of these patients. Small facilities
could seek the advice of experts at the nearest
medical school or other large medical facility
before a crisis develops. Experts can also be asked
to review protocols for appropriateness and
accuracy. If conflicts develop between the medical
needs and custody concerns, a compromise can
usually be advised. 

Lifetime suicide ideation, attempts, and injuries
are twice as prevalent among incarcerated girls
than among boys. When comparing incarcerated girls
to high school girls, NCCHC found that 35 percent
of incarcerated girls had attempted suicide
compared with 11 percent of high school girls. The
injury rate was 20 percent for incarcerated girls
and 2 percent for high school girls. Drug use of
all types increases the risk of suicide thoughts
and attempts. Cocaine, crack, and intravenous drugs
markedly increase the rates. Although incarcerated
girls have comparable alcohol drinking rates, they
have higher rates of cocaine use and use more of
the drug. Twice as many incarcerated girls use
intravenous drugs than do boys. Sexual abuse also
doubles the chance that an incarcerated juvenile
would report suicidal behaviors. Clearly,
incarcerated girls are at greater risk for a number
of psychological problems and require careful
evaluation for appropriate mental health
interventions. 

Human Immunodeficiency Virus (HIV) and Acquired
Immune Deficiency Syndrome (AIDS)

Infection with the virus (HIV) eventually leads to
the development of AIDS, an incurable, fatal
disease that affects the body's ability to fight
off cancers and infections. At the time of initial
infection (the primary infection), the person may
become sick with a flulike illness that lasts
several days or weeks. However, many persons do not
become sick during the primary infection. The virus
first attacks a specific blood cell called a helper
T-cell (CD-4). During this first stage, the virus
reproduces rapidly in the body, and the infected
person is believed to be more likely to pass the
infection on to others. 

Once the primary infection passes, a relatively
quiet phase begins, which may last several years.
During this time, the person does not feel or look
sick and may be unaware of the infection. The
person still can transmit the infection, but at a
lower rate than during the primary infection.
During these years, the number of helper T-cells
gradually falls until there are too few to fight
off diseases. At first, the patient develops youth
infections, such as yeast infections in the mouth
or a recurrence of chicken pox (called herpes
zoster). At lower levels of CD-4 cells, more
serious life-threatening infections or cancers will
develop. Physicians measure the number of CD-4
cells, which provides an estimate of disease
progression.

In normal individuals, the number of CD-4 cells
ranges between 400 and 1,500 (usually above 800).
When the HIV patient's CD-4 cells fall to 500, most
authorities suggest beginning the antiretroviral
drug zidovudine (once called AZT, now called ZVD),
which slows the progression of the illness. 

The actual diagnosis of AIDS is made when the
patient develops a serious opportunistic infection,
such as pneumocystis carinii pneumonia, or when the
number of CD-4 cells falls below 200. At the level
of 200 to 300 CD-4 cells, additional drugs are
usually added to help prevent the occurrence of
opportunistic infections. Even with low levels of
helper T-cells, the patient can remain well and
productive if infections can be avoided.

The virus eventually becomes resistant to ZVD,
which means the drug is no longer able to slow the
rate of progression. Recently, several drugs--
didanosine (ddI) and zalcitabine (ddC)--were
marketed and can be used alone or in combination
with ZVD. These drugs work well for some persons,
but for others, the disease continues to weaken the
immune system. When patients reach a level of
helper T-cells less than 50, they are usually quite
frail and require significant medical care.
However, a few people remain well even at these low
levels. The rate of HIV progression varies from
person to person, but the average interval from
initial infection to the diagnosis of AIDS is 10
years or more.

HIV Diagnosis

Because the disease is silent (asymptomatic) for
years, alternative methods of diagnosis became
necessary. A blood test that measures the body's
reaction to HIV can detect the infection in a
person about 1.5 to 3 months after the primary
infection. A simple, quick screening test (called
an ELISA) is done first, and if that is positive, a
more expensive and complicated test (called a
Western Blot) will be performed to confirm that the
infection is actually present.

Despite the double testing, all medical tests have
some false results. When many individuals at low
risk for HIV infection are tested, inevitably a few
will have tests that are falsely positive.
Therefore, all positive tests should be repeated
before concluding that a person is HIV positive. In
some cases, additional tests, such as measuring CD-
4 cells, will also be performed to be sure that HIV
is truly the cause of a positive test. 

How HIV Is Transmitted

Most cases of HIV occur in homosexual or bisexual
men, intravenous drug users, or their sexual
partners. Additional cases are found in
hemophiliacs and persons who received infected
blood or blood products during transfusions before
testing for the virus began in 1985. HIV-positive
mothers also have about a 30 percent risk of
passing on the infection to their babies. Use of
ZVD during pregnancy has cut the infection rate for
babies to about 7 percent. 

As the virus spreads into the heterosexual
population through intravenous drug users and their
partners, more and more infections will result from
heterosexual contacts. Adolescents have high rates
of sexually transmissible diseases and are at risk
for contracting the virus.

Transmission cannot take place through casual
contact, such as shaking hands or sharing toilets
and living spaces. The skin protects us from
penetration of both viruses and bacteria. 

HIV is found primarily in blood, semen, vaginal
secretions, and breast milk. Although it has been
detected in very small quantities in other fluids,
the virus in these fluids appears to be incapable
of causing infection. The virus is difficult to
transmit, and special conditions are required for
transmission to take place. There must be blood to
blood contact, as happens in needle sharing, or
sexual fluids must contact blood, as happens in
some sexual practices such as anal intercourse or
to a lesser degree vaginal intercourse. During
vaginal intercourse, male to female transmission
occurs more frequently than female to male. It is
estimated that the risk of transmission to an
uninfected female from an infected male during a
single episode of unprotected intercourse is 1
infection per 1,000 episodes of vaginal
intercourse. 

Transmission does not happen:

o During casual contact with infected individuals.

o Through the air.

o During contact with nonliving objects (i.e.,
books or eating utensils).

o Through mosquito bites or other insect contacts.

o Between health care personnel and patients, even
when contact is prolonged. (Even under extreme
circumstances, such as an HIV-contaminated needle
stick, the risk of transmission is only 1 chance in
260, and splashes of contaminated blood hitting the
eye or large open wounds have rarely resulted in
transmission.)

o During deep kissing, human bites, or external
contact with body fluids, such as spitting or
urinating on intact skin.

Objects that potentially could have blood on them,
such as razors or toothbrushes, should not be
shared because of the transmission risk for many
diseases, including HIV.

Prevention of Infection

After 12 years of experience, it still appears that
those at risk for infection are individuals who
engage in unsafe sexual practices, especially with
persons belonging to high-risk groups (i.e.,
homosexuals, bisexuals, or intravenous drug users).
Preventing these risk behaviors will reasonably
control the transmission of the virus. Although the
juvenile careworker does not usually engage in any
of these behaviors with the wards, he or she will
want to minimize exposure to bodily fluids from
accidents and fights, even if such exposures are
unlikely to result in transmission. Because most
individuals with HIV are asymptomatic and cannot be
readily identified, all blood spills should be
considered infectious, not only for HIV but also
other diseases. Using gloves and proper
disinfection will adequately protect personnel and
juveniles.

The most useful weapon to prevent HIV infection in
institutions is the education of all staff and
detainees, not only so-called high-risk persons.
Discussions of the cause and prevention of
transmission--such as using safer sexual practices,
limiting the number of partners, and avoiding
contaminated needles during intravenous drug use--
must be repeated many times. To allay unfounded
fears, everyone should also be educated about what
does not lead to transmission. Because
institutional regulations usually prohibit sexual
relations or drug use, normal supervision and
security practices will curtail unsafe practices
within the facilities. 

Detection of HIV-Positive Minors

Diagnosing HIV-positive juveniles is important so
that treatment can begin early in the disease
process, when it will be most beneficial. Laws
regarding the testing of juveniles (adolescents or
youth) vary by location, but nearly every State
allows youth to consent to HIV testing. The
linchpin of successful HIV detection is trust of
the medical and detention staff by the juveniles.
Juveniles are more likely to agree to voluntary
testing when they feel secure and do not fear
unwarranted reprisals or discrimination if they
test positive. 

Appropriate pre- and post-test counseling must
accompany any HIV testing program. If local
regulations require disclosure of a detainee's HIV-
positive status to nonmedical personnel, the
juvenile should be so informed before testing.
Staff who might be informed of the test results
should be fully educated regarding confidentiality
and the legal penalties for breach of
confidentiality. Other institutional regulations
regarding HIV-infected detainees must also be
disclosed. Even though unfavorable events will
happen if persons test positive, most youth will
consent to testing if they understand the reasons
and benefits of knowing their HIV status. Some
youth may resist for a time, but with continued
counseling without coercion, nearly every juvenile
will eventually agree to be tested.

Although some institutions have elected to isolate
all HIV-positive detainees in one location, most
have not. It may be useful to place a newly
diagnosed youth in the infirmary for a short time
so that the patient's initial reaction to the
infection can be managed. Infirmary care allows
daily contact with the medical staff so questions
can be answered and maximum support provided. Once
the juvenile and staff believe it is appropriate,
the youth can return to a regular living unit. If
the youth's behavior is erratic or dangerous to
others, then continued infirmary care or other
reasonable isolation procedures may be necessary.
Because HIV-infected individuals can evoke a
variety of unpleasant reactions from other persons
who come into contact with them, supervisory
personnel must carefully guard against unwarranted
punitive reactions toward HIV patients by the
careworker staff. 

All persons interacting with HIV-positive
individuals should strive to be as supportive,
understanding, reassuring, and responsive as
possible. Special counseling programs and
individual treatment often work to prevent needless
suffering and undesirable behavioral reactions. For
example, in some cases, juveniles who are sick may
be granted early release. However, in other cases,
inadvertent disclosure of a detainee's HIV status
may result in a longer confinement or other
punitive measures. 

Danger to Staff

Transmission of HIV from youth to careworker staff
is so unlikely that it is virtually nonexistent in
usual circumstances. However, universal precautions
call for bodily fluids, especially the blood of all
persons, to be regarded as potentially infectious.
Adhering to the rule protects everyone from
infection by known and, more importantly, unknown
sources of infection. Staff members can continue to
have normal contact and provide normal services to
all those under their care. If there is a blood
spill, employees should carefully follow the
institution's policy for containing the spill and
should initiate proper cleanup procedures.

Philosophy Regarding Care for HIV Patients

Working with any seriously ill person can be both
challenging and rewarding. The HIV-positive person
faces many challenges to both emotional and
physical health. It is impossible to discuss all
situations in this chapter. When questions arise,
unit staff should consult their supervisors as well
as the medical staff for guidance. Coordination
between correctional and medical staff often solves
very complicated problems.

Common and Noteworthy Diseases

Epilepsy

The brain is a collection of nerve cells that
operate using very mild controlled electrical
currents. Epilepsy results from uncontrolled
electrical waves that begin in one area of the
brain and spread to adjacent areas. Anyone may have
a seizure under extreme circumstances, but
epileptics have a lower threshold than normal
people and will have seizures more easily. Seizures
(spells) can be provoked by fever, illness, sleep
deprivation, or emotionally upsetting events.
However, most seizures are not preceded by any
causal event. 

During a seizure, the patient may exhibit any of
the following signs: convulsions, sometimes
referred to as fits or spells; impairment of motor
control (falling); loss of consciousness; and
psychological or behavioral difficulties. Seizures
are divided into three main types: grand mal, petit
mal, and psychomotor episodes.

During grand mal seizures, people lose
consciousness and have violent movements. After
blacking out, they become stiff and barely breath.
Severe twitching of the muscles and shaking of the
body follow. Breathing can be temporarily
restricted, causing the person to turn blue for a
few seconds. There can also be frothing at the
mouth. Sometimes, there is loss of bladder or bowel
control during the course of an attack. The eyes
may stare straight ahead, roll upward, or look to
the right or left. Medical personnel who arrive
after a seizure has ended may want to know which of
the events listed above occurred during the
seizure. This information can be useful in
diagnosis, especially if this is the youth's first
seizure. 

Some epileptics experience a warning feeling
(called an aura), which allows them to protect
themselves before the attack begins by lying down.
However, most do not receive any warning, and they
will fall down at the beginning of an attack. Some
epileptics involuntarily emit a cry before their
attack begins. Grand mal seizures are usually
followed by a period of confusion and lethargy.

A petit mal seizure causes brief losses of
consciousness that last from a few seconds to half
a minute. Because the person does not lose muscle
strength, he or she does not fall down. These
individuals may appear to be daydreaming or not
paying attention. Rarely, a person may experience
petit mal status, which means he or she has
continuous short seizures and appears dazed or
incoherent. The patient is unconscious and unaware
of what is happening during the seizure. At the
end, the patient returns to his or her normal state
and is unaware that the seizure happened. An
individual can become injured during these seizures
because of inattention.

During a psychomotor seizure, the epileptic has no
convulsion but experiences reduced consciousness
and loss of memory. The patient retains the ability
to act but only in a purposeless fashion, often
speaking nonsense, making chewing movements with
his or her mouth, or engaging in bizarre or
threatening behavior. The psychomotor seizure is
much less common than the grand and petit mal
types.

Recommended Staff Response to a Seizure. The
emergency treatment of an epileptic convulsion
first involves realizing that it must run its
course; there is nothing one can do to stop it.
Because the seizure is often dramatic, staff and
other juveniles may react inappropriately to the
epileptic both during and after the seizure. A calm
mind can often prevent overreaction and give others
appropriate information after the seizure
terminates.

During a major attack, the person will thrash about
violently. A pillow or other substitute such as a
coat may be placed under the person's head to
prevent bruising of the face and scalp. Remove
nearby objects that might injure the person.

If the person appears to be choking, the tongue may
have fallen into the back of the mouth, obstructing
the airway. Rolling the patient onto his or her
side allows the tongue to drop forward and clear
the airway. Never place an object into the mouth or
put your fingers between the teeth of a seizing
patient. These maneuvers can result in broken teeth
and bitten fingers.

If the patient vomits, wipe the vomit from the
cheeks and keep the patient on his or her side so
that gravity will facilitate drainage of the vomit.
Tight clothing such as a belt or closely fitting
collar should be loosened. After the thrashing
stops, let the person rest or sleep and recover.
Persons who have recently had a seizure should not
engage in hazardous activities. 

Treatment. The long-term medical control of
epilepsy involves a physician prescribing
antiseizure medications. Once these drugs are
prescribed, it is important for the patient to take
them because sudden discontinuation of antiseizure
drugs can cause a severe, long-lasting convulsion.
In fact, many seizures in previously controlled
epileptics are due to a failure to take the
prescribed medication. Some epileptics resist
taking their medication because of side effects,
such as drowsiness.

For these reasons, administration of medication
should be closely supervised, ideally by a trained
medical staff member. Liquid medication when
available also helps ensure compliance. Educating
youth about the reasons for their medication and
about the transient nature of drug side effects
will help to reduce refusal to take medication. 

Diabetes

To use the foods that we eat, the human body
requires certain chemicals, which it produces.
Insulin, produced by the pancreas, is a hormone
that helps the body use sugars properly. A diabetic
produces too little or no insulin. When there is an
imbalance between insulin and sugar, the body
cannot use sugar as a fuel, and the person becomes
ill.

There are basically two types of diabetics. Most
children and adolescents have type I diabetes, and
their bodies produce no insulin. These persons
require insulin replacement by injection two or
more times per day. The amount of sugar in the
blood is usually measured by finger stick blood
tests three or four times every day to determine
how much insulin is needed. Adults usually have
type II diabetes, and their bodies produce some
insulin, but not enough to meet all needs. These
patients can be managed with a drug that increases
their pancreas' supply of insulin.

If the patient is overweight, then weight loss will
decrease the amount of sugar the person must
process. In both types of diabetes, careful
attention must be paid to maintaining a diet that
balances the proper proportions of sugar, protein,
and fat. With proper attention, healthy diabetics
can live and work in the same way as nondiabetics. 

Adolescence is a difficult time for diabetics
because of the restrictions they must endure. Self-
image also suffers because the juvenile must face
the lifelong implications of a chronic illness--
which can lead to oppositional behavior, including
refusing to take insulin or cheating on the diet.
Almost all juveniles do this occasionally, but
delinquent youth are more likely to continuously
threaten noncompliance. Patience of the staff is
required during these times. Avoid threatening or
blaming the patient. Although obesity is a factor
in adult diabetes, it is not usually a factor in
juveniles unless the youth is eating too much and
gaining too much weight. Excess sugar does not
cause diabetes, and we should avoid reinforcing
this popular misconception, especially because it
causes unwarranted guilt.

During discussions with the diabetic juvenile,
allow the youth to express his or her concerns
regarding the disease and its treatment. After
learning what the youth thinks and believes, the
counselor can effectively guide the patient toward
voluntary compliance. Occasionally, a psychiatric
referral is needed when the diabetic is very
depressed and may be using opposition as a method
to control others or to commit suicide.

Diabetes-Related Problems. A diabetic coma involves
very high blood-sugar levels and dehydration, which
usually result from insulin withdrawal, infection,
or improper diet. An insulin reaction (insulin
shock) appears rapidly, is much more common than a
diabetic coma, and is due to a dose of insulin that
exceeds the body's needs under the circumstances.
If a diabetic coma is suspected, immediate medical
attention is mandatory; without treatment, a
diabetic coma can result in death or permanent,
serious brain injury. 

Fortunately, most diabetics are familiar with their
condition and are concerned about managing their
lives in a way that will not aggravate the
condition. In addition, most diabetic-related
reactions are mild. Every diabetic who takes
insulin should have some form of sugar available at
all times, in the event of an insulin reaction. In
juvenile facilities, this sugar supply may be kept
in the living unit and school. A diabetic
requesting sugar because of a reaction should
always be given immediate access to juice or candy.
(Diet soft drinks do not contain sugar.)

When an adverse insulin reaction is too rapid for
the diabetic to help himself or herself, sugar in
some form should be given immediately if the
patient is still conscious. Because insulin
reactions can also cause the diabetic to act silly
or strange, personnel dealing with diabetics should
recognize unusual behavior as a possible insulin
reaction and give sugar. If the condition is not
corrected promptly, the diabetic may lose
consciousness entirely.

If a diabetic becomes unconscious for any reason,
call for medical assistance immediately. A coma can
be a serious or fatal threat to the life of a
diabetic if medical attention is not given
immediately. A diabetic's dose of daily insulin may
vary over time and requires a physician to adjust
the dose in response to the diabetic's previous
blood-sugar levels. 

As a part of the diabetic's regular medical
treatment program, food intake should be kept
relatively constant from day to day. Some diabetics
may receive a late meal in the form of a bedtime
snack to keep their food intake more constant
throughout the day. (Most diabetics receive three
meals and two snacks per day.)

Tuberculosis (TB)

Tuberculosis was once thought to be in decline and
under control in the United States. However, during
the past decade, the number of cases of active TB
has increased, especially in the detained adult
population and among people with HIV infection. For
these reasons, institutions dealing with detained
juveniles must screen all new arrivals with a skin
test to detect TB infection. Prompt identification
of persons with both active (contagious) and
inactive (noncontagious) diseases allows
appropriate treatment and prevents potential
epidemics within the institution.

The large majority of patients will have inactive
disease and pose no risk of infecting others. Staff
within institutions may become confused about
patients with inactive TB and incorrectly believe
that the patient could be infectious. Appropriate
training of staff can help avoid this problem. 

When patients are found to have active TB, they
require isolation until they have received
sufficient treatment to be rendered noninfectious.
Ideally, the patient should be housed in a special
room with negative pressure ventilation, which
exhausts air outside the building and causes air to
flow into the room whenever the door is opened.
This ventilation prevents the infectious bacteria
from blowing into the corridor, where another
person might be exposed to the infection.

All staff and youth who came into contact with the
patient before diagnosis should be examined, and 2
months of prophylaxis with isoniazid should be
offered to all persons who have a negative skin
test for TB. Those with a positive test should be
treated as any other person who is found to have a
positive skin test. In small facilities that lack
extensive medical care, the local public health
department will provide guidance for treatment and
handle the case finding and management of exposed
individuals. 

Drug Abuse and Addiction

Many juvenile delinquents use legal and illegal
mind-altering drugs. They may experiment
occasionally or use continuously, inflicting
serious psychological and physical damage.
Addiction refers to continuing uncontrolled usage
despite serious adverse consequences. Some drugs
are physically addicting, resulting in physical
sickness or even death upon sudden withdrawal.
Other drugs cause psychological addiction,
resulting in severe mental distress during
withdrawal but no threat to the life of the person,
except for the possibility of suicide.

Physical addiction follows continuous use of some
drugs and results from a process in which the brain
undergoes chemical changes in response to usage. If
the drug is stopped, an imbalance results, which
can cause seizures or other adverse events.

Psychological addiction (habituation) comes from
the addict substituting and preferring the drug
euphoria much more than normal daily activities.
The person becomes dependent on the drug to the
exclusion of other activities. Eventually, some
addicts begin to experience unpleasant side effects
from the drug or become aware of how dependent they
are. At these times, the addict may successfully
enter treatment. Unfortunately, many addicts who
end up in prison are not yet motivated to quit and
make poor candidates for drug rehabilitation.
Nonetheless, detention does separate drug users
from their drugs, which is the first step in any
drug rehabilitation program. Detention and
corrections programs that take advantage of this
separation may successfully rehabilitate some
abusers.

Many drugs are abused, but the popularity of
different drugs varies by geographic location,
race, and year. Currently, crack cocaine leads the
list of abused drugs. However, marijuana and
alcohol are probably used more frequently.
Narcotics or depressants (barbiturates and diazepam
[Valium]) are less common but result in physical
withdrawal. Speed (amphetamines) and hallucinogens
(such as LSD and PCP) also are less common but are
gaining in popularity, especially in certain
groups.

Many users combine drugs and often mix them with
alcohol. Drug users often crave drugs and will
commit crimes in order to pay for the drugs.
Eventually, some of these people will be arrested
during the commission of a crime, and many will be
under the influence of a drug at the time of
arrest.

Symptoms of Drug Use

Physicians know that a juvenile who is acting crazy
is more likely being influenced by drugs than by
mental illness. Each drug produces unique
reactions. Cocaine causes a feeling of well-being
in a talkative, restless patient who will calm down
and become depressed a short time later.
Amphetamines cause a similar reaction, but their
effects last longer. Narcotics and barbiturates
cause slurred speech, staggering, lack of
coordination, or sleepiness, and overdoses result
in decreased breathing or death from profound
depression of body functions. PCP can cause a mild
dissociative reaction or severe agitation and
aggression. Likewise, LSD can result in pleasant
hallucinations one time and severe, uncomfortable
reactions the next time. Marijuana produces few
outwardly visible effects, except bloodshot eyes
and a tendency to relate strange thoughts. Cocaine
and amphetamines may cause dilated pupils. Some
narcotics cause pinpoint pupils, while others
dilate the eye.

Permanent marks occur in intravenous drug users who
scar their veins by repeatedly injecting caustic
materials. This mainlining of drugs results in
"tracks." Other addicts inject just under the skin
("skin popping"), which results in puncture wounds
and scars. Tattoos sometimes conceal old needle
scars.

Juveniles who arrive in detention and appear to be
under the influence of a drug should be evaluated
by medical personnel before admission. Drug
reactions can suddenly progress to life-threatening
events. Sometimes, drug dealers swallow their
products to avoid being apprehended with the drugs
in their possession. Several minutes or hours
later, the person will experience an overdose of
the drug. Unfortunately, the word of the newly
detained drug user cannot be trusted because of
fear and misunderstanding. Therefore, if there is
any suspicion of drug ingestion or intoxication,
the juvenile should be sent to a well-equipped
emergency department for monitoring.

If drug abuse while in detention is suspected, the
unit supervisor should be notified, and prearranged
procedures should begin. Youth under the influence
of some drugs such as PCP are very dangerous, and
care should be taken in approaching them. However,
these episodes are quite rare in juvenile
facilities. Also, many of the commonly administered
prescription drugs used by physicians to calm
belligerent patients cannot be used if drug abuse
is suspected because of the potentially fatal
interactions between the abused and the
prescription drug. Known drug users bear close
watching, especially during visiting hours, to
prevent the passing of drugs to the user. 

Treatment of Drug Withdrawal

Patients withdrawing from some drugs are
uncomfortable, while other drugs cause life-
threatening symptoms when they are stopped.
Withdrawal can be treated successfully over a
period of several days by a physician utilizing
nonnarcotic drugs that block the symptoms of
withdrawal. Medical care providers may find it
useful to devise specific protocols for the
treatment of drug withdrawal so that the approach
to withdrawal is standardized for all detainees.

It is important to refer patients suspected of
withdrawing to medical care. The misguided impulse
to let drug abusers suffer without treatment must
be resisted on both humanitarian and medical
grounds. Small institutions can refer their
withdrawing patients to outside health care
facilities or have consultation resources provide
advice. 

The Nature of Abused Drugs and Their Withdrawal

True narcotics can be divided into opium
derivatives that have strong sedative and addictive
potential and that cause intense physical craving
that results in severe physical symptoms if the
drug is not administered regularly. Synthetic
narcotics such as meperidine (Demoral) cause
addiction but have a more excitatory effect.
Codeine addiction occurs but is less intense.

Withdrawal of narcotics results in shivering,
"goose bumps," rapid heartbeat, muscle and bone
pain, intestinal cramping, and vomiting. These
symptoms begin approximately 6 hours after the last
dose and last for several days. Methadone
withdrawal starts later and lasts longer.

Depressants--such as barbiturates, diazepam
(Valium), and sleeping pills--affect the brain and
muscle control. Discontinuing the drug causes
various degrees of anxiety, insomnia, tremors,
delirium, convulsions, and potentially death in the
case of barbiturates.

The opposite of sedative drugs are stimulants
(amphetamines), such as Benzedrine, Dexedrine,
methamphetamine, preluden, Ritalin, and cocaine.
Users of these drugs are overexcited, irritable,
restless, and sometimes psychotic in appearance.
Withdrawal causes depression, apathy, and days of
sleeping or disorientation. Some of these patients
will be malnourished because the drugs depress
appetite, and the user does not eat.

Hallucinogens such as LSD and PCP cause
hallucinations and poor perception of time and
distance. PCP-induced violent or psychotic episodes
can require large numbers of staff or restraints to
control the individual. Complicating this
intoxication are serious and life-threatening
physical reactions, such as muscle damage and
kidney failure. Although withdrawal signs are
absent, hallucinogens do cause flashbacks during
which the person experiences the effect of the drug
long after it was taken (days or years).

All institution staff must be aware that a drug
overdose is potentially fatal. Any youth found in
an unconscious state or with an altered
consciousness must receive immediate medical
attention aimed at reversing the effects of the
drug. 

Alcohol Abuse

Alcohol is the preferred drug for most juveniles.
Many youth are regularly drinking five or more
drinks on a single occasion. Many delinquents
report getting drunk several times each week.

Violent crimes, including assaults and vehicular
manslaughter, are often committed while under the
influence. Alcohol can cause serious liver and
brain damage in adults, but these problems usually
take years to develop. Likewise, withdrawal
symptoms happen to adult drinkers. Of more concern
in juveniles is alcohol poisoning, which leads to
death due to respiratory paralysis.

Youth workers should inquire into the role that
alcohol played in the crimes of their probationers.
Appropriate referral for alcohol abuse treatment
must be made for successful rehabilitation of
delinquents. Although a youth worker at first may
be flattered by the attention of a dependent
person, the constant need for reassurance soon
wears thin, and the staff member begins to
experience resentment.

Endnotes

1 Adapted from R.E. Morris and C.J. Baker. 1992.
"Health Care for Juveniles in Correctional
Institutions." In Juvenile Careworker Resource
Guide. Laurel, MD: American Correctional
Association.

------------------------------

Chapter 10 The Need for Strong Programs in
Detention

Juvenile detention is one of the most important
elements of the juvenile justice system and one of
the most difficult. Daily operations can be
overwhelming, especially with the number of
overcrowded, understaffed, and inadequately funded
facilities. Despite the many common problems facing
juvenile detention across the Nation, most
detention facilities remain relatively isolated.
The ability to visit other programs or to share
ideas with colleagues is often seen as a luxury.
The beliefs that each detention center is unique
and that what works in one facility cannot work in
another frequently accompany this isolation. Under
these circumstances, the exchange of ideas and
program information is quite rare.

Renewal of Programming in Juvenile Detention

Juvenile detention is experiencing a renewed
emphasis on programming. Programs are linked to
improved conditions of confinement, reduced
problems in crowded facilities, improved resident
and staff safety, and increased resistance to
liability (Parent et al., 1993; and Roush, 1993).
On a larger scale, shifts in juvenile justice have
placed greater importance on programs as a means of
addressing the problems of serious, violent, and
chronic juvenile offenders (Krisberg, 1992;
National Coalition of State Juvenile Justice
Advisory Groups, 1993; National Council of Juvenile
and Family Court Judges, 1993; and Wilson and
Howell, 1993). 

As a part of the Juvenile Justice Personnel
Improvement Project (JJPIP), the National Juvenile
Detention Association (NJDA) conducted a nationwide
survey of detention practitioners to determine the
range of innovative and effective programs and
concepts (Roush and Wyss, 1994). NJDA received 98
program descriptions containing 336 innovative and
effective program ideas. The ideas were grouped
according to topics. The most common are as
follows, including the number of innovations listed
in parentheses:

o Treatment (37).

o Detention education (28).

o Substance abuse (18).

o Activities (15).

o Family and parenting programs (15).

o Volunteers (15).

o Behavior management (14).

o Social skills training (11).

o Home detention programs (9).

o Delinquency prevention programs (8).

o Self-esteem programs (7).

o Conflict resolution (6).

o Vocational education (6). 

The number of innovative ideas and the range of
different program concepts indicate that a
considerable amount of programming is occurring
within juvenile detention facilities. Programs
often do not receive attention or publicity due to
nonexistent or subjective evaluation strategies.
However, numerous descriptions indicate that
program ideas have been in place for many years.
The survey results create a very powerful response
for those juvenile justice and juvenile detention
practitioners who say that programming cannot or
should not be a part of juvenile detention.

Rationale for Programs

The need for strong programs in any detention
facility depends on the type of youth detained.
Detained juveniles are the community's most
troubled and most troublesome youth. The time they
spend in detention is crucial. It is a period when
their belief in themselves has been shattered and
distorted. They are confined against their will,
and earlier supportive relations of the home and
community are severed as they pass beyond the
locked door.

They bring with them considerable anxiety and
hostility. Some are withdrawn, while others are
extremely aggressive. Some are so disturbed that
they do not dare show their true feelings. They are
upset, and detention can make them more upset. Many
carry with them feelings of hostility toward
adults, authority, and society in general. Some
have a strong identification with older delinquents
and antisocial goals.

Putting an upset youth in a group of other upset
youth can only serve to compound problems unless
proper measures are taken. What can detention do to
halt what would seem to be a natural outcome? There
are many goals of detention, but these goals appear
to be the most immediate. Detention has the
obligation to hold youth, curb their impulsive
behaviors, and mend their social ills. The mending
partially consists of controlling behavior so that
detainees do not harm themselves or others. It also
means assisting other court personnel in forming a
clear diagnostic picture, changing the youth's
distorted views of themselves and their situation,
offering some worthwhile goals, and preparing them
for later treatment. 

Although there is debate about the best approach
for detention personnel to take in rendering
programs to mend social ills, detention
professionals have learned what not to do. One
product of experience is a list of several
approaches that do not work. These failed
approaches include:

o Being punitive.

o Being repressive of all behavior.

o Being overly permissive.

o Being inconsistent (permissive, then repressive).

o Ignoring individual needs (being too group
centered).

o Using "give them a good time" approaches.

o Failing to relate detention experiences to the
youth's behavior in the community.

Even weak programs serve to reduce the number of
problems in detention. Moreover, well-designed
programs are indispensable tools in accomplishing
the many goals of detention. There is agreement
about the following benefits of detention programs:

o Good programs keep the detained youth so busy
that they do not have time to think of ways to vent
hostility on detention. The value of keeping busy
should not be overlooked. Youth give less thought
to harming themselves, others, the building, and
equipment. They give more thought to the positives
that are an outgrowth of the program.

o Through programs, youth are placed in many social
situations that serve to alter their distorted
views of themselves and their situation. Juveniles
who need controls can be identified early. Their
more aggressive and impulsive behavior is
controlled partly by the rules of the activity,
partly by the opinion of their peers, and partly by
the close supervision of the staff.

o A variety of situations gives more opportunity
for a quick evaluation of a youth's strengths and
shortcomings. Programs provide for interaction
among the youth. Without interaction, it would be
difficult to spot the withdrawn youth. He or she is
more easily noticed and more easily helped through
one or more of the activities. Many times, a
certain activity allows the staff to penetrate the
wall of hostility that a youth has for adults. Like
programs for the mentally ill, one certain activity
can be the start of a rehabilitative process for a
withdrawn youth. Detention is not geared to
rehabilitation, but it can start the process.

o Confined against their wishes and afraid of their
surroundings, associates, and their future, many
youth experience increasing tension. Good programs
should provide for a release of emotional and
physical tensions. The programs should be varied in
order to find activities that will "unfreeze" the
youth.

o A universal trait of delinquents is that they
have little regard for their own ability and worth.
They lack confidence in themselves. Good programs
can help them discover hidden abilities, develop
new skills, learn basic facts, and develop new
feelings about their responsibility to improve.
They can come to a more realistic appraisal of
themselves.

o A youth worker's success in detention is greatly
dependent on the warm, trusting relationship that
is possible between staff and juveniles in their
charge. It cannot be overemphasized that programs
are one of the best means available in establishing
such a relationship.

o A direct approach by a staff member causes the
untrusting juvenile to back away and set up a
barrier between himself or herself and the adult.
When the youth leader "comes in the back door" by
being a teammate in a volleyball game, by giving
reassurance during crafts projects, or by helping
the group win the housekeeping trophy, he or she is
able to share good feelings with the youth. The
youth and staff member are working together and
doing what is appropriate, before either one
realizes it.

o One of the greatest benefits of good programs may
be that they help the staff member see detained
youth for what they are rather than for what they
have done. Well-run programs encourage good
staff-juvenile relationships.

Programs must be available to all youth at the
earliest opportunity in any detention facility.
Detention staff must always ask how the delivery of
programs can occur rather than why the delivery of
programs cannot occur. A detention facility must
see as its mission both addressing resident and
public protection and affording the youth it serves
maximum opportunities for individual growth and
change regardless of the length of stay. The topic
area of programs will help a staff member
understand the goals of programs, the
characteristics of poor programs, and descriptions
of key program areas.

Goals of Programs

For every type of activity, physical or
nonphysical, there should be at least six of the
following goals that can be reached by having that
activity. If not, then the activity should not be
held. These goals are:

o Providing for a release of emotional tension.

o Providing a constructive outlet for physical
energy.

o Teaching fundamentals of recreational activities.

o Giving the youth self-confidence in wholesome
pursuits.

o Teaching fair play, rule following, and teamwork.

o Providing a socially acceptable outlet for
hostility.

o Giving the youth a better understanding of
himself or herself.

o Developing new interests and skills to be
followed upon release.

o Keeping the youth busy by providing a structure
for his or her day.

o Developing good health habits and 
physique.

o Breaking down resistance to adults and adult
standards.

o Permitting observation of the youth's behavior,
which aids in social diagnosis.

The following outline serves as a more
comprehensive explanation of the goals and their
meaning to everyday work. Review each of the goals,
and see if the activity will answer the questions
in a positive manner.

o Are the youth emotionally as well as physically
involved? Are the youth merely carrying out their
role in the activity to satisfy staff, or are they
really enjoying the activity? Are the youth
involved to the extent that they have forgotten
temporarily all their problems and anxieties?

o Are the youth really exhausting their physical
energies in the activity, or are they carrying out
the motions with as little effort as necessary? Are
they physically exhausted at the end of the
activity?

o Are the abilities of each child being evaluated?
What does he or she lack? What handicaps does he or
she have? How good is the youth? Do we give as much
consideration as possible to the individual's lack
of knowledge or skills? Are the youth being taught
the correct methods of play? Are they being taught
the fundamental skills of the game?

o Are we building self-confidence in the youth, or
making them feel more inadequate? Are we subjecting
the youth to ridicule and embarrassment by the
staff or other detainees? Are the youth being
encouraged to learn and improve, becoming more
confident of their abilities? Are the youth
experiencing a successful feeling of
accomplishment? Do we praise the youth for their
efforts as well as their achievements?

o Are the rules of each game being taught? Are the
youth being shown, and do they understand how the
game can be better when the rules are followed? Do
they see the importance of working together as a
team, and the harm of playing as individuals? Are
explanations given and examples set by staff
guiding youth toward fair play? Do they witness a
cooperative relationship between staff?

o Does the activity allow for a release of
aggressive feelings? Do we avoid creating
resentment toward the activity by not putting them
in positions that are embarrassing or humiliating?

o Do the youth see themselves as being successful
in the activity? Are we providing proper levels of
competition, which increase confidence and
eliminate feelings of insecurity?

o Are the youth being taught new forms of
recreation? Are we developing good attitudes toward
various skills and activities? Have we developed
the skills and created the interest that will
encourage continued participation upon release?

o Do we keep the youth so busy that they do not
have time to think of ways to vent their
hostilities on detention? Do we have a balance of
both active and inactive recreation to keep them
either physically or mentally involved throughout
the day? Do we avoid lengthy periods that
contribute to or reinforce feelings of self-pity,
resentment, or despondency?

o Are youth experiencing a feeling of well-being,
and do they understanding it to be a result of
physical fitness acquired through the program? Do
we avoid imposing standards that are too strenuous
or physically harmful to the juvenile?

o By our every action, do we gain their respect for
us and possibly for other adults? Are they
resentful because they feel that they must accept
our standards, or do they participate because of
their desire to accept our values? Do staff follow
the same rules and regulations the youth are
expected to--win, lose, or draw? Do they see staff
members as part of their team, trying to help and
cheering for them to win, or do they see only
uninterested adults carrying out their duties?
During leisure time, class sessions, or
competition, do we convey the feeling that we are
interested? Are our efforts to help them adjust and
mature real, or can they detect signs of phoniness?
Does our need to "always be right" interfere with
their relying on us to "always be fair"?

o Are we observant of a youth's change of attitude
and interest throughout the day? Do we notice and
record the comparative levels of skills and
knowledge in each activity? Are we sensitive to the
changes in peer relationships? Do we notice how the
various settings alter juvenile-adult
relationships? Do we provide varying juvenile-adult
relationships and notice the changes in response?
Is there enough stimulation and freedom in
activities for the above characteristics to reveal
themselves?

Therapeutic Recreation

Any program designed to serve youth must provide a
means for the constructive channeling of energy
(physical activity). There is a special need for
involvement in noncompetitive sports and activities
that allow for differences in strength, dexterity,
and size. Recreation has the greatest potential for
raising a youth's self-esteem and for establishing
great relationships between staff and youth.
Conversely, it also has the most destructive power
in these areas.

Noncompetitive Activities

Plato wrote that we should strive for a combination
of a perfect mind and a perfect body. Although none
of us can be perfect, there is a link here with
therapeutic recreation. The word therapeutic means
that the goals of physical exercise and having fun
are secondary to the therapeutic goals of teaching
new skills, raising self-esteem, and establishing
the relationship. Therapeutic recreation is
recreation that has a teaching or helping
component.

Even though most juvenile delinquents are
risktakers, they generally are not involved in
sports or athletic programs for a variety of
reasons. Because most detention facilities have a
gym and because most juvenile offenders have had
experience playing basketball, basketball
frequently becomes the predominant form of
recreation. In addition to excluding female
detainees, basketball becomes a convenient
recreation strategy that allows staff to provide
recreation with minimum involvement and planning.
Grimm (1991) maintained that therapeutic recreation
began when detention facilities moved beyond
basketball.

If the primary goal is maximum involvement by youth
in a therapeutic recreation program, youth must be
encouraged to participate. One very effective way
to increase participation is through the use of
noncompetitive games. These activities are highly
inclusive and nonthreatening. They provide staff
with numerous opportunities for encouragement and
praise. As youth become more trusting and
confident, they are more likely to cooperate with
others, trust the guidance and direction of staff,
and engage in more vigorous physical activities. If
approached sequentially, noncompetitive games can
be a way to lead youth into more demanding
recreational activities, such as physical fitness
and aerobics.

Noncompetitive games have been used successfully
with detention residents (Roush, Christner, Lee,
and Stelma, 1993; and Roush and Roush, 1993). Many
resources available to juvenile detention staff
detail noncompetitive games in juvenile detention
(Grimm, 1991; Roush and Wyss, 1994; and Thorne,
1992). There are also additional resources for
noncompetitive games (Fluegelman, 1976; Goodman and
Weinstein, 1980; and Lions-Quest, 1992). 

No matter what level of success you hope to
achieve, your chances of success are improved with
a positive mental image of yourself. It is
important to believe in yourself if you are to
succeed. In many cases, your health and physical
condition are part of your overall wellness and
success. 

Physical Fitness

It is almost impossible to enjoy robust health and
achieve optimum physical fitness without a planned
program of regular exercise. Therefore, proper
exercise is a planned supervised program designed
to maintain body measurements at normal symmetrical
proportions and to tone muscles for normal and
optimum efficiency.

Proper daily exercise is important because, in
addition to contributing to better health and a
longer lifespan, it can greatly improve the quality
of life. Exercise has been proven to alleviate
depression and decrease anxiety.

You can initiate and develop a therapeutic
recreation program to fit your own program's needs
and philosophies. A program that works well
combines old-fashioned physical fitness
(calisthenics, running, and weight training) and a
variety of sports.

A physical fitness program should be approached
sequentially. Youth should have an opportunity to
work up to vigorous and strenuous exercise
routines. At every opportunity along the way, staff
should encourage and reinforce participation,
effort, accomplishment, and the healthy feelings
associated with physical exercise.

Physical fitness programs should be under the
supervision of a staff member trained in exercise
physiology. The sequential nature of a program
should include stretching exercises, calisthenics,
aerobics, running or jogging programs, and weight
training (stationary machines as opposed to free
weights).

Vigorous exercise is an important component of a
good recreation program. Juvenile detention
professionals understood this concept long before
the popularity of boot camps. The difference
between a vigorous therapeutic recreation component
and boot camps is not the level of hard work or the
expenditure of energy on exercising and physical
fitness. The difference is that therapeutic
recreation programs are not intended to demean,
humiliate, or degrade youth by having a staff
member yell at and harass youth in the
stereotypical drill-sergeant fashion. Youth are
sent to detention as punishment, not for punishment
(Logan, 1993). It is not within the legitimate role
of detention to attempt to add to the pain and
suffering inherent in being forcibly separated from
home and society. 

A physical fitness program should include a planned
weight training program for everyone. Staff should
make it enjoyable and never talk negatively about
anyone's physical appearance. An overweight youth
should be given exercises with high repetitions to
help burn fat. Also, staff should advise youth
about the advantages of maintaining a healthy diet
versus eating junk food. A walking and jogging
program is recommended.

However, youth should never be forced to
participate in this exercise program. They should
be greatly encouraged. The effort is most
important. The pat on the back is always needed,
especially for youth with poor self-images. Most
youth respond in a positive way, and their
behaviors greatly improve in other parts of the
program. Continued participation should be
contingent on positive behavior in all areas of the
daily program.

Sports, sports, and more sports are offered all
youth in a therapeutic recreation program--which
means variety. By offering as many sports as
possible, there is a greater chance that each
resident will find one suited for his or her
abilities. Sports as structured team games provide
numerous learning experiences for youth. Before
playing the sports, staff should teach the rules
and work on the basic fundamentals for that
particular sport. The list of sports that residents
can participate in includes basketball, football,
floor hockey, softball, volleyball, wrestling,
weightlifting, running, aerobics, golf, handball,
and soccer. Protective gear, flexible equipment,
and special foam balls make many of these sports
(a) safe for a wide range of youth, (b) usable in
co-educational situations, and (c) playable indoors
in a gym, recreation room, or large dayroom.

Leisure Time

Leisure time is important in all programs. However,
how and when you use leisure time is equally
important. Many facilities run a very structured
program and allow very little free time for
residents. Youth in detention are very high-risk
youth, and they need structure. Most detention
programs subject youth to numerous hours of
television or cards because of insufficient staff,
overcrowding, or a belief that programs are rewards
for delinquent behavior. This approach does not
qualify as constructive leisure time activity.

The American Correctional Association (ACA) (1991)
addresses recreation and activities in Standard 3-
JDF-5E-04, which reads as follows:

Written policy, procedure, and practice provide a
recreation and leisure time plan that includes at a
minimum at least one hour per day of large muscle
activity and one hour of structured leisure time
activities.

Comment: Large muscle development and opportunities
for play and creative activities are essential for
the growing youth. There should be opportunities
for exercise and constructive leisure time activity
for at least two (2) hours on school days and three
(3) hours on non-school days, not including time
spent watching television.

The ACA Standard raises two important points for
understanding leisure time activities. First,
leisure time activities are to be planned. Planning
requires that leisure time activities be scheduled
for a specific time within the daily schedule and
that some thought and organization be included in
the choice of leisure time activities.

Second, there is a difference between structured or
constructive leisure time activities and free time
activities. Structured or constructive activities
do not include watching television, listening to
music, or playing cards. There still is debate
about whether activities should be constructive
(designed to contribute to the improvement of
youth) or structured (planned and supervised to be
consistent with the orderly, safe, and secure goals
of detention). Furthermore, instructive and
structured are not mutually exclusive. At minimum,
however, at least 1 hour of structured activities
per day should be provided to detained youth. These
activities should be of a social nature and should
be well organized and well planned. Arrangements
should be made to ensure that staff understand
their responsibilities, that space and equipment
are available for the activity, and that adequate
supervision exists.

Some facilities have leisure time between 3 and 4
p.m. every afternoon. During that hour, youth watch
television and play radios. Table games are also
offered; Monopoly, Battleship, and chess are
favorite table games for youth. Card games are
popular, but poker and blackjack are not permitted.
In the evening, there is more leisure time. 

If your program is fortunate enough to have a game
room, you might want to take advantage of it. Not
all youth like physical sports, and the game room
gives them an opportunity to enjoy other types of
recreation, such as ping pong, foosball, and pool.
There are always youth interested in participating
in the game room. A partial list of activities for
leisure time includes listening to music, watching
television or video movies, playing table games,
going to the game room, making phone calls, playing
video games, and reading books.

Staff play important roles with detained youth.
Interaction should be constant. It may take place
in the gymnasium or game room, or it may involve a
simple talk about the youth's day. Regardless,
activities promote strong resident and staff
interaction.

Helping Parents When Their Child Is Detained

Most often, when you think about the detention
experience and programs in detention, you
immediately focus on the juvenile who has been
detained. This reaction is appropriate. The
detention experience can be traumatic for any
juvenile, but especially for those who have not
been detained before. Being afraid for personal
safety or property, being upset by the separation
from home, and having feelings of isolation or
failure are common. Through detention programming,
many of these negative feelings can be dealt with
and turned into constructive learning experiences.

Effects of Detention on Parents

The detention experience does not touch only the
juvenile. Often, the juvenile's parents will be as
unfamiliar with detention as the juvenile. Parents
worry about their son's or daughter's safety and
property; they wonder how long detention will last;
they have to learn their way through a complex
justice system; and they worry if the detention
will result in any new economic hardships for the
family. Many parents also wonder where they have
"gone wrong" when they see their child under lock
and key. Some parents throw their hands up in
disgust over their child's conduct, and a few may
even abandon their offspring, hoping that the State
will now care for their delinquent child.

Detention can create a new set of problems for a
parent. These problems go beyond hiring a lawyer
and keeping court appointments or appointments with
probation officers, social workers, and
psychologists. The process of dealing with the
court, law enforcement, and attorneys is difficult
and inherently punishing (Feeley, 1971). The
detained juvenile may be the oldest child in the
family with duties and responsibilities that will
need to be taken over by younger siblings.
Furthermore, the juvenile may be a source of income
for the family, and the detention decision can have
an economic impact on the family.

Although most of the attention is directed toward
the child during the detention decision and
orientation, this is an excellent opportunity for
the detention staff to play a leadership role in
working with the parents of the detained youth. The
detention home will be one of the first points of
contact between a parent and the juvenile justice
system. The detention home equipped to offer
parents help is a detention center that focuses on
the family, not only the child. For many parents,
juvenile detention can be an opportunity for
renewal and a reaching out for help.

Programs for Parents

The old saying "strike while the iron is hot" is
most relevant at this time. When a youth is
detained, it is an excellent opportunity to engage
parents in the treatment plan for the juvenile and
to invite family participation in treatment.
Parents must be fully involved in the plan to help
youth and must be accorded full partnership
(Christensen, Bowling, and Schauer, 1991). In
addition to involvement, many parents choose to
attend parenting education courses and family
counseling sessions. Some even seek one-to-one
counseling. Detention center staff can offer crisis
intervention, family counseling, parent self-help
groups, and substance abuse programs for the
parents of addicted juveniles.

Parent group counseling, in which a trained group
leader meets with several parents for 60 to 90
minutes per week, has been shown to be highly
effective in helping parents to manage the
detention crisis and to strengthen their parenting
skills. During these self-help sessions, parents
learn from each other and identify approaches that
can be applied in their home situations, receiving
guidance from other parents who have successfully
handled similar problems. Often, the group leader
does not need to do more than convene the meeting
and relinquish it to the group for the discussion.
Parents identify with other parents, particularly
in this type of crisis situation. As a result,
parents are willing to try new approaches in
working with their children. 

Groups can include the parents of detained youth or
parents of previously detained youth. It is also
advisable to engage probation officers in the
groups whenever possible. In this way, the
foundation can be laid for probation officers to
continue parent groups in the community for those
parents whose children remain under court
supervision. For more information about programs
for parents of youth in detention, see Roush and
Wyss (1994).

Other groups have also been successful in educating
parents on critical issues of substance abuse.
Utilizing the skills of trained substance abuse
counselors, parents can learn to identify the signs
and symptoms of a substance abuse problem in their
children and to identify resources available to
help correct the problem. Occasionally, parents
also realize that they have a substance abuse
problem and seek help for themselves.

In some cases, crisis intervention counseling and
victim awareness can be useful to parents when the
victim is another member of the family or when the
parents themselves are the victims. Involving
parents through a group process while their child
is in detention can have a beneficial impact on the
family.

Although the stay in detention is frequently short,
detention centers should still offer services to
strengthen families. Parents will respond to an
environment of genuine care and help. A
nonthreatening "we care" attitude combined with a
self-help process will result in parents being able
to manage their children in a more constructive
manner. Juvenile detention programs can offer this
opportunity to parents seeking help.

Community Service

Community service is most often referred to in the
context of a sentence following disposition or
adjudication of guilt. Community service is
frequently used as a substitute for restitution.

When a defendant has been found guilty, a judge
will often impose a specific number of hours of
community service in lieu of sending the defendant
to jail. In these cases, the community service is
usually provided by the defendant to governmental
or nonprofit agencies in the community as a means
of providing them with assistance. In most cases,
the person providing a community service is under
probation supervision. There are growing numbers of
communities that use community service as part of a
sentencing disposition for adult inmates in county
and city jails.

Although the use of juvenile detention as a
sentencing alternative is discouraged by ACA and
NJDA, this does not mean that juveniles in
detention facilities should be excluded from
providing community service if they voluntarily
choose to participate. The difference is that
community service provided by juveniles who have
not yet been adjudicated should be voluntary in
nature.

What makes community service in juvenile detention
unique is the fact that the juveniles remain in
secure care throughout the period of community
service unless the court determines otherwise.
Therefore, projects that can be brought to the
juveniles in detention should be considered over
projects that require the juveniles to be
transported. The fact that juveniles are in secure
care should not be a permanent barrier that will
keep them from doing community service work during
their period of incarceration.

Some examples of community service that can be
accomplished in juvenile detention facilities are
the following:

o Helping civic groups with mass mailings. Often,
there is considerable manual labor involved with a
mass mailing for a civic group. Youth in detention
can fold and stuff envelopes as a community service
project for groups such as the League of Women
Voters and other nonprofit charitable
organizations. The juvenile detention center should
not get involved in political campaigns or should
not work for political candidates because this
would constitute a conflict of interest. The
juvenile detention administrator and staff should
be aware of potential conflicts and disclose them
whenever possible.

o Becoming certified in cardiopulmonary
resuscitation (CPR) and first aid. Although this is
not a direct community service project, it can help
the community if in later years the juvenile is
able to employ his or her CPR and first aid skills.
Knowing first aid and CPR is an important skill for
everyone.

o Creating artwork and crafts projects for senior
citizen centers, nursing homes, and municipal
buildings. Many young people in detention are very
talented. However, they need to be encouraged to
demonstrate their artistic talents. By sharing the
works of art with people in nursing homes,
hospitals, and senior citizen centers, juveniles
can feel that they are enhancing the quality of
life for a patient or an elderly person. Municipal
buildings--such as county buildings, city halls,
and libraries--often welcome artwork done by youth.
The artwork can be displayed as a separate project
or as part of a larger exhibit on juvenile justice
issues. Through this approach, the public becomes
informed about the juvenile justice system and the
talents of many youth caught in the web of juvenile
delinquency. By seeing their talent, many people
will come to understand that delinquent youth are
worth saving.

o Participating in seasonal charity activities. In
anticipation of the Christmas holidays, youth in
secure detention facilities can be taught 
how to wrap Christmas presents that will be
distributed to needy families and children. This
activity can be accomplished in cooperation with
the giving campaigns of other civic organizations.

Youth in juvenile detention facilities can make
positive and useful contributions to their
community even while in secure care. The
recognition of their talents and their willingness
to give will raise their self-esteem and increase
the public's understanding of youth in trouble. A
creative, innovative mind is all that is needed to
develop a strong community service program in the
juvenile detention center. It is a low-cost program
with a large return for the facility and the youth.

Religious Services

ACA Standards

Religious services are a required part of the
programs in juvenile detention. Guaranteed by the
Constitution, access to religious services must be
offered to detained juveniles (Bell, 1992). ACA
standards (1991) include three standards specific
to religious services. These standards require
written policies and procedures that govern the
institution's religious services programs. These
standards include:

o 3-JDF-5F-01: "The facility has a qualified staff
person who coordinates the religious programs." The
qualified staff person may be a full-time,
part-time, or volunteer person who has appropriate
training.

o 3-JDF-5F-02: "Written policy, procedure, and
practice provide that space is available for
religious services." A multipurpose room may be
used for services, provided there is access to the
space when it is needed. The institution is not
required to create a chapel or other area
designated solely for religious services.

o 3-JDF-5F-03: "Written policy, procedure, and
practice provide that juveniles have the
opportunity to participate in the practices of
their religious faith, which are deemed essential
by the faith's judicatory, limited only by
documentation showing threat to the safety of
persons involved in such activity, or that the
activity itself disrupts order in the facility."
Religious practices include access to religious
publications or religious symbols, congregate
worship or religious services in an appropriate
space, individual and group counseling, religious
study classes, and adherence to dietary
requirements. It is not within the responsibility
of the detention administration to determine what
is appropriate worship if that worship does not
disrupt the administration's duty to maintain a
safe and orderly environment.

The themes contained in the standards include the
requirements for staff and space as well as
definitions of services and access to services. The
standards highlight the importance of a religious
services program, but they do not discuss the
nature or content of such a program.

Professional Perspectives on Religious Services

To learn more about religious services programs in
detention facilities, NJDA solicited the assistance
of chaplains from juvenile institutions across the
United States. Under the guidance of the Reverend
Ken Ponds, chaplain at the Starr Commonwealth
Schools, five general questions were posed to
institutional chaplains about the nature and scope
of religious services programs. The questions and
responses are as follows:

What is the purpose of religious services to youth
in detention?

o To plant, to weed, and to feed the notion that
youth have a spiritual nature, which must be
developed for them to become all they are meant to
be.

o To offer culturally neutral values that enhance
human growth and offer a perspective that looks
beyond cultural materialism, while acknowledging
the disparity of justice in our world and our
society.

o To meet adults who bridge the gap between social
control demands and the youth's need for
affirmation as a human. (Adults who "walk their
talk.")

o To instill the challenge of "living all we are
intended to be" rather than "settling for what we
can get away with."

o To introduce youth to a God who loves them
unconditionally and who invites them to grow--a God
with whom they can have a personal relationship.

o To encourage youth to explore their spiritual
resources for growth and change.

o To provide opportunities for youth to articulate
and/or ritualize their faith.

o To teach youth basic religious skills (worship
behaviors) in order for them to feel more competent
and comfortable in congregational settings.

o To teach youth to pray and to create
opportunities for prayerful moments.

o To teach youth scriptural skills.

o To provide for the spiritual needs of the
residents as an integral component of holistic
treatment.

o To provide encouragement and support at a time
when youth are in trouble.

What benefits, if any, do youth receive from
participation in religious services?

o It is a singular issue, and few generalizations
seem possible.

o It provides youth with comfort.

o It provides youth with interaction with
volunteers of diverse religious backgrounds.
Detained youth are accustomed to broken promises,
especially from people who do things because they
get paid. Volunteers come because they want to
come, and even if the visit comes only once per
month, it is predictable.

o It provides youth with a nurturing of
spirituality.

o It provides youth with a general emotional
catharsis, which might be useful from an
institutional management standpoint but whose
instigation by detention staff might be
questionable from an ethical standpoint.

o It gives youth ideas and messages to ponder.

o It provides youth with the opportunity of choice
(to attend or not to attend).

o It is something that only God knows.

Who is most effective in sharing religious thought
with youth?

o Someone who obviously likes people, youth in
particular.

o Someone who is nonjudgmental.

o Someone who seriously cares for youth and will
continue to visit even when the response is less
than desired.

o Someone who listens first, who "walks with"
second, and who proclaims last.

o Someone of faith who lives what he or she
professes; youth can spot hypocrisy.

o Someone with a cultural background similar to
that of the youth in detention.

o Someone who has shared a life experience with the
youth (drug or alcohol abuse) and who has undergone
a conversion experience. Youth respect people who
have walked in their shoes and who have made
positive changes in their own lives.

o Someone who is open to youth's spiritual needs
and does not try to convert them or threaten them
with fire and brimstone.

o Someone who shares faith and who tries to build a
relationship first--which takes time and patience.

o Someone who can reframe the youth's struggles and
feelings into simple religious stories of the faith
struggle.

o Someone who is comfortable with "unfinished
products."

o Someone who is comfortable being an adult in a
youth setting, not being a "buddy."

o Someone who can say "no" without rancor,
accusation, or challenge and who speaks from a
sense of self-limits that are rooted in values
rather than rules.

o Someone who is consistent in sharing his or her
faith and who comes as scheduled.

o Someone who respects the youth, such as campus
ministers, clergy, or volunteers.

o Someone who wishes to share God's intentions
toward us rather than God's disappointment and
anger with us.

What are the most effective ways of sharing
religious thought with youth in detention?

o Through participation in ritual.

o Through careful sharing in small groups.

o Through experiential learning exercises.

o Through the words of their culture's spiritual
leaders.

o Through small groups, seldom through large
groups.

o Through the choice not to participate.

o Through scripture studies. It is most effective
to incorporate an audiovisual and a reading
component into the session. Applying the scripture
story or lesson to the youth's life makes it
relevant.

o Through a time for personal prayer.

o Through religious education formats that address
youth issues and teach youth faith skills.

o Through role playing that helps them to learn how
to put spiritual principles into practice in their
lives.

o Through song. Youth who have the talent or the
yearning to share their voice in song can be deeply
affected by having the chance to sing.

What is the most effective way of developing
spiritual growth in youth?

o Having a genuine relationship with God.

o Modeling spiritual principles without being
"syrupy" or offensive.

o Offering meaningful and participatory worship
experiences, scriptural study that relates to life
issues, involvement in service projects (serving at
soup kitchens or building wheel chair ramps), and
retreats.

o Never confusing oneself with God.

Chaplain

In some detention facilities, the person
responsible for religious services is called the
chaplain. In larger institutions, the chaplain may
have a full-time paid position funded by the
institution or the local religious community. For
example, Youth for Christ organizations frequently
include the local juvenile institutions in their
ministry. More often, the chaplain is a member of
the local clergy, who commit their time and
services on a voluntary basis. The Reverend Ken
Ponds' questions also addressed the role of the
chaplain in the detention facility. The questions
and responses are as follows:

What should be the relationship of the chaplain to
the administration of the detention center? 

o The chaplain should be a distant partner who can
be relied on to speak honestly about the climate of
the institution but who refuses to collaborate in
its schemes of entrapment or discipline.

o There needs to be a tension present, which is
obvious to all and which is respectful. The
chaplain should not seek to obstruct institutional
management and should not be a tool for
institutional management. The integrity of the
chaplain has only a fleeting chance in the eyes of
the youth; the chaplain must by perceived as being
his or her own person.

o The best situation would have several
denominations assist with the compensation of the
chaplain to remind both the chaplain and the
institution who the chaplain truly serves.

o It cannot be determined whether there is any
benefit to having the chaplain sit on the
disciplinary board as a moderating influence. The
cost in terms of later credibility with the youth
is unknown.

What role does the chaplain play for youth in
detention and for the staff who serve those youth?

o Support and ventilation for all.

o Reinforcement of our sporadic tendencies to treat
one another humanely.

o Confession without violation of confidence.

o Defusing of dehumanization or depersonalization
(of staff or youth), which often leads to some sort
of brutalization by either party.

Use of Volunteers

Volunteers are people who donate their time and
effort to enhance the services and activities of
detention. Volunteers are selected on the basis of
their skills or personal qualities, without regard
to race, sex, or national origin.

Services that can be provided by volunteers are
almost unlimited, but some common examples include
mentoring, recreation, counseling, education or
tutoring, and clerical activities. The following
issues are important regarding the use of
volunteers:

o Volunteers should be at least 21 years old and
should have appropriate training or licensing when
required.

o All volunteers should know and follow the
policies and procedures for the volunteer program
and for the agency. Paid staff may work as
volunteers during their off-duty hours, with the
approval of the agency director. Students working
at the agency in a designated internship or
practicum should operate under the intern or
practicum agreement between the agency and their
schools, not under the volunteer program's policies
and procedures.

o Whenever possible, volunteer services should be
included in the annual budget prepared by the
detention center. Budget support should include
funding for a part-time or full-time position for a
volunteer coordinator and for volunteer supplies.

o All volunteers should be provided with an
identification tag, designating the individual's
name and status with the agency (i.e., volunteer in
a designated program). Volunteers should be
expected to wear their name tags while on duty at
the agency. At the time of termination, name tags
should be returned to the facility administrator.

o Volunteers should operate under the same
insurance and liability rules and regulations as
agency employees. Insurance coverage should be
provided.

o A job description for each volunteer position
should be developed. All applicants for volunteer
positions within the agency need to be treated
equally, fairly, and expeditiously. Applicants
should go through an interview process, similar to
that for other agency employees. Before any
individual is placed as a volunteer, all
requirements of the screening process should be
met. Volunteer applicants should complete an
indepth social history. If agreement is reached
that a satisfactory volunteer relationship can be
negotiated, the volunteer should complete the rest
of the volunteer application process.

o A criminal records check should be conducted
before assigning a volunteer to any program
responsibility or interaction with youth. The
prospective volunteer should also provide the
names, addresses, and telephone numbers of three
references, one of whom is work related, and he or
she should provide a signed release of information.

o Once approved, the volunteer should complete and
sign a volunteer agreement, specifying services to
be provided and timeframe. The volunteer should
also sign a confidentiality statement regarding
juvenile information. A personnel file for the
volunteer should then be established.

o All volunteers should receive the same
orientation and review of other policies and
procedures as paid staff members. Furthermore,
volunteers should receive training for the
positions that they will hold. Volunteers should
also be encouraged to participate in any training
that is regularly offered to employees of the
agency, on a space-available basis.

o Volunteers should log all of their volunteer
hours on a daily basis. This procedure will provide
the volunteer and the agency with documentation of
his or her services, which can be used in future
endeavors and in the agency's volunteer recognition
program. It is important for volunteers to receive
recognition in lieu of monetary reimbursement.
Therefore, the agency should formally recognize and
acknowledge the valuable contributions that
volunteers make.

o The agency should establish policies that support
the rights and responsibilities of volunteers.
Furthermore, those rights and responsibilities
should be fully explained to all volunteers as part
of the orientation and training.

o All volunteers should receive appropriate
supervision. Program supervisors should accept
responsibility for providing supervision to any
volunteer placed under his or her supervision or
should delegate the responsibility for that
supervision to an appropriate staff person.
Supervision is recognized as an ongoing process.

o Violations by volunteers of agency policies and
procedures should be dealt with in a fair and
impartial fashion. Step-by-step procedures should
be outlined so that both volunteer and supervisor
will have clear guidelines. Volunteers should have
the right to file a grievance concerning
disciplinary or nondisciplinary matters. All
grievances should be in writing.

A report regarding volunteer services should be
prepared annually and submitted to the agency
director in order to complete a program evaluation
and needs assessment. For more information about
volunteer services in juvenile corrections, see
Smith (1992).

------------------------------

Chapter 11 Detention Education

Education in a juvenile detention facility is
multifaceted. It encompasses formal (academic)
educational instruction, such as English, math, and
social studies, as well as informal (nonacademic)
instruction, such as learning to follow the rules,
learning better social skills, and learning more
appropriate behaviors.

All adults who are connected with juvenile
detention and who have contact with youth are
involved in some aspect of education. They inform,
teach, instruct, coach, tutor, model, and mentor.
No matter what forms it takes, detention education
must be geared to the diverse academic, cultural,
social, emotional, and developmental needs of the
youth in detention.

Why Provide an Educational Program?

Detention education is a core program component in
juvenile detention facilities because of the
following:

o Most youth admitted to detention have a history
of poor academic performance.

o The detention experience often occurs during a
period of crisis for youth, which can serve as a
catalyst for change.

o State and Federal regulations require all youth
up to a minimum age to attend school.

o It provides youth enrolled in school with an
opportunity to keep current with their studies, and
it facilitates their return to school when
discharged.

o Academic and/or vocational successes help to
enhance the youth's chances of employment following
release.

o Academic success helps youth to see themselves
differently, which can lead to enhanced self-esteem
and improved problemsolving abilities.

o It provides youth who are not enrolled in school
or who are not interested in education with
opportunities to explore a general equivalency
diploma (GED), survival skills or life skills, and
career or vocational opportunities.

Factors To Consider

When developing a successful detention education
program, a variety of factors should be given
consideration. The detention center should do the
following:

o Develop educational policy statements that
conform with or reflect the mission, philosophy,
goals, and objectives of the facility.

o Review and comply with all State and Federal
regulatory requirements regarding the education of
youth.

o Consider the size of the facility in relationship
to the physical structure, the number of youth
being served, and the number of staff required to
operate and equip the type of education program and
services being provided.

o Plan for a more culturally diversified group of
youth.

o Address the educational needs of those youth not
currently enrolled in a community school, the
process for receiving credit for work done in the
detention facility, and reenrollment in a community
school upon discharge.

o Develop services responsive to the fact that
youth will enter the facility at various times
throughout the year and may remain from 1 day to
more than 30 days.

o Emphasize that all staff have unique knowledge,
skills, and abilities that can be used in general
education for instruction, guidance, modeling,
coaching, monitoring, and supervision of youth.

Recognition

Education programs provide an excellent opportunity
for recognition (Previte, 1994). Student
attendance, packet or course completion, and GED
provide opportunities for positive actions and
accomplishments to be recognized. Recognition
builds self-esteem, which reinforces the value of
the education program. Recognition ranges from
offering simple verbal praise to awarding
certificates or incentives provided by community
resources, such as pizzas or special event tickets.
(See Chapter 12 on behavior management for more
ideas.)

Review of Detention Education Issues

A body of data exists regarding competent detention
education programs. Studies by Norman (1961),
Hughes (1972), Duran (1979), and Hughes and
Reuterman (1980) provide basic data for the
establishment of acceptable minimum standards for
detention education programs, many of which exceed
the education standards recommended by the American
Correctional Association (1991).

To generate more information about detention
education, the Michigan Juvenile Detention
Association (MJDA) held a forum so that detention
educators could express their concerns about more
effective detention education programs (Roush and
Morris, 1980). Based on an analysis of these
issues, detention educators, detention
administrators, and detention school coordinators
were asked to prepare a list of priorities for
detention education in Michigan. The following
priorities were identified:

o Each student should have a comprehensive set of
educational goals that culminate in an aftercare
plan.

o Improved communication systems are needed between
detention education staff and court staff,
detention staff, parents, staff of other
facilities, and students.

o Detention education curriculum should include
substance abuse and mental health programming, GED
information, vocational training, treatment
components, survival skills, and coping skills.

o There is a need for increased information
regarding rules and regulations from State and
Federal sources as well as GED information.
Additionally, the label "emotionally impaired" or
"emotionally disturbed" should be removed from the
classification of detention education students.
Finally, rules and regulations should specify that
an inhouse education director must be assigned to
each detention education program.

o There is a need for coordinated program goals
between education staff and detention staff.

Components of the Detention Education Program

Administration

It is generally accepted that detention education
programs should be administered by a separate board
of education that is distinct from the
administering agency for the detention facility.
Hughes and Reuterman (1980) report that more than
72 percent of all detention education programs are
administered by a separate board or agency.

The relationship among the juvenile court, the
juvenile detention facility, and the operating
school district is unique within most educational
delivery systems. A cooperative and working
relationship is important in addressing the
educational needs of the youth placed into the
detention facility, particularly if the education
program is operated by the public schools--which is
the recommended approach.

The detention education program should be initiated
through an interagency agreement between the local
or intermediate school district where the facility
is located and the agency that operates the
juvenile detention facility. This agreement should
reflect the cooperative efforts between the two
groups and clearly define the responsibilities and
obligations of each. The cooperative agreement
should specify the responsibilities of each party
for delivering educational programs and services
and for covering costs related to the
implementation of the educational program. A good
cooperative agreement will facilitate better
working relationships, efficient use of personnel
and services, and a coordinated approach to improve
services to students and parents involved in the
program.

Role of the Juvenile Court

The juvenile court should work cooperatively with
other agencies and school districts in the
education of youth placed in the juvenile detention
facility, while assuring compliance with
appropriate State laws and rules. If it appears
that the laws and rules of the court contradict
various education laws and rules, it is recommended
that the court, the department of social services,
and the department of education resolve the
differences in a positive, appropriate manner.

Role of the Juvenile Detention Facility

o Administrators and staff of the juvenile
detention facility should consider the detention
school program to be an integral part of the total
detention program.

o Juvenile detention careworkers should be
supportive of the school program and school staff
in every way possible.

o Except for court appearances, the detention
education program should be given top priority.

o Juvenile detention careworkers should stress the
importance of the school program and their
expectation that each youth will become
meaningfully involved in the program.

o The school program should be included in any
detention reinforcement program (e.g., token
economy or point system).

o Any information known to the detention facility
staff that could affect a youth's program or
behavior in school should be shared with school
staff (e.g., information reported by the probation
officer, behavior observed in detention, or known
physical problems).

o The detention facility administration should
expect and receive regular feedback from the school
staff regarding the youth's performance and
achievement in the school program (Francis, 1982:3-
4).

Role of the Operating School District

The operating school district and the juvenile
detention facility should work in a cooperative
manner and should jointly participate, whenever
possible, in the planning of educational and/or
treatment programs upon release. This cooperative
endeavor should involve teachers from the operating
district as well as those from the detention
facility. Consultation support from the public
schools to both court staff and educational staff
is one means of achieving a smooth transition. The
juvenile court may also provide a liaison
consultant to local school districts.

The public school district should provide
educational services in addition to the
above-mentioned consultation service. These
services may include:

o Diagnostic evaluations.

o Specialized programs.

o Alternative education.

o Special education programs for identified
handicapped students.

o Historical and educational insight for court
staff.

o Attendance at meetings, such as individualized
educational planning committees, and provision of
information from those meetings.

o Educational planning for youth returning from
placements outside the district (Francis, 1982:4).

Several issues need to be formalized when
developing a juvenile detention education program,
including:

o Who is responsible for determining the number,
type, qualifications, pay, and benefits of
education personnel.

o Who conducts staff recruitment, selection,
hiring, performance evaluations, discipline, and
training.

o Who decides the number of instructional hours per
day and the number of instructional days per year
to be provided.

o Who determines the curriculum to be offered and
credit to be earned.

o Who provides supplies, materials, equipment, and
space.

o Who disciplines youth.

o Who decides what safety or security policies will
be followed.

o Who funds the program.

Education Files

Generally accepted minimum standards call for the
maintenance of education files that are separate
from the resident filing system within the
detention facility.

Class Size

Class size for detention education programs should
be small, with a ratio of 10 students per teacher
(Norman, 1961; Duran, 1979; and Francis, 1982).
Norman specifically recommended that there should
be no more than five students per class when
teaching remedial subjects.

School Year

A detention education program should operate on a
52-week basis. This recommendation is not widely
implemented because of difficulties with teacher
contracts. Several alternatives have been tried.
For example, some institutions stagger the
contracts for various teachers so that the
education program operates for the entire year.
These efforts have had some success in lengthening
the average school year for detention education
programs to 43 weeks. Although this time period
falls short of the ideal 52-week program, it does
exceed the normal 36-week program in most public
schools.

Personnel

Staffing is dependent on, but not limited to, the
size of the facility, the number of the youth
served, the needs of the youth, availability of
resources, and the goals and objectives of the
detention center and the education program.

The detention education program should hire
teachers with the following qualifications:

o Certified to teach kindergarten through 12th
grade.

o Endorsed or educated in reading, remedial math,
and social studies.

o Certified in special education.

Michigan includes detention education under its
special education rules and increases State
reimbursements for special education certified
teachers. As mentioned earlier, small facilities
may only be able to use one or two teachers who
have general knowledge of the basic subject areas.
However, as the size of the facility increases, so
does the need to provide special education
services.

Large institutions should use teachers who also
have specialized knowledge in other areas (e.g.,
arts, science, and home economics), and they should
use more tutors, paraeducators or teachers' aides,
psychologists, counselors, clerical staff, and
administrators.

Careworkers in the classroom. Juvenile detention
careworkers are an important part of the education
program. By being available during school hours and
in the evening, they can provide tutoring,
classroom management support, and afterschool study
sessions.

Volunteers. Volunteers are an important part of a
successful education program. They may come from
local colleges or universities, community
organizations (such as service clubs and churches),
and businesses. Volunteers can enhance the
education program by serving as tutors, clerical
assistants, and teachers' assistants or by making
special presentations.

Generally speaking, the more people who are
involved in the detention education program, the
better the center is able to provide quality
education, to enhance the condition of confinement,
and to improve the chances of success when youth
return to the community. 

Equipment, Furniture, Materials, and Supplies

All detention education programs must develop,
purchase, and maintain sufficient materials,
furniture, and equipment to meet the needs of
traditional classroom programs and nontraditional
individualized learning programs. Depending on the
size of the facility and the location of the
education program, equipment and furniture may be
permanently installed or mobile.

Equipment should accommodate the different learning
levels, abilities, and styles of youth served.
Equipment should include audiotape player and
recorder, VCR and monitor, television, radios,
personal computers with CD-ROM, film strip
projector, overhead projector and screen,
typewriters, calculators, clock, photocopier,
stapler, and papercutter.

Furniture should be sturdy, durable, and able to
accommodate individual or group learning
arrangements. For example, a program might need
individual desks, folding tables, comfortable
chairs, file cabinets, and bookshelves.

Materials and supplies should support the
curriculum and the instruction method of teachers.
For example, the program might need books,
individualized learning packets, paper (colored,
plain, or drawing), pens, pencils, rulers, clips,
and erasers.

It is important to consult with juvenile detention
personnel concerning appropriate safety and
security measures to be developed and followed when
ordering, using, and storing equipment, furniture,
materials, and supplies.

Physical Space

The education program should be physically and
environmentally comfortable for learning.
Consideration should be given to providing adequate
program space during school operating hours.
Ideally, the school program should be in a
low-traffic area with as few diversions as
possible, good air, good lighting, low noise, and
comfortable temperatures. Other possible space
needs in an educational program might include group
activity; individual study spaces; storage for
files, records, and books; and teacher planning
space.

The location of the education program varies
according to the size of the facility, and it
reflects whether the detention careworkers are
involved or not in the school's operation. For
example, in a small facility, the school may be in
the dayroom area with detention careworkers
actively involved. In a large facility, the school
may have a space of its own, with school staff
isolated from the main flow of agency activities.

Community Resources

Community resources should be used in the detention
education program and in the detention agency. When
the school is linked with a local school system, it
may use existing programs in the district, such as
Junior Achievement, business partnerships,
adopt-a-school, and local drug and alcohol
programs. Furthermore, the school program can be
enhanced by local service club volunteers from the
community and by interns or students from local
community colleges or universities. Community
speakers (Red Cross, health department, or cultural
interests) can complement the education program
greatly. Law-related education activities and
materials can be an effective way to involve people
from the community with the school program.
Community volunteers can participate in many ways,
ranging from special presentations to mentoring and
tutoring.

Curriculum

There is very little debate over curriculums for
detention education programs. Practitioners
generally agree that the primary purposes of a
detention education curriculum are to keep students
current with their studies in public schools and to
provide remedial instruction, whenever needed. In
times of inadequate numbers of teachers and
resources, controversy arises over the minimum
curriculum that meets acceptable standards.

Based on a regional survey of effective detention
education practices, Duran (1979) identified the
following areas for a detention education
curriculum:

o Math.

o Remedial math.

o Remedial reading.

o Arts and crafts.

o Guidance.

o Physical education.

o Social studies.

o GED preparation.

Additional subjects include vocational education,
career education, health, sex education, job
interview skills, consumer education skills, and
science. 

Although detention educators agree with Duran's
research, they note that it is somewhat outdated.
Contemporary curriculum development also includes a
strong emphasis on language arts (writing and
speaking), computer-assisted instruction, and
social skills programs as a substitute for
guidance. 

A postsecondary education program should be
provided for youth who have acquired their high
school diploma or GED. Courses offered need not
lead to credit hours but should be of high interest
and educational value--e.g., computer literacy,
values clarification, employment skills
(interviewing and job applications), career
exploration, and life or survival skills. College
courses and correspondence courses are options for
some, and many youth can serve as tutors to help
younger residents who may benefit from increased
individualized assistance.

Providing homework assignments is very important,
and teachers and juvenile detention careworkers can
cooperate on this function. Providing a daily
afternoon or evening study time reinforces good
study habits and allows juvenile detention
careworkers and volunteers to serve as tutors.

Admission

Upon admission to a juvenile detention facility,
youth should undergo some type of academic
screening or assessment to identify current
educational skills, which normally range from
elementary through high school levels. Part of the
assessment should include contacting the youth's
current or last known school to obtain information
to assist in the proper level assignment. When the
assessment process is completed, all youth should
have an alternative education program (AEP)
developed for them if they are going to remain in
the facility for more than 3 days.

AEP's should correspond to subjects taught in local
schools so that progress toward graduation is
maintained by detention education coursework. There
are several strategies to translate participation
in a detention education program into viable
credits in the public schools. Some youth receive
actual credits (full or partial, depending on the
length of stay), while some youth receive excused
absences and credit for the number of weeks in
detention. No matter which strategy is adopted, it
is imperative that the detention education program
be recognized as a legitimate educational
experience and that detention education staff
secure an agreement with local schools so that
successful participation in the detention education
program counts toward graduation. Youth currently
enrolled in school should be able to work on
assignments obtained from their home school to keep
up with their classmates.

Discharge

When youth are discharged, the detention education
staff should be notified so they can prepare a
summary of academic progress and accomplishments,
which should be kept on file in the agency for
future reference. Some youth return to juvenile
detention; so these records can be very helpful. A
copy of the academic summary should be requested by
the next school the youth attends.

For youth who are attending a community school
prior to admission, it is important that the school
be notified of the youth's discharge. If the youth
is returning to that school, records of his or her
academic progress, including credits earned, should
be conveyed in written form as soon as possible.

For those youth who were not attending a school at
the time of admission, they may decide to return to
a school upon discharge. In this situation,
detention education staff should assist these youth
and their parents or other responsible adults in
contacting the appropriate community school to
arrange for reenrollment. This process may include
a reentry conference.

Followup

Some type of educational followup or aftercare may
be appropriate for youth who establish supportive
relationships with a facility teacher or who may
need continued educational guidance after
discharge. Facility policy should address this
issue so that appropriate guidelines and
limitations are clearly spelled out. For example, a
discharged youth may only contact the facility
teacher at work. Any tutoring provided should be at
the facility. In these situations, the teacher
should also try to locate another
teacher-counselor-tutor in the youth's community
school to provide the additional support.

Reports for Court

Academic assessments or progress and accomplishment
summaries should be requested by probation
officers, caseworkers, attorneys, or judges. Such
reports are very helpful when decisions are made
concerning a youth's future. Education personnel
should prepare these reports in a professional
manner, distinguishing between objective
observations and personal or subjective opinions.
The report should minimally include name, birthday,
age, sex of the youth; name of the last community
school and grade attended; results of the juvenile
detention educational screening assessment, grade
placement in subject areas, academic progress and
accomplishments, and weaknesses and strengths; the
number of days of attended school; and behavior
observations (ability to get along with peers and
staff, attitude, and ability to work independently
or in a group).

Parent Involvement

Parents, legal guardians, other significant adults,
and juvenile detention staff should be informed on
a regular basis of how youth are doing in the
detention education program. Sharing of information
is important because it may help others to see
these youth in a different light. Compliments from
others may also encourage youth to continue working
hard and help them to benefit even more from the
education program.

Education Beyond the School Program

Education need not be confined to a school program.
Other learning experiences should occur outside the
detention education program, and these experiences
should address drug and alcohol education, health
and sex education, anger control, decisionmaking
skills, career exploration, self-esteem building,
information about community resources, leisure time
activities, problem identification and goal
setting, child development, parenting skills,
dating and interpersonal skills, and information on
how to accept criticism and compliments. Two
popular informational topics are employability
skills and independent living skills. Detention
careworkers can coordinate or lead these
information sessions, using other staff, business
leaders in the community, or volunteers. Handouts,
role plays, videos, and discussions can be combined
in ways that make such activities enjoyable and
educational.

A successful juvenile detention facility provides a
multifaceted detention education program so that
the time youth spend in the facility is as
productive and beneficial as possible. A detention
education program is geared to accommodate the
diverse academic, multicultural, social, emotional,
and developmental needs of youth on an individual
and group basis.

Finally, the education of youth encompasses just
about every activity that involves youth and staff.
All staff, no matter what their job titles,
contribute to the education of youth. A commitment
to a quality detention education program invests in
youth rather than warehousing them.

Special Education Services

Like health and mental health concerns, the scope
of the problems regarding special education
services has not been well researched, and much of
the information is based on practitioner
observations. For juvenile justice agencies, the
problem can be characterized as a widening gap
between available educational services and the more
specialized educational needs of juvenile
offenders. Within the educational programs provided
by most juvenile justice agencies, the emphasis is
on acquiring basic educational skills, and the
primary outcome measure is earning a high school
diploma or GED.

This particular strategy has been criticized
because the basic education curriculum and the GED
strategy do not go far enough. If the success of
the educational program is measured by a juvenile's
ability to read at the eighth-grade level, then the
wrong outcome has been selected to measure the
effectiveness of a detention education curriculum,
especially if there is no way of knowing whether or
not juveniles can functionally use these skills to
acquire goods and services, to perform various
domestic living tasks, to use recreation services,
and to gain and maintain employment (Gerry, 1991).
The notion that academic instruction is misguided
is compounded by the need for special services.
Estimates suggest that between 28 percent and 42
percent of incarcerated youth are labeled
educationally handicapped (Krisberg, 1990) and that
34 percent are functionally illiterate (Gerry and
Certo, 1992). Given these percentages, it is
critical that detention educational services
include special education programming.

Federal Standards

The Education for All Handicapped Children Act
(EAHCA), now the Individuals With Disabilities
Education Act (IDEA), 20 U.S.C. 1400 et seq.,
requires that all youth who are or may be
educationally disabled receive a free, appropriate
public education. Civil rights groups have shown a
willingness to sue State and local agencies to
ensure that the provisions of the act are extended
to incarcerated youth. The settlement of a class
action suit brought in the Federal Court, District
of New Hampshire, required the following:

o All educationally disabled students must receive
an educational program for at least 5.5 hours each
day, beginning no later than 2 school days after
arrival.

o No educationally disabled student placed in the
detention unit may be expelled from education.

o No educationally disabled student may be
suspended from education for acts not committed in
the course of the educational program.

o For those students determined to be educationally
disabled, the responsible school district should be
notified within 24 hours, and the school district
should provide within 24 hours a copy of the
student's individual education plan (IEP). Whenever
the IEP cannot be fully implemented by the
detention unit, a special education evaluation
placement team meeting should be convened promptly
for the purpose of determining whether the
educational program being provided is appropriate
or whether the IEP should be revised.

Even a casual observer can see that this is a
cumbersome, time-consuming, and costly process. It
is not the best method.

To avoid litigation, detention facilities should
become acquainted with their State's department of
education special education requirements. Detention
facilities also should enter into discussions with
school officials within the jurisdiction served to
determine what needs to be done, individually or
cooperatively, to ensure that the special education
needs of detained youth are being met. It is
probably too late to begin such discussions after a
lawsuit has been filed.

School Dropouts

Many juveniles in detention have had a negative
experience in the school system, and their
motivation to remain in or return to school is
almost nonexistent. However, returning to school
may be the best chance these youth have to change
their behavior and lead crime-free lives. Engaging
detained youth in the educational process has many
beneficial effects. If youth are able to keep up
with the class while in detention, the likelihood
that they will return to school successfully is
increased. Conversely, if youth are sent home after
a period in detention and find that they are
further behind the class in school, catching up can
appear to be so impossible that youth simply drop
out.

Adolescents once dropped out of school to work in
the mills and factories. Today's youth drop out of
school to enter a world of crime and drug
trafficking (Duster, 1987). Few would argue with
this assessment. Therefore, any step taken by the
detention facility to enable or encourage detained
youth to return to school would be a step toward
prevention of more crime and further penetration
into the criminal justice system.

Computer-Assisted Instruction

Computer-assisted instruction (CAI) is an
educational tool used to strengthen and expand
existing detention education programs, while
simultaneously offering additional remedial,
social, and life-skills education. Using computers
permits educational programming to be expanded,
permits a more cost-effective use of personnel,
increases the amount of time spent on
individualized educational activities, and combines
high-interest activities with educational concepts.

Four integrated CAI components are recommended. A
compatible educational philosophy is the concept of
peer-assisted instruction, which complements CAI
and helps to teach responsibility. Similar programs
have been very successful in enhancing instruction
in a variety of subject matters, while
simultaneously increasing a youth's concern and
commitment for others.

Remedial Instruction Program

Numerous students experience learning problems that
prevent them from fully participating in group
instructional activities. Specific learning
disabilities or problems often prevent the mastery
of fundamental educational concepts. The purpose of
a CAI remedial program is to provide additional
prescriptive instruction for specific skill
development.

Supplemental Academic Instruction

The supplemental subject instruction offers
additional instruction in conjunction with the
existing detention education curriculum. Students
participate in computer-assisted educational
activities that enhance their studies in reading,
English, math, social studies, and industrial arts.
CAI also provides learning opportunities in
vocational education. This educational component
provides additional instruction so that students
may achieve mastery in various curriculum areas.

Afterschool Program

An afterschool educational program offers students
an opportunity to participate in computer-based
learning experiences. These programs are
reinforcing and include educational games and
simulations. Furthermore, students use
problem-solving software to enhance decisionmaking
skills. Although the program focuses on increased
social skills, survival skills, and decisionmaking
skills, programs also develop high-level thinking
skills.

Summer School Academy

The summer school academy provides an integrated
program of educational software for those students
in detention during the summer period when no
school program is in session. Additionally, all
students can participate in computer programs that
provide instruction in life skills, such as
personal hygiene, attitudes, values, career
development, and basic educational skills.

An Example

Arizona has developed and implemented alternative
educational programs for youth who are temporarily
detained in county juvenile detention facilities.
Northern Arizona University, Arizona Center for
Vocational Technological Education, Coconino County
Juvenile Court Center, and Flagstaff Unified School
District have cooperated to create alternative
educational services for a historically underserved
population.

Computer-Assisted Detention Education and Training
(CADET) was developed as a dropout intervention
program for Coconino County juveniles who have been
detained. Students are transported daily to the
campus of Northern Arizona University for CAI.
CADET is staffed by State-certified teachers as
well as detention careworkers. Educational
diagnostic assessments are administered, and IEP's
are developed for each student. Special education
students from county schools continue to work on
their established, short-term IEP goals while at
CADET. Students who are not from the county
normally focus on GED preparation.

Summary

A comprehensive detention education program is a
powerful way of providing meaningful activity
during the day. It reduces the boredom that is
often the natural consequence of detention.
Participation in a successful detention education
program reduces the number of interpersonal
incidents and other disciplinary problems. Because
most youth in detention will be in the facility for
a relatively short period of time, the school
program must have many nontraditional aspects.
Learning periods should be short and independent of
progression or prior knowledge. When possible,
learning periods should be nonthreatening,
interesting, and entertaining. Although the period
of detention is too short to correct all past
failures in school, it is long enough to impart
general knowledge that will benefit youth whether
they return home or are placed in some other
program.

------------------------------

Chapter 12 Behavior Management in Juvenile
Detention and Corrections

Behavior management in the modern day detention and
corrections setting requires an understanding of
two incorporated subcategories of knowledge: (1)
human psychological functioning and (2) strategies
of staff interaction to gain cooperative and
appropriate resident behavior. 

There are two types of staff interaction
strategies--"personal" and "structural or
environmental"--which will be referred to as
personal and programmatic strategies. There is
enough knowledge about each of these types of
interaction to discuss them independently even
though they are completely interrelated. Therefore,
this discussion of behavior management comprises
two parts. The first part focuses on the personal
interaction strategies and techniques of behavior
management, while the following part focuses on
programmatic strategies and techniques. Both
sections include and review relevant teachings on
human psychological functioning (understanding the
nature of delinquent and adolescent behavior) as
needed.

Part I: Personal Strategy

Conceptually, this section does not embark on a new
path of behavior management and does not outline an
original set of behavior management techniques. No
magic remedies or momentous discoveries about
behavior development or control have surfaced
during the past 10 years. In fact, it is beneficial
that the modern practice of behavior management is
constructed on a solid foundation of slowly growing
empirical evidence. It should also be comforting
that this evidence is not radically different from
what was previously thought to be true. 

However, our understanding of the nature of human
behavior has gained some clarity in the past few
years, and the emphasis for eliciting appropriate
behavior from residents has followed accumulating
evidence showing that positive resident behavior is
a product of positive staff-resident relationships.
It also remains true that the basis for behavior
management relies on the personal strategies,
actions, and interactions of the detention and
corrections staff.

Personal strategies for behavior management fall
into six general categories of staff action and
interaction: personal understandings, relationship
interactions, leadership interactions, counseling
interactions, teaching interactions, and crisis
interactions.

Personal Understandings

The area of personal understandings is often
overlooked. However, before staff members can
interact favorably with a juvenile in the detention
or corrections setting, they must equip themselves
with a basic knowledge and understanding of human
behavior and establish or clarify their personal
philosophy (or understanding) of behavior
management.

Lewin's Behavior Formula. Kurt Lewin (1946)
provided a fundamental observation that the
behavior of a person (B) was a function of the
interaction of that person's personality (P) and
the present human and physical environment (E).
This conceptualization is often referred to as the
Behavior Formula [B =  (P,E)] and provides insight
into why persons behave the way they do. The
formula also suggests a plan to maintain or change
the present behavior of a person. Behavior is the
key word; it is not the juvenile careworker's goal
to read the mind of a youth or to police a person's
hidden attitudes and thoughts. The goal is simply
to observe, assess, and influence a youth's
behavior. 

The second major principle clarified by the
Behavior Formula is that staff members have great
personal influence on resident behavior through
their interactions with residents. However, it is
equally important that staff understand that human
behavior is ultimately self-controlled (personality
controlled) and is a matter of self-choice.

A resident's behavior is a product of his or her
present personality interacting with the detention
and corrections setting. A resident's personality
is not so mystical that it cannot be understood. It
is simply a two-dimensional structure consisting of
(1) the youth's learned beliefs, values,
motivations, and rationalizations about those
beliefs and values (the youth's cognitive
structure) and (2) a consistent set of learned
behavior patterns. Personality and potential
learning capabilities may be influenced by
inherited biogenetic characteristics, but for the
most part, personality is composed entirely of
learned patterns of thinking and behavior (Aronoff
and Wilson, 1985; and Loevinger, 1987). The
importance of this fact cannot be overemphasized
for our personal understanding. It underscores that
the way youth think and act is derived from
previous learning and that the way they will act in
the present and future is subject to either new
learning or reinforcement of previously learned
behavior patterns. 

Behavior is the result of both learning and choice.
Human beings have not only learned present sets of
behaviors, but they also continually choose to
perform them. Most behavior choices were made a
long time ago, and present behaviors are mostly
thought of as habits. The important concept
(understanding) is that every behavior is composed
of a series of choices, and it is possible to make
new choices and establish new habits (Kendall and
Braswell, 1985).

Another important understanding is that the average
delinquent youth has experienced a normal
personality development (Glasser, 1975; and
Bandura, 1986). For the most part, a delinquent
youth is a typical adolescent going through normal
developmental stages and facing the present and
future world with the same anxieties, hopes, and
concerns as any other juvenile. It is valuable to
note that 90 percent of the behavior observed in a
detention setting is normal adolescent behavior.

Of equal importance is the fact that the remaining
10 percent of behavior experienced in the detention
setting is the result of former learning and
reinforcement and is usually the most effective
behavior that the juvenile knows (at the present
time) to get what he or she wants. In other words,
the maladjusted behaviors may be inappropriate by
adult standards, but they have worked successfully
for juveniles in the past, and they are products of
past learning interactions and experiences.
Juvenile offenders will also continue to use these
old habits until the value of new choices is
clarified.

Three Types of Staff Behavior

In light of this basic knowledge of the development
of human behavior, what is an effective philosophy
of behavior management? Staff members reveal their
behavior management philosophies through the use of
passive, aggressive, or assertive interactions with
juvenile residents and other staff. Usually,
current patterns of interaction were acquired
through life experiences and were established
without a cognitive philosophical discussion or
evaluation of the types of interactions that would
be most beneficial later in life. Consequently, it
is important for juvenile detention and corrections
care-workers to understand the differences between
the three types of adult behavior (passive,
aggressive, assertive) and to move toward the
acquisition of assertive interaction skills
(Alberti and Emmons, 1990).

Passive. A passive person is one who exhibits
submissive behavior, discounts personal feelings,
and defers to other persons. This person hurts
"self" by ignoring internal messages or personal
needs and does not get to express the joy, warmth,
and love he or she should express. In short, a
passive person misses out. 

People behave passively by failing to express their
feelings, needs, or affections to others; failing
to stand up for their rights; not making decisions
for themselves; not being able to say "yes" even
when they really want to do something; allowing
their ideas or opinions to be easily changed; and
constantly letting others take advantage of them.

Aggressive. An aggressive person discounts the
feelings of others and insists on getting what he
or she wants. This person hurts others and
shortchanges others by preventing them from
becoming what they should be. Aggression also hurts
others by preventing them from sharing in the good
characteristics of the aggressive person.
Sometimes, aggressive behavior is open and
explosive, while at other times, it is sneaky (what
is usually termed as passive-aggressive behavior).

People behave aggressively by expressing themselves
in a threatening, assaultive, demanding, or hostile
manner; taking advantage of others; pushing others
around or manipulating them to fulfill selfish
desires; using sarcasm toward others and insulting
or belittling their feelings and opinions; and
labeling (interpreting) other people's behavior.

People choose to be aggressive because of anger and
fear. Aggressive behavior may or may not achieve
the desired goal. If a person obtains something
through an aggressive act, he or she does so at a
high cost to others and himself or herself. These
costs include feeling guilt or shame, having
one-sided relationships instead of friendships, and
being disciplined or ostracized. 

Aggressive behavior is especially bad when used as
a behavior control technique because it is easier
for others to act passively or aggressively in
response. Consequently, it is apparent that
juvenile careworkers need to analyze and understand
their philosophy of interaction and behavior
management, and if they find that they have a
leaning toward either a passive or aggressive
orientation, they will need to move toward the
acquisition of assertiveness. 

Assertive. It is important to understand
assertiveness. Many times juvenile detention and
corrections staff have the admirable qualities of
concern, mercy, encouragement, dedication to
service, and the strength of gentleness. However,
it is also often true that people with these
qualities have difficulty being firm. They often
say "yes" when they should say "no," and they tend
to overextend themselves and to be easily
manipulated.

Sometimes, staff also exhibit codependency
characteristics. They tend to feel responsible for
the feelings and actions of others; they tend to
feel angry when their help is not accepted; and
they tend to do things for other people that the
people are capable of doing for themselves.
Consequently, their actions and feelings of concern
do not produce the intended good results.

It is important to understand assertiveness because
some staff have a common but very inaccurate notion
about assertive behavior, believing that it means
to dominate a situation and to get what one wants
from others. This definition confuses assertive
behavior with aggressive behavior.

Assertive behavior is (1) a balanced, open, honest,
nonhurtful way to relate and communicate that
includes listening and attempting to understand the
other person's position before responding; (2) a
way of appreciating the needs of others as well as
those of self; and (3) a way of relating to people
that allows full expression of oneself to others,
while respecting their rights and feelings.

Assertive persons directly and honestly express
their own emotions, needs, and rights to others
without feeling embarrassed or resorting to
aggression or manipulation. They assume or share
the responsibility of making decisions and choices
that affect their lives. They say "no" without
feeling guilty and wholeheartedly say "yes" to
requests that they really want to do. Assertive
persons view themselves as individuals with the
same human rights, privileges, and responsibilities
as everyone else, regardless of sex, race,
religion, vocation, or social status.

By understanding, studying, and acquiring an
assertive behavior management style, juvenile
careworkers will be able to show respect and
concern for others and themselves. They will also
be able to see that behaving assertively is an
integral and essential part of the professional
worker's behavior management philosophy and method
of action. Finally, only by taking the time to
examine internal understandings will juvenile
detention and corrections workers be able to value
and improve their behavior management strategies
and interactions.

Relationship Interactions 

Relationships are now considered the primary
control source for managing the behavior of
juveniles (Morgenthau, 1992; and Morgenthau and
Plant, 1993). Effective behavior management
relationships do not happen by accident; they are
created by the use of trust-building techniques on
the part of the staff. Trust is built by active
listening, honesty, prudent action, and concern.
Although the first skill can be learned, the other
three must be consciously practiced.

Most people enter the detention and corrections
field because they care about the young people
whose lives they touch. There is no substitute for
genuine concern. Dr. William Glasser, author of
Reality Therapy (1975) and Control Theory (1985),
states that all persons must have assurance that
their safety and survival needs will be met, must
have some recognition of personal power, must have
a measure of fun and freedom in their lives, and
must have at least one person who loves them and
whom they can love in return. Many delinquent youth
lack positive, caring adult relationships and have
no reason to behave well or to expect to succeed at
positive behaviors. Consequently, delinquent youth
will only behave for people they can trust to
provide safety, recognition, some opportunity for
fun, justice in the area of freedom, and genuine
concern for their future well-being. If a staff
person does not care and a program does not provide
these essential relationship elements, the
residents will not strive for self-control.

The second element of effective relationship
building is honesty. Honesty means always providing
the truth (with concern). There are many unpleasant
truths that delinquent youth must face. It is never
easy to be the first person to offer these
explanations, but truth is an essential component
for freedom, justice, and problem solving. 

Listening

Prudence means thinking before acting. It means
using practical common sense--counting to 10 and
reexamining the plan of action. Then, if the action
still makes sense, proceeding. It means not making
hasty decisions and not acting in revenge or
prejudice. Prudent behavior is to act deliberately
and to continually evaluate personal reasoning. The
use of prudence builds trust and personal
relationships. 

Although concern, honesty, and prudence are
internal personal strengths and virtues to be
practiced (Lewis, 1970), the art and interaction of
listening must be learned, and it is a difficult
skill to master. There are many good listening
models, and one of the best is Dr. Thomas Gordon's
model, which he explains in his books Parent
Effectiveness Training (1970), Teacher
Effectiveness Training (1974) and Leader
Effectiveness Training (1980).

What do we mean by the term listening? Listening
means the ability to pay attention; the ability to
read between the lines by hearing what isn't being
said and paying attention to the messages of body
language; and the ability to be quiet and to ignore
outside things, while tuning in the person who is
speaking. Listening means to hear with an open mind
and to understand what is being heard without
formulating answers or interrupting. Listening
means to care, to feel, and to be present without
being distracted by personal worries. Listening is
the first step in defusing anger; it is a prelude
to counseling; and it helps in the establishment of
personal relationships and behavior management.

On the other hand, being listened to means to feel
understood, valued as a person, respected, cared
for, and accepted. When you are listened to
nonjudgmentally, you feel that your burdens are
being shared, that you might venture to say
something you wouldn't ordinarily express, and that
you are being allowed to clarify in your mind what
you are thinking or feeling. Being listened to
means feeling that you are being helped. As an
anonymous poet once expressed, "to be listened to
is to feel that your joys are being doubled and
your sorrows are being halved."

The art of listening is the cornerstone of
communication and the builder of trust. However,
listening does not come naturally--it is a learned
skill. It is an active process that must be
practiced and practiced. Therefore, listening is
critical and very difficult to do, but staff
members can greatly improve their listening ability
by learning the skills of active listening.

What Is Active Listening? Active listening means
communicating personal acceptance through the art
of listening. Active listening combines the skills
of empathy and feedback; it involves the receiver
(the listener) with the sender (the speaker). The
receiver is as active as the sender.

An active listener pays attention to the feelings,
the values, and the problems of the speaker,
offering reflective, clarifying feedback in an
effort to understand what the speaker is saying.
Offering feedback is not glamorous and is not meant
to be counseling. It is nothing more than
presenting an accuracy check of what is being
heard. It is an effort to ensure that the message
has been received and understood. The active
listener reflects with the speaker.

Active feedback is combined with genuine empathy.
The active listener also feels with the speaker.
Consequently, active listening is a method of
utilizing a basic attitude of concern, and without
this genuine attitude of concern, active listening
will often come off as false, empty, mechanical,
and insincere.

To make active listening work as a behavior
management tool, the juvenile careworker must want
to hear what the youth has to say and must
genuinely want to help at that exact moment. If the
worker does not have the time to listen (right
then), an appointment should be made to listen
later in the shift. The worker should not appear to
be dishonest or unconcerned by attempting to listen
while carrying on another activity or by not
devoting full personal attention to the youth.

Active listening also requires a genuine acceptance
of the youth's feelings, no matter how different
they may be from the worker's. Acceptance does not
mean agreement; it does not mean the worker has to
agree. It simply means showing personal acceptance
and concern for the youth's point of view. Active
listening also requires a feeling of trust that
youth have the capacity to learn how to handle
personal feelings and problems (Mann and Otto,
1968).

Finally, active listening requires a recognition on
the part of the worker that the youth is someone
separate from the worker, that the youth is a
unique person who someday will not need a worker,
and that the youth is a separate individual who
will have been helped or enabled by the worker to
have a personal life and identity.

Before using any other behavior management
technique, the juvenile careworker should use the
following rule of thumb to build relationships:
"When in doubt about what to do, use active
listening."

Leadership Interactions

The third category of relationship building is
leadership interactions. Leadership demonstrates
the use of assertive direction versus the issuing
of orders. Leadership is highlighted by four
dimensions: involvement, caring, control, and limit
setting (Aronoff and Wilson, 1985; Shulman, 1985;
and Glasser, 1980).

Involvement. Involvement behaviors are the
behaviors a leader exhibits to ensure that all
youth are included and involved in all possible
activities. These behaviors are also a personal
psychological measure of how socially comfortable a
worker is when joining in each activity.
Involvement is usually measured on a continuum that
ranges from underly social to overly social.

The underly social worker is the passive or
aggressive person who does not want to be involved
in the activities of the unit. This worker often
remains in a control room or office, constantly
seeks to leave the unit to run errands, or is
perpetually involved in meetings. Sometimes, the
underly social worker suffers from stress or has
simply lost interest in the program or the youth. 

On the other hand, the overly social juvenile
careworker feels a need to always be accompanied by
another person. The overly social worker will
create disruption in the unit by pulling other
staff members from needed tasks or by compelling
youth in the unit to leave activities to serve as
company.

The ideal involvement behavior is demonstrated by a
leader who wants to involve all youth in the unit
in every possible activity but who does not need
company or help for minor tasks. The ideal leader
also recognizes that every youth needs to be
included in activities, makes provisions for many
activities of varying skill levels, and provides
skill-building exercises for youth with weaker
performance in a particular area. 

Caring. Caring behaviors are the exhibited
behaviors of the leader that show a genuine
expression of concern or affection for the youth in
custody. This behavior is on a continuum of concern
that ranges from undercaring to overcaring.

The undercaring staff member is unaffected by the
circumstances and emotions of the youth in care.
This person often takes the attitude that it is a
cold, cruel world and that you have to be tough for
the streets. This person sees the detention ward as
a prisoner to be guarded, not as a person to be
nurtured. 

On the other hand, the overcaring leader sees every
person's trouble as his or her own and has
difficulty separating the youth's identity and
problems from his or her personal world. This
person will often not have time to help youth with
problem-solving behaviors and constructive
activities because of time spent performing
"rescue" behaviors. 

The ideal caring behavior exhibited by leaders is
the ability to be genuinely concerned with each
individual youth; however, this honest concern is
combined with a genuine recognition that each youth
must be taught problem-solving skills and helped to
learn self-control and self-management.

Control. Control is the third dimension of
leadership behavior. Control behaviors are on a
continuum of control ranging from "abdicratic" to
autocratic.

The "abdicratic" leader is not comfortable being in
charge and abdicates the position of unit leader
and control agent to the residents or other staff
members. The safety, welfare, and activity needs of
the residents cannot be met when the leader
demonstrates too many passive characteristics and
abdicates required responsibilities.

On the other hand, the autocratic leader
demonstrates too many aggressive characteristics
and jeopardizes the safety, welfare, learning, and
activity needs of the residents and other staff by
imposing personal will. This type of leader is more
than controlling; the autocratic person is happy
only when totally dominating each person and
situation. An autocratic person can never be
pleased because even when provided with conformance
to his or her original request, the person will
find reason to change the request.

The ideal leader in the control area is capable of
two types of behavior--democratic control and limit
setting. Democratic control means that staff
members are comfortable with the role of leader and
can allow the group of residents or other staff
members to express their ideas or feelings and to
make adjustments in activity plans. The democratic
leader can allow leadership skills to emerge from
the group without being threatened. However, when a
resident begins to challenge the safety and welfare
needs of the group, the democratic leader can
accept the fact that the role of leadership
includes the responsibility of limit setting.

Limit Setting. Limit setting, the fourth behavioral
dimension of leadership, is a prerequisite skill of
leadership. Limit setting usually fails because the
leader is confused about how to correctly perform
the task. For example, limit setting is often
inappropriately mixed with behavior management
techniques, such as counseling, that are more
appropriate in other situations, or it is
intermingled with inappropriate techniques, such as
aggressive (threatening) or passive (avoidance)
behavior.

Limit setting is an assertive behavior that must
contain three elements to be effective.

o A limit must be clear. Limits should be set in
one or two sentences: "John, please turn the
television down, or the rule says that I will turn
it off." Common mistakes include giving a directive
without explaining the consequence, masking the
limit by telling stories of what happened in
similar circumstances, or appealing to the group to
change a resident's behavior. Sometimes, a staff
member begins to mix counseling or problem solving
with the limit-setting directive. The use of
additional words tends to muddle clear
explanations. When it is time to set limits, issue
the directive clearly, explain the legitimate
consequence at the same time, and wait for
compliance.

o A limit must be concise. Closely associated with
clarity is conciseness. Clarity is aided by
brevity. Therefore, when it is time to set limits,
the directive should be issued, and the legitimate
consequences stated--all within one or two
sentences.

o A limit must be enforceable or "doable." This
statement means that a limit must be something that
the leader is allowed to do. 

The behavior being limited must violate some
existing rule. Good rule systems are developed over
a period of time and usually have considered all
necessary safety and welfare behaviors that will
arise in day-to-day activities. Limits should not
be issued in violation of these rules. The
residents know the rules as thoroughly as the staff
and will not be inclined to follow directives that
are illegitimate. Of course, limit setting
underscores the need for an adequate rule system.
Rule systems are part of the programmatic
(structural-environmental) process discussed in the
next section. Consequently, doable means that one
has set a limit about something that is legitimate
and explained the legitimate consequence for that
action.

Doable also means that the leader will actually do
something--which is why assertive and honest
behaviors are required of all leaders. Nagging,
bribing, and idly threatening never have a place in
the detention or corrections setting. Limits should
only be set to keep safety needs and proscribed
rules from being violated; once set, limits should
always be enforced. The failure to follow through
on limits that have been set will ultimately result
in a loss of group control. 

Counseling in the Detention and Corrections Setting

Counseling in the detention and corrections setting
is a very controversial topic. Therefore, before
examining the techniques and strategies of
counseling, a discussion is needed of what
counseling is and is not.

Counseling in detention is not case planning or
case management. Most juvenile court systems have
specific personnel assigned to these functions, and
unless a detention worker is assigned these
specific duties, they are not areas of legitimate
concern. Counseling is not "giving advice." Even in
the nondetention world, counseling is geared to
problem solving and helping persons discover the
appropriate answers for themselves. Most important,
counseling is not the only way to change behavior
or personality. In fact, counseling is only one of
many processes that should be used to manage or
change behavior.

In the broadest sense, counseling is everything
staff do and everything they say. Although in some
detention settings an attempt is made to forbid
counseling, this really is impossible to do in
detention. Those required to manage behavior are
also required to use communication skills and
counseling, in its appropriate context of solving
problems and teaching new behavior.

The detention and corrections worker is constantly
confronted with the problems of residents, and it
may seem that the problems are limitless.
Fortunately, all of these problems fall into two
broad categories, and they demand knowledge and
training in only two counseling techniques--
personal problem solving and conflict resolution
(Jacobson and Margolin, 1979; and Gordon, 1970,
1974, 1977).

The Problem-Solving Model

The problem-solving model is used when the resident
is presenting a problem that involves an individual
behavior or personal decision. Examples of these
problems include the following: "Should I go home,
or should I stay with my uncle?" "Should I take
English or math?" "Should I go to bed as requested,
or should I stay up?" The worker can help the
resident arrive at a workable solution by using the
three steps of the model:

(1) Recognize and define the problem.

(2) Examine the alternatives.

(3) Make a decision and take action.

Define the Problem. First, help the resident to
define the problem--which is not easy for most
residents. They are so used to not making decisions
that they simply avoid thinking about their
actions, or they are so used to blaming others for
their problems that they automatically define the
problem as someone else's, or they relate the
problem to another person's actions. For example,
"Kevin made a face at me; so I hit him." Many
residents do not easily recognize that their
behaviors and the causes of their problems are the
result of their own choices. Consequently, the
first step in problem solving is to get youth to
brainstorm about possible definitions and ownership
of the problem. The longer the list of possible
definitions, the more learning is available to the
resident. At minimum, a resident should be required
to produce three possible explanations or causes
for the problem situation. 

It is important to recognize that the definitions
must come from the youth, not from the worker. The
responsibility to solve the problem is the
resident's, not the worker's. The staff member must
know the method and teach it to the resident in a
step-by-step fashion. After the resident has
produced a list of possible definitions (reasons)
for the problem and has a basic recognition that it
is a personal problem to solve, the worker should
proceed to step two--examining the alternatives.

Examine Alternatives. The second step, much like
the first, begins with a brainstorming session to
identify possible actions to be taken in response
to the problem. The list of options should contain
the previous behaviors that the resident has used
to respond as well as all of the alternative
actions that the resident can construct. This list
must be developed by the resident, not the worker,
and the list must contain a minimum of three
alternative behaviors. When the options are listed,
the worker should engage the youth in a discussion
about what will happen if each alternative is
tried. In other words, each alternative must be
evaluated for its practicality and possible
consequences.

Decision and Action. The third step requires the
resident to make a decision and to take action.
Some youth may find this easy to do, while other
youth may require further brainstorming in three to
five smaller planning steps to see how to implement
the decision. Reinforcement for good decisions
should be provided, and sometimes, behavioral
contracts with the resident should be instituted,
if they are available in the program design.

Important Counseling Concepts 

o The problem is the youth's problem, not the
worker's problem. 

o Only behaviors involved in the problem should be
examined.

o The most important thing is to teach the model,
not to solve the immediate problem.

o Counseling should not be hurried. The staff
member should take all the time needed. (The model
does not have to be taught in one session; it can
be taught step by step.)

o The youth may become stuck on a particular step.
The session should be stopped to let the youth
think about the situation. 

o It often helps to have the youth write down
personal definitions, and it sometimes helps to
have the youth talk to other residents and return
for a second problem-solving session. 

o When the youth advances to step three (deciding
and taking action), the staff member should help
the youth to formulate a specific, small-step,
positive action plan (something the youth plans to
do rather than not do). 

o The plan should be formulated for the present,
not the future, and a way to monitor the youth's
progress should also be discussed.

Although problem solving is a three-step process,
it is not easy. The methodology must be taught to
the youth and may take repeated short sessions to
help the youth think through one solution. However,
the process is worthwhile. It means that as
counselors, staff do not need to know the answers
to every problem; they simply need to know and
teach the method to solve the problem. The future
behavior of the youth is still a personal
responsibility, but new behaviors can be discovered
through problem solving.

The Conflict-Solving Model

The second type of counseling situation that
confronts the detention and corrections worker is a
conflict between two or more residents. When the
problem is not personal and cannot be solved by
just one person, a variation of the problem-solving
model should be used. This process is usually
termed conflict solving or conflict resolution
(Jacobson and Margolin, 1979; Gordon, 1970, 1974,
1980; and Stuart, 1980).

Conflict solving, similar to problem solving, has
three important distinctions: (1) all parties that
are part of the conflict must be present to solve
it, (2) all parties must be part of the solution
for it to work, and (3) the process will take more
time and effort by the detention worker, requiring
five steps instead of three:

(1) Set ground rules.

(2) Identify the problem. (This is crucial.)

o Have one party make an "I" statement.

("This is how I see the problem.")

o Have the second party listen.

o Have the second party offer feedback (only on
what is heard).

o Reverse roles.

(3) Determine ownership of the problem.

(4) Examine the alternatives, searching for an "I
win-you win" solution.

(5) Make a new behavior rule and take action. 

Ground Rules. First, the counselor role requires
the staff member to set the ground rules. The staff
member will tell people where to sit, will decide
who will get to speak, and will let only one person
speak at a time. It is very important for the staff
member to be neutral and fair during the session
and for the staff member to be viewed as the person
in control. Staff must be assertive and demonstrate
equal concern for all parties and for the process.
The outcome cannot be predetermined or solved with
an order. Staff must also teach each person the
meaning of "I" statements. (See the listening
models of Dr. Thomas Gordon.)

Identify the Problem. The second step is similar to
step one of the problem-solving process--the
problems must be identified. One person will be
selected to identify the conflict as he or she sees
it and will be given as much time as needed to
clarify the situation from his or her perspective.
Opinions about the conflict must be limited to "I"
statements, and each time a blaming statement, such
as "you" or "they" statements, are used, the
speaker must be corrected by the careworker.

The second person (or additional persons) involved
in the conflict will then be asked to offer
feedback to the first speaker, using "I" statements
to explain what he or she heard the first person
say. This is a very important step. The second
person is not offering a second definition of the
problem but rather is stating, "This is what I hear
you saying."

Staff will address the first person and ask him or
her to clarify if that is what he or she actually
said. If the meaning was missed, the first person
will respond with a clarifying "I" message, and the
second person will be asked again to state what he
or she heard. Usually, a great deal of time is
spent in this area because most conflicts result
from a lack of good communication skills and a lack
of listening ability on the part of the persons
involved.

The careworker must be wary of being drawn into the
conversation by questions from either party. The
persons in conflict must speak to each other,
listen to each other, and limit their opinions to
"I" statements. When the careworker feels that the
first person has thoroughly clarified his or her
personal definition of the problem and has been
understood by the second person, the careworker
will have the persons reverse their roles and begin
the process again.

When step two has been completed, both persons
should be able to restate the other person's
definition of the problem. It is usually helpful to
reduce these definitions to writing. Although
simple in nature, step two is often a lengthy and
emotional process, and the session may have to be
interrupted and continued at a later time.

Ownership. Step three requires an acknowledgment by
each person that the conflict is mutually owned. In
other words, the conflict is the problem of all
parties concerned. It is not just one person's
problem behavior that has caused the conflict. 

Search for Solution. Step four is a search for
possible solutions to the problem. Again, the
careworker will ask one person to clarify his or
her solutions using "I" statements, such as "This
is what I would like to have happen." The second
person will be asked to listen and repeat what he
or she heard the first speaker say. After the first
person has had the opportunity to list possible
solutions, the roles will be reversed. The
careworker will now have both parties evaluate the
possible solutions with a goal of finding a
compromise or an "I win and you win" solution. It
is also advisable to brainstorm the solutions and
consequences in writing.

Positive Agreement. Finally, the compromise (step
five) should be stated as a new behavior rule
between the parties, and this compromise should
also be a positive agreement, such as "In the
future, I agree to ...." It is also better to
finalize the agreement in written or contractual
form. The careworker should deliberately take as
much time as needed during the conflict-solving
process to ensure that new learning is actually
taking place and to make the process time consuming
so that both parties will be committed to the
solution.

Problem solving is difficult for residents because
it requires personal responsibility and growth.
Although the problem-solving and conflict
resolution processes also require staff effort,
these processes are less painful and more
productive than the alternative behavior management
techniques required to control constant conflict
and fighting in the unit. Finally, the learning of
these two models by the residents will promote life
skills, self-management, and permanent behavior
change, making it worth all the effort. 

The Teaching Relationship--The Juvenile Careworker
as a Model

Teaching appropriate behavior is not limited to the
classroom or to group and individual counseling
sessions, although these forums are very important.
The most powerful behavior management tool
operating for the juvenile detention and
corrections worker is self-management, and the most
important relational interaction taking place is
behavior management through modeling. Modeling is
the teaching of appropriate conduct through
appropriate staff behavior. Lewin's (1946) behavior
formula is always at work. The behavior of the
residents in the institution is the product of
staff interactions, and everything that a staff
member does is an interaction and a teaching
influence.

The behavior (modeling) of each staff member has an
observational learning effect (Bandura, 1986).
Modeling teaches rule learning, component skills,
new patterns of behavior, judgmental standards, and
cognitive skills. Staff behavior serves as a social
prompt that can activate, channel, and support
behavior in the resident observer. Staff behavior
has the full focus and attention of all the
residents, and staff behavior has an "arousal
effect" on the residents. In other words, the
emotions and behaviors of the models tend to be
replicated in observers and tend to develop
anticipatory emotions about events and the
environment. The staff member's actual behavior
(not the written rules) will be echoed and
choreographed by the residents.

Staff members are seen as the most powerful and
important models in the detention and corrections
environment. The more attractive the staff member,
by any means of measurement, the more influential
the message. Therefore, modeled staff behavior will
teach self-management and inhibit negative
behavior, or it will teach using aggression,
sarcasm, argumentation, and loss of control.

Juvenile careworkers are called upon to be teachers
throughout the day, in every area of daily life--
how to shower, how to eat, how to clean, how to
play a sport or game, how to act in group, how to
solve problems, how to learn math or English, and
how to behave. New learning never stops, and the
teaching interaction never ends. Consequently, it
is worthwhile to contemplate how to present new
learning in the clearest and easiest manner.

New behaviors and self-management can be taught by
three teaching processes: attention,
production-retention, and motivation (Bandura,
1986; and Mahoney, 1974). 

Attention. The attention (attentional-informative)
process is concerned with how the behavior or skill
to be learned is presented to the learner. This
process includes building a positive atmosphere to
accept the new learning, getting the person to
notice the model (by demonstration or visual aids),
choosing a skill that the learner can understand,
and building an expectation for positive
consequences associated with implementing the
skill.

Production-Retention. The production (performance)
and retention of new learning is aided through
constant modeling by the staff and by teaching the
skill in small steps with good instructions on how
to do the skill. Retention is also aided by
cognitive and behavioral rehearsal because much of
what is modeled cannot be easily or immediately put
into action. Cognitive rehearsal (imagining how to
do the skill) heightens attention, increases
motivation, and helps to clarify conceptions of the
new activity. Behavioral rehearsal means to
practice the skill, with the opportunity to receive
constructive feedback.

Issuing orders, rewards, and punishments will not
automatically produce good behavior. Even modeled
behaviors cannot always be recreated by children
who do not know how to perform the behavior. Youth
need the opportunity to receive coaching and to
practice what may often be seen as common sense or
basic skills. 

Motivation. There is a difference between the
acquisition of a skill or behavior and the
performance of the behavior. Motivation plays an
instrumental role in the acquisition and production
of new behaviors. Although new behaviors are
usually prompted into action by providing positive
incentives, the major function of incentives is to
create an antecedent condition--the anticipation of
a consequence for performing the new behavior
rather than the actual consequence.

Motivation is also provided through vicarious
means--which means that a person can learn and
profit from observing the successful and
unsuccessful behavior of others. The observed
behavior of other residents can lead a youth to
participate in the modeled activity, and the
observed social comparison of the results can
change the value of the reward or punishment.
Therefore, observing results can change the level
of personal motivation. Observing rewarded outcomes
helps create positive performance, while observing
unrewarded positive behavior may decrease desired
positive behavior. Likewise, observing negative
behavior being punished will decrease unwanted
deviant behavior.

Consequently, observing the results of another
person's behavior is more powerful and perhaps more
beneficial than personally receiving the
consequences. In fact, human experience would be
perplexing and even disastrous if persons could not
learn to anticipate consequences or develop
problem-solving operations and self-motivational
behavior from the observation of others (Bandura,
1986). 

Motivation affects the total learning process.
However, incentives other than vicarious modeling
influences are usually programmatic consequences,
which will be more fully discussed in the next
section.

Crisis Interactions

The term "crisis" needs definition. Crisis usually
refers to an event that appears to be out of
control. It is not a crisis when a resident has
lost self-control and the staff member knows what
to do. It is only a true crisis when a resident has
lost self-control and the staff member does not
know how to manage the situation. The latter
situation should never occur in detention and
corrections settings. Consequently, the term crisis
interaction is a category of personal interactions
for juvenile careworkers when the youth has lost
self-control or feels that his or her personal
world is in crisis. 

This definition reflects the Chinese symbol for
crisis, which combines the symbols for the words
danger and opportunity. In other words, when youth
feel that the present limitations of their
knowledge and behavior have created a dangerous
situation, the detention and corrections staff
member is presented with an opportunity to teach
new information and learning. To interact
effectively at the time of resident crisis, a staff
member needs to use a prelearned model of
interaction, such as the following four-step model
for assessment and intervention (Griffis, 1975):

----------

Crisis Assessment and Interaction Model

Assessment of
Resident's Behavior               Staff Interaction

Anxiety                           Approval and
                                  Active Listening

Aggression                        Limit Setting

Physical Assault                  Safe Physical
                                  Management

Arrest of Anxiety                 Counseling

----------

In this assessment and interaction model, the first
staff action is assessment. It is possible for the
resident to be at any one of four stages of
personal crisis behavior, with an appropriate and
different staff intervention for each stage.
Assessments are always determined by the actual
behavior observed by the staff member.

Anxiety. The first resident behavior stage is
anxiety--which means that the resident is
demonstrating a noticeable change in daily
behavior. The resident may be showing physical
symptoms of agitation or may be withdrawing from
the group. The appropriate staff interaction at
this time is to draw near to the resident, offer
nonverbal signs of concern, and ask whether the
resident would like to talk. The purpose of this
interaction is simply to show the resident that the
worker is aware of the anxiety, is concerned, and
recognizes and approves the resident's right to be
anxious. If the resident agrees to talk about the
problem, the only technique that should be used is
active listening. Counseling is not appropriate at
this time because counseling only works when a
resident is calm and when personal anxiety is
arrested (stopped). Notice that counseling is a
level-four interaction. In other words, the purpose
of using approval and active listening is to arrest
the resident's anxiety.

Aggression. The second resident behavior stage is
labeled aggression and refers to verbal aggression.
The resident has demonstrated a loss of emotional
self-control, has refused to follow instructions,
or has started to threaten others. At this point,
the appropriate interaction is to set limits
assertively. This situation does not call for
approval, listening, physical management, or
counseling. Limit setting, as discussed previously,
has been found to be the most effective way to
defuse potentially explosive behavior.

Physical Assault. The third possible behavior stage
of the resident is physical assault. The goal of
all personal interactions should be to handle every
situation verbally. However, if the resident
progresses to the state of physical attack, then
the only legitimate and safe procedure is to use an
approved physical management technique and to
remove the resident to a behavior management room
or hold the resident until he or she calms down.
Safe and approved physical management techniques
require extensive training and procedural
safeguards. However, if the resident does actually
use physical force, the staff member should use
physical restraint. This situation does not call
for counseling, limit setting, or active listening.

Arrest of Anxiety. Stage four, arrest of anxiety,
is the eventual result of any appropriate crisis
interaction. Usually stage-four behaviors follow
level-one or level-two behaviors because when
active listening is used for anxious behavior or
when appropriate limit setting is used for verbal
aggression, residents will calm down and be ready
for the problem-solving process. Most of the time,
a resident is practicing level-four behavior, is
calm (anxiety is arrested), and is ready for
counseling. Again, counseling means using one of
the two models of counseling discussed earlier in
this section. If a resident begins to show signs of
anxiety during counseling, the worker should simply
revert to active listening. 

The real value of this crisis interaction model can
be realized when staff members learn to evaluate
the four levels of resident behavior and to apply
the staff interaction appropriate to that level.
Using an intervention designed for a different
level is to do more or less than required by the
situation, and either type of interaction will only
escalate the resident's crisis behavior. Proper use
of the verbal techniques discussed in this model
will also nearly eliminate the need for physical
management responses.

Ten Common Interactional Problems of Juvenile
Careworkers and Suggested Solutions

o Lack of Structure. Failing to provide adequate
structure for the group often comes from a lack of
understanding of or training in detention and
corrections practice, adolescent development, human
behavior, principles of behavior modification,
program goals, program rules, problem solving, and
interactional skills.

Solutions. Possible solutions to this problem
include training and education in the
above-mentioned areas, formulation of workable
program goals and procedures if they are missing,
formulation of a personal philosophy that outlines
an understanding of the above-mentioned areas, and
discussions about the structure (rules and
procedures) with all residents to ensure that they
understand acceptable behavior in the unit.
Structure also takes daily effort. Unit reports,
case notes, admission material, medical data, and
personal relationships must be reviewed on a daily
basis.

o Lack of Planning. Behavior management cannot be
accomplished without a set of preplanned schedules,
routines, and activities. 

Solutions. At a foundational level, this means a
planned routine for each shift for each day of the
week. From a more individual perspective, planning
means for each person to know exactly what he or
she is responsible for today, tomorrow, this week,
and next week. Activity schedules usually have some
flexibility built into them, and staff schedules
often vary. Therefore, it is important to have a
daily list 

of planned activities that is reviewed at the
beginning of the shift. A second meeting should be
held at the end of each shift to preview the next
day's activities and staff assignments. A weekly
team meeting should also be provided to discuss
long-term plans and organizational changes.
Finally, all plans should be established in written
schedules and memos; an unwritten plan is not a
plan.

o Lack of Respect. Lack of respect is shown by not
assigning responsibility to others and by not
demonstrating courtesy and concern for residents
and other staff members.

Solutions. It is important for juvenile
care-workers to examine their caring behavior 

and their personal philosophy about the abilities
and capabilities of other persons. Most human
beings have the same needs and capabilities. We
need safety, love, fun, power or recognition, and
freedom. We also have the capabilities to learn and
to achieve. Even in-appropriate behavior has been
learned through behavior modification principles
and can be unlearned. Likewise, new behaviors can
be learned as replacements. Courtesy and respect
will reap a return of courtesy and respect.

o Lack of Anticipation and Preparation. Most
day-to-day hassles occur because attention is not
paid to small details.

Solutions. Take planning to its next logical step.
If the plan calls for a checkers tournament, make
sure that there are enough sets of checkers and
game boards. If a quiet activity is planned, check
the room before a group is allowed to enter and put
away the active equipment (loose boxing gloves,
basketballs, or field hockey equipment). Unsecured
equipment will always be put into play by some
group member. Clean up and have ready an activity
area for the next group. Anticipate the next group
leader's problems and help prevent them. Activities
requiring transportation are a special concern.
Check to see that the needed vehicles, fuel, and
keys are avail-able before picking up the group.
Put staff members at both ends of the group while
walking and keep potential runaway youth close at
hand.

o Lack of Adequate Directions. Poor resident
performance is often a result of not understanding
a rule or not knowing how to perform a particular
behavior properly.

Solutions. Offer instructions instead of orders.
Explain rules and procedures in small steps. Ask
residents for questions. Set all rules and jobs in
written formats with small, easy steps. Hold
classes and group sessions on how to perform
particular behaviors and jobs. Most important,
model appropriate behavior at all times--which is
the best type of direction.

o Lack of Resident Involvement. Many group problems
occur because only special children are included in
some activities (for example, only good basketball
players) or because juveniles with serious behavior
deficits are excluded. Sometimes youth are excluded
so that staff members can play in the activities.
Lack of involvement in appropriate activities leads
to participation in undesirable activities.

Solutions. Exercise great care to ensure that all
youth have the opportunity to be included in the
activities they would like to try. Many times, this
care will necessitate using checklists or special
training and coaching sessions or using classroom
volunteers and tutors to help youth with special
needs or insufficient skills.

o Lack of Staff Involvement. Often, this lack of
involvement is exemplified by staff members who
remain at desks or in chairs and control rooms.
Regardless of how it appears, it means that these
staff members have started to exclude themselves
from contact and activities with the residents.

Solutions. The best solution is self-examination.
Sometimes, staff members begin to feel stress
caused by work or external situations and slowly
start to withdraw from daily activities. Sometimes,
lack of involvement takes the form of doing
legitimate work at illegitimate times, such as
doing unit notes, reports, planning sheets, or
schedules (all legitimate tasks) when the group
needs supervision or attention. Another form of
this behavior is to schedule meetings during unit
activity times. Sometimes, workers are on the unit
but withdraw from the group, making themselves
unavailable. After a period of self-examination, if
workers feel that they are withdrawing, they will
need to self-apply the problem-solving techniques
described in this section. 

o Lack of Personal Relationships With Residents.
Lack of personal relationships is usually a result
of not knowing the group members and not using
trust-building interactions, or it may be the
product of an underly social behavior pattern on
the part of a staff member. 

Solutions. Behavior management is based on
individual knowledge of each child. Each child
should be known by his or her full name. From time
to time, the use of title and surname adds to a
feeling of maturity and respect ("That was a very
good job, Mr. Smith"). Staff should always
introduce themselves to new residents and should
always introduce new residents to the group. The
group is always changing. New people enter every
day, and older group members leave. Each group
member also changes. One resident may have a
successful day, while another resident may learn of
a family problem. The group is never the same, even
if it is composed of the same people who were
present yesterday.

Quiet times should be spent in getting acquainted,
and all records on each resident should be read.
Group discussions and activities help to build
acquaintances and to reveal important facts about
each other. Residents need to be listened to and to
feel that the staff are concerned for their safety
and welfare. They also need to feel that the rules
are fair and that staff will enforce them fairly.
Good personal relationships emerge from true
concern, honesty, prudence, and listening.

o Lack of Recognition for Positive Performance.
Lack of recognition usually is a result of weak
observational skills, lack of training in behavior
modification principles, or a lack of genuine
concern for the residents.

Solutions. Read and apply the principles discussed
in the next section. Increase personal recognition
of small improvements in behavior or skill on the
part of an individual resident or the group.
Success reproduces success. Staff members should
apply most of their efforts to rewarding good
behavior and positive effort. This type of activity
will result in a positive unit atmosphere and
optimal positive activity by each resident. The
term behavior management often carries negative
connotations because staff are looking for negative
behavior. The easiest and most fulfilling type of
behavior management is the recognition of good
behavior.

o Lack of Flexibility. Lack of flexible behavior
patterns and/or tolerance is usually the result of
rigid thinking patterns or lack of training.

Solutions. The need for flexibility may be
difficult to grasp because of the important and
appropriate emphasis placed on planning and
structure. However, work in a human environment is
always changing, and this change requires human
flexibility. Special events are planned and then
postponed; staff members and volunteers call in
sick; and the group is always changing. Flexibility
is an attitude. The happiest people in residential
settings are persons who enjoy the ever-changing
nature of the group. They are also people who are
happy with the challenging work. Flexibility is
also a behavior, and it is easier for staff members
to be flexible if they have done some anticipatory
planning for the next unusual day they might
encounter. Planning also means setting aside some
"rainy day" ideas and activities for the next small
group, large group, or tour group that was not
expected.

Tolerance is also an important issue. Delinquent
youth do not know how to behave appropriately and
often do not value appropriate behavior. Changing
delinquent behavior patterns and value systems
takes time. Consequently, tolerance of minor
nuisance mannerisms and recognition of slow
progress while youth are learning new behaviors is
an important skill that must be acquired by each
detention staff member.

Summary

This section has discussed six categories of
personal interaction strategies for behavior
management: personal understanding, relationship
interactions, leadership interactions, counseling
interactions, teaching interactions, and crisis
interactions. Examples of common interaction
problems demonstrated by detention staff have been
provided, and some possible solutions have been
outlined.

Personal interactions are greatly enhanced by good
program design and an appropriate awareness of
structural and environmental concerns. The next
section is devoted to a discussion of these
matters.

Part II: Programmatic Strategy

Programmatic strategies are interaction strategies
that are related to the structure and environment
of the detention and corrections program. These
strategies are sometimes referred to as structural
or environmental influences or as the program
design. The personal interaction strategies
discussed in the previous section are fundamental
elements in behavior management (Griffis, 1994),
but personal interaction strategies are totally
interrelated with structural or environmental
factors and should be guided and controlled by
program design. Consequently, the ideas presented
in this section will continue to expand personal
understanding in relation to the premises of the
previous chapter.

To understand the impact of program design, Kurt
Lewin's (1946) behavior formula must be reexamined-
-the behavior of a person is the function of the
interaction of that person's personality and his or
her present human and physical environment [B = 
(P,E)]. As previously discussed, this formula means
that a resident's behavior is the result of a
learned personality interacting with the personal
influence of the detention worker in the detention
environment. 

The detention environment is both physical and
human. The average person may incorrectly believe
that the physical environment is the most important
element in behavior control. It is important to
understand that although the physical environment
has an influence on behavior and behavior
management, it does not have the greatest
influence.

The Physical Environment

Properly designed physical environment can be very
beneficial. A building that is bright, pleasant,
and clean can help the staff and residents feel
happy, valued, and safe. Modern detention designs
need to pay more attention to natural light,
adequate interior lighting, sound control, adequate
room size, heating and ventilation, color schemes,
and adequate space for classrooms, recreation,
counseling, visiting, and outdoor activities. 

Building design greatly affects safety and
security. A proper detention facility should meet
the following requirements: 

o Be constructed on one level of durable and
fireproof materials.

o Provide adequate lines of vision for the entire
group.

o Be totally sound monitored and, if possible, have
visual monitoring capability.

o Have the security equipment and monitoring
equipment located in an area separate from the
residents.

o Have high ceilings.

o Have modern, unbreakable furniture.

Although the building cannot substitute for an
adequate number of highly trained professional
staff, a poorly designed building can create
behavior problems and seriously jeopardize safety
and security. A poorly designed building will also
create the need for additional staff and
maintenance, greatly increasing long-term
operational costs. There is an old maintenance
adage that says, "In detention, you will eventually
do it right."

Although building design cannot be adequately
covered in this discussion of program design,
references on the subject are included in the
bibliography at the end of the Desktop Guide. The
important concept included in the behavior formula
is that the physical environment has a continuous
influence on the detention atmosphere and a
constant effect on staff and resident behaviors.

Controlling the physical environment means more
than controlling the design of the building. Many
of us will never have the opportunity to design a
new detention building, but all of us have the
ability to control the daily use of physical space.
Cleanliness, use of equipment, and the positioning
of furniture are a few of the significant aspects
of environmental structure that are usually under
the total control of the staff.

The Human Environment

Environment is not limited to a discussion of
physical space. Most of the environment in a
detention setting is humanly structural--which
means that the environment and atmosphere of the
detention facility is mainly created by the program
structure, and in this situation, there is absolute
human control. A poorly designed building is daily
trouble. A poorly designed program is a behavior
management disaster.

What Are the Human Components of Behavior
Management? Every detention program needs to have a
theory of behavior management and a set of rules,
activity components, and staff procedures to
outline and implement the theoretical structure.
The program should operate on the basis of what we
know about human psychological development and the
modification of behavior. Program theory must also
include relevant learning principles because old
behavior patterns, values, motives, and
rationalizations have been learned, and new
learning must be introduced to each detention
resident if rational self-controlled behavior is to
be achieved.

Activity Components. Activity components are the
day-to-day activities that are provided for each
resident. Choice of activity components should also
reflect the theory of the program. Activities
include every element of required behavior, ranging
from time set aside for personal hygiene and
personal room cleaning to classroom learning, group
discussions, and recreation. Time spent in each
activity should reflect the value of the activity
within the philosophy of the detention and
corrections program. Each activity should be
conducted with attention to the rules and the
learning theory of the program. In other words, if
education is valued, then the time, rules, and
theories of teaching and learning should receive
emphasis in the program. If watching television is
to be valued or devalued, then the time, rules, and
relevant theories of visual communication and
learning should be examined and given appropriate
emphasis in the program. If individual
responsibility and work is deemed to be of value,
then the program's rules, time allotments, and
theories of learning need to be examined and
designed correspondingly. 

It is important to realize that the behavior
formula always works and is always at work.
Detention and corrections programs and daily
activity structure dictate the values and behaviors
being learned or unlearned. Programs of excellence
are deliberately constructed with careful attention
to values, learning theory, behaviors desired
(rules), and individual behaviors to be modified.
Good behavior is not required; it is taught. The
idea of activity construction is a very important
part of the structural environment. It is also
important to note that many programs simply borrow
a daily schedule from some other facility and never
consider if the choice of activities and time
devoted to the activities are a major source of
behavior management problems.

A Note on Procedures. Procedures are for the staff.
Every program should have a detailed procedure
manual to provide a guideline on how a required
task should be performed or a required report
completed. Procedures are not rules, and they are
not for residents. Rules are for residents and
staff. Rules should be few in number and minimal in
length. Procedures should always be in written form
and should be as concise as possible, although they
can be lengthy if needed.

Procedures serve five purposes: (1) they make new
staff aware of needed tasks and the competencies
required for each task, (2) they help staff clarify
the appropriate steps needed to accomplish the
task, (3) they act as training aids, (4) they help
staff achieve consistency, and (5) they increase
the safety of the staff and residents. Procedures
are a valuable part of the structure but are not
usually given much emphasis in behavior management
discussions. On the other hand, rules require the
indepth discussion of the next section.

The remaining program structure in the detention
and corrections setting is usually thought of as a
set of rules and a theory of behavior change and
management. Hopefully, a set of rules will never be
constructed without an understanding of and clear
adherence to good behavioral theory as outlined in
the remainder of this discussion, using a synthesis
of ideas from the following authors: Bandura, 1986;
Kendall and Braswell, 1985; Thomas, 1984; Stuart,
1980; Meichenbaum, 1978; Axelrod, 1977; Kazdin,
1975; Mahoney, 1974; Griffis, 1989, 1972; and
Homme, 1970.

Program Rules

The Purpose and Construction of Rules. Rules in a
detention and corrections setting are clear
definitions of expected behaviors. The purpose of a
rule is to explain to staff and residents the
required standard of behavior and the consequences
for following or not following the rules. Rules
explain acceptable and unacceptable behavior, while
functioning as a contract between the residents and
the program staff.

How To Construct Rules That Work. The golden
principle of rule writing is to write simple rules.
Rules should make sense, but they are not common
sense--which means that new residents and staff
will not automatically "sense" the rules. When they
are told about a rule, they will not automatically
know the meaning of the rule or the consequences of
violating the rule. Consequently, rules should be
constructed in the following manner to facilitate
the ability to help behavior management. 

o State rules in positive terms whenever possible.
Tell people what you want them to do, not what you
do not want them to do. Telling a person not to do
something, such as "don't ask a question in that
manner," does not explain how you want the question
asked. If a rule must be written as a don't, limit
the rule to a dangerous behavior (e.g., don't
fight).

o State the rule concisely in one or two sentences.

o Put the rule in writing. The rule is a contract,
and if it is a good rule, it should last for a long
period of time without the need for change.
However, in the event of a rule change, put the
change in writing.

o Explain the rule. Rules should be in a resident
handbook and posted where staff and residents can
easily see them. Explanations of the rules should
be given to new residents, and training classes
should be given to new staff and residents. Posters
help with explanations and help to remind people of
the rules. Complicated rules can have additional
explanations or guidelines written for staff and
residents, but the rule itself should always be
stated in one or two sentences. Put the
explanations in separate teaching handouts so that
the rules will stand as a small list of simple
statements.

o Seek input for the rules. At minimum, staff
should have input into the meaning of rules. This
process will help to clarify the rules for all
concerned, and clarity will help simplify the rule.

o Secure staff commitment to the rules. The major
difficulty in rule achievement is consistency in
adherence and enforcement by the staff. Without
consistency, 30 staff members can result in 30
different interpretations of each rule. Staff
members also have individual value systems and tend
to emphasize rules differently. Program rules
should always explain the program's value system,
and that value system should be emphasized by every
employee. Inconsistency in interpretation and
enforcement will result in resident misbehavior.
The basis for good rule enforcement is staff
understanding and commitment. 

o Keep rules to a minimum. Normally, 8 to 12
well-written rules can cover a complete day of
activities and achieve responsible behavior. A long
list of rules will never be remembered or
consistently enforced. Consequently, more rules
lead to more misbehavior, and fewer rules result in
less misbehavior.

o Remember that simplicity is elegance. It is also
very hard work. Good rule making and writing will
usually require 3 to 4 hours of effort per rule,
even under the guidance of a very good facilitator.
However, the construction of the rule system, like
the construction and negotiation of any contract,
is the key to its success.

Observation: The Overlapping and Fundamentally
Critical Skill. How are rules enforced
consistently? Good rule construction and
enforcement emerge from and are dependent on one
fundamental staff skill--the critical observation
of behavior. The skill is sometimes referred to as
behavioral description, behavioral definition,
targeting, pinpointing, or behavioral recording.
Regardless of the term used, the skill remains the
same: (a) the ability to observe behavior
accurately and (b) the ability to correctly
describe or define the observed behavior to someone
else so that he or she acquires the same
understanding of the behavior. The skill of
observation overlaps the areas of rule construction
and enforcement and is equally critical to both.

Behavioral Definition. Behavioral definition means
to describe an event or situation so clearly that
someone else could take the description and see the
behavior as though it had been recorded on film or
videotape. The skill consists of describing
someone's behavior in terms of what that person
said or did, including when and where the
particular behavior occurred. Critical observation
and definition will help staff communicate more
precisely and directly with others and have less
chance of being misunderstood. Good communication
is difficult, and people have different viewpoints
about the definition of many commonly used terms,
such as "friendly," "depressed," "hostile,"
"fronting," or "manipulative." Consequently, these
terms can better be defined as labeling rather than
describing.

When using behavioral observation and definition
for rule writing, it is usually best to describe
and discuss a number of specific examples to help
clarify the target behaviors to be increased or
decreased. This discussion also enables the staff
to see and describe the specific elements of the
behavior that need to be placed in the rule.
Finally, good description skills help staff to
write the behavior in positive terms, while good
observation skills enable staff to recognize
compliance and positive effort on the part of the
residents attempting to follow the rule. 

The observation and recording of behavior can be
facilitated by keeping in mind the following simple
questions:

o What does the person do and say or fail to do and
say that brings about the problem or situation?

o When and where (in what situation) does the
behavior occur or fail to occur?

o Is the behavior readily observable, and does it
actually exist?

o Is the description of the situation free of words
that label the behavior rather than describe it?
(Can the frequency be measured?) 

Remember, critical observation helps to maintain
objectivity, facilitates communication about
targeted behaviors, and simplifies the rule making
and enforcement process. Also, remember that a
behavioral observation must describe exactly what
someone says or does. It must also state when and
where a behavior occurs or should have occurred.

Rule Enforcement. When a rule has been established,
the pattern of observation must be expanded to
allow for successful intervention or behavior
management. This pattern of observation and
intervention uses a second formula, usually
referred to as the A-B-C formula. 

A complete description of any behavior for behavior
management purposes includes a description of the
observable antecedents (A) preceding a behavior, a
description of the behavior (B), and a description
of the consequences (C) of the behavior. This
process of describing antecedent conditions,
frequency of targeted behaviors, and consequences
is often referred to as behavioral assessment
(Kazdin, 1975) or the A-B-C formula.

Most people focus their rule enforcement on the use
of consequences. Some consequences strengthen
behavior--which means that they increase the
probability that the behavior will occur again in
the future. Other consequences weaken behavior and
decrease the probability that the behavior will be
repeated in the future.

Both nature and program structure are continually
providing consequences for a resident's behavior.
Therefore, it is very important to recognize that
consequences affect behavior and to analyze whether
or not the consequences provided by juvenile
careworkers actually have the desired effect. The
consequences of behavior determine behavior
strength because individuals find a particular
consequence either desirable or undesirable. 

Antecedents. Antecedents determine behavior in a
different way. Antecedents affect behavior not
because they are desirable or undesirable
themselves but because experience teaches that
particular antecedents become associated with a
particular behavior that will be followed by a
particular type of consequence. In fact, research
by Albert Bandura of Stanford University (1986)
highlighted that the anticipated consequence was
one of the strongest motivators for behavior and
had equal or more influence than the actual
consequence received. 

Behavior. Critical observation provides an
opportunity to discover what antecedents and
consequences consistently precede or follow
targeted behavior, and it helps evaluate whether or
not the behavior the resident is performing is
serious enough to warrant intervention. If the
antecedents or consequences that consistently
surround a targeted behavior cannot be easily
identified, it does not mean that a behavior
modification procedure cannot be used. The
consequences provided in modifying behaviors are
observable, and it is possible to evaluate their
effects on the behavior.

However, it is imperative not to develop the habit
of using only consequences to modify a behavior.
Sometimes, a behavior can only be changed by
modifying the antecedent conditions, and many
times, antecedent conditions such as learned values
are more powerful than program consequences.
Consequently, a program's structure should include
group discussions and teaching formats to clarify
important values, motives, and rationalizations.
Remember that in the name of the A-B-C formula, A
comes before B, and B comes before C--the
antecedent precedes the behavior, and the behavior
precedes the consequences.

Achieving Good Behavior

Programmatic strategies include more than rule
systems, activity components, and staff procedures
to outline and establish needed structure. The
detention and corrections program also needs to
understand and follow the theory of behavior
management. Probably the strongest theories of
behavioral learning and management are Bandura's
Social Cognitive Theory (1986) and the principles
of behavior modification described by Thomas (1984)
and Kazdin (1975). In simple terms, behavior
modification theory states that specific techniques
may be employed to increase certain behaviors, and
other techniques may be used to decrease additional
behaviors. It is also important to return to
Lewin's behavior formula and realize that whether
the appropriate technique is employed or not, the
formula is always working. Behavior in the
institution is always being reinforced or modified.
Therefore, if staff members do not recognize and
reward good behavior in the environment, they will
automatically be increasing unwanted behavior. It
is imperative to be aware of the programmatic
(structural) environment and to use techniques that
increase desirable resident behaviors.

Increasing or Accelerating Behavior

Behavior may be increased through the use of
positive or negative reinforcement techniques.

What Is Reinforcement? Reinforcement refers to the
procedure of following a behavior by a consequence
(reinforcer) that increases response strength--
which means that reinforcement increases the
probability that the behavior receiving
reinforcement will be exhibited again in the
future. A reinforcer is a contingent event that
increases the frequency of a behavior. Hence, a
reinforcer is any consequence that follows a
behavior increasing the frequency of that behavior.
It is crucial to understand that reinforcement
accelerates both desirable and undesirable
behavior. Therefore, only desirable behaviors
should be given reinforcers. Reinforcement may
consist of either introducing a positive
consequence or terminating a negative consequence
whenever a specific target behavior occurs.
Reinforcers are also referred to as accelerators
(Thomas, 1984).

What Is a Positive Reinforcer? A reinforcer is
referred to as a positive reinforcer only if it
increases another person's behavior and if it is
viewed by that person as a reward when presented as
a consequence. Positive reinforcement is defined or
determined by the receiver in a process very much
like the receiving of a present; some presents are
loved by the receiver, while some are returned to
the store.

What Is Negative Reinforcement? Negative
reinforcement is probably the most misunderstood
term in behavior modification. Many people believe
that it means to punish a person or give him or her
a negative consequence. But it is easily seen that
the two terms "negative" and "reinforcement" would
then contradict each other, which is not the case.
Remember, reinforcement means to increase or
accelerate the behavior. Therefore, negative
reinforcement means to increase a desirable
behavior by removing a negative consequence that
was already in place.

Formally stated, negative reinforcement is a
procedure by which an increase in the frequency of
a response is obtained by removing an aversive
event immediately after the targeted behavior is
performed. Negative reinforcement requires an
ongoing aversive event that can be removed after a
specific response is performed.

A good example of using a negative reinforcer
occurs when a parent removes a child from being
temporarily grounded for not doing homework. The
family has enacted a rule stating that if homework
is not done, the youth will have to stay inside the
house and be grounded. In an effort to make the
child do the homework, the parent presents a
temporarily negative condition--grounding (a
punishment). But when the child decides to do the
homework, the negative event is removed, and
consequently, the probability that the child will
do homework on time tomorrow is increased
(reinforced). 

In this example, the parent used both punishment
and negative reinforcement. Negative reinforcement
is always used in connection with the presentation
of negative situations, but it is not the
presentation of the situation. Instead, it is the
removal of the negative situation that reinforces
the desirable behavior. 

Many people are placed in negative situations not
as punishment but as a matter of everyday events,
and they perform or increase desired behaviors to
have these situations removed. A second common
example occurs when a person begins a new job and
enters a probationary period. The person is told
that if he or she does a good job, the probationary
status will be removed. (The person was not placed
on probation for bad behavior. The person was not
even employed. That individual was simply placed in
a negative position at the beginning of his or her
employment status.) Consequently, the person will
perform to a desirable standard to have the
negative situation removed. Furthermore, after
performing the desirable behaviors and having the
negative probationary status removed, the
individual feels rewarded and is likely to continue
performing at a desirable standard of behavior.
Such behavior is responding to negative
reinforcement.

Types of Reinforcers

What Can Be Used To Reinforce Desirable Behavior?
The list of possible reinforcers is infinite, and
it is different for everyone. However, it is useful
to consider four types of reinforcers: material
reinforcers, activity reinforcers, social
reinforcers, and token reinforcers.

A material reinforcer is any tangible item given to
a person following the occurrence of a target
behavior that you want to strengthen. Material
reinforcers may include food, toys, clothes,
jewelry, recreation equipment, or a new car.

An activity reinforcer is anything that a person
likes to do.

Social reinforcement can be thought of as any human
interaction that follows someone else's behavior
and strengthens it. The most common form of social
reinforcement is verbal praise. In addition to
verbal praise, social reinforcement consists of
anything you do or say to make a person feel good,
appreciated, accepted, or important. Approval,
attention, and recognition in any form are usually
reinforcing. Simply listening to someone and
indicating that you have heard and understood what
was said can also be reinforcing.

Another effective form of social reinforcement is
feedback. An advantage of feedback is that it
enables you to comment quite specifically on
behaviors you want to accelerate. Feedback doesn't
always have to be verbal. Letters, report cards,
charts, and displays are excellent feedback
providers.

Staff must be cautious of feedback in the form of
criticism. Criticism is very likely to reinforce
unwanted behavior. Unfortunately, criticism is
often used during busy times when it seems that
only individuals exhibiting inappropriate or
annoying behaviors get noticed. Focusing attention
on residents only when they are exhibiting
inappropriate behaviors will actually reinforce and
strengthen these undesirable behaviors. Conversely,
appropriate or desirable behaviors that are ignored
are simultaneously weakened. Therefore, a good rule
of thumb is to ignore the negative and reinforce
the positive. 

Token Reinforcement Systems. Another type of
reinforcement is token reinforcement. Token
reinforcement is especially powerful because tokens
may be exchanged for any of the other three
categories of reinforcers. Therefore, tokens become
what each individual wants them to be.

Tokens almost always work as a reinforcer and
intervention tool because individual residents can
decide what the tokens mean (social, material, or
activity reinforcement)--which reduces staff effort
in identifying the appropriate reinforcers for each
person on a day-to-day basis. The social, material,
or activity reinforcers exchanged for tokens are
usually called backup reinforcers.

Tokens are also very powerful because they reflect
the real world. Almost every group of people living
together has developed a token system that uses
exchangeable money as an easy form of reinforcement
and commerce. Consequently, tokens in the form of
points or program money are easily understood and
readily acceptable to youth in detention and
corrections (Griffis, 1972). 

How can staff find reinforcers to use in the
program? Ask the following questions: "What can I
give a youth that might be reinforcing?" "What can
I allow or enable this juvenile to do that might be
reinforcing?" and "What can I say to this young
person that might be reinforcing?" When in doubt
about what is reinforcing to a juvenile or a group,
test your assumptions by asking directly (see the
sample reinforcer survey at the end of this
section) or by watching and discovering favorite
activities. The following is a compiled list of
reinforcers used by staff members of various
detention programs in the Midwest (Griffis, 1989).
(An asterisk [*] denotes a reinforcer that overlaps
more than one reinforcer category.)

Possible social reinforcers include:

o Praise or recognition in front of group or
family, such as smiles, handshakes, pats on back,
"high-fives," hugs, coach's hugs, promotions,
graduation ceremonies, letters of recognition,
attention, quality one-on-one time, time alone, and
displayed art work or homework.

o Family visits, home visits*, visits with friends
or other units*, promotion or status change for
phone calls*, cards that are sent*, positive
recommendations, recognition in a newsletter,
verbal appreciation, stars, or positive comments on
school papers.

o Awards such as resident of the day or week;
student of the week; unit, cottage, or room of the
day or of the week; citizenship; certificate of
achievement; honor roll; or hall of fame for record
holders in a sports event.

o Special lunches or dinners*.

o Appointments such as staff helper, captain of a
team*, recipient of added responsibility, service
on a committee, recipient of a job, employment in
the gym, teacher's helper, group leader, or
selection for an activity.

o More time with staff or nomination as guest of
honor at a party, celebration, or roast*.

o Evaluations, progress reports, report cards,
badges, or personalized clothing or level clothing
(i.e., clothing associated with a behavioral levels
system).

o Privileges that reflect trust or appointments as
a big brother or sister or as a tutor.

Possible activity reinforcers include:

o Games such as basketball, boxing, wrestling,
skating, bowling, swimming, volleyball, football,
soccer, croquet, table tennis, pool, tug of war,
intramural sports, and tournaments.

o Dinners, movies, and movie rentals.

o Trips to shopping malls, campgrounds, amusement
parks, movies, sporting events, truck pulls, the
zoo, arcades, the circus, carnivals, parades,
fireworks displays, and church.

o Recreational activities such as sledding,
tobogganing, skiing, boating, fishing, horse back
riding, hay rides, go carting, family visits,
picnics, miniature golf, and hiking.

o Parties, token-economy auctions, treasure hunts,
magic shows, talent shows, holiday projects,
fashion shows, plays, clubs, video games,
television, puzzles, brainteasers, cards, board
games, chalkboard games, pizza parties, bingo, and
special speakers.

o Cleaning, cooking, baking, or painting.

o Arts, crafts, sewing, tie-dyeing, gardening, late
sleep-ins, selection as a leader*, service as a
staff helper*, service as a work or activity
supervisor*, selection as first in line* or first
to have seconds*, or choice of music or choice of
television time.

o Letter writing, rap sessions, quiet time, or
staff time.

Possible material reinforcers include:

o Money, clothes, shoes, hats, brushes, combs,
personal hygiene items, cologne, perfume,
cosmetics, sunglasses, wallets, jewelry, and
watches.

o Food, treats, snacks, posters, comic books,
radios, tape players, cassettes, batteries,
headphones, movie passes*, books, magazines, comic
books, Bibles or other religious books, video
games, sporting event tickets*, baseball cards,
cards, models, toys, stuffed animals, stationery,
envelopes, pens, pencils, and stamps.

o Recreation equipment, table games, arts and
crafts supplies, pictures, puzzles, and vouchers
for purchasing items from catalogs.

o Material items that include almost any item that
can be purchased or donated. (Some items may be
given to residents while in detention, and some may
be provided to residents on the day of discharge.)

It is easily seen that the number of reinforcers is
limited only by imagination and budget or ability
to obtain donations. Security considerations may
govern certain items that are distributed to the
youth while in detention, but many items may be
stored for a resident for use after transfer or
discharge. There are very few items that cannot be
used in a reinforcement system. The only difficulty
may lie in determining what is reinforcing for a
particular resident. Also, the advantages and
utility of a token system of reinforcement is
easily seen. 

Seven Rules To Consider When Using Positive
Reinforcement

o Give reinforcement after the target behavior you
want to strengthen is performed or after the rule
is followed. This rule means that reinforcement is
never given for promises, only actions. It also
means that when the rule is followed, the person
should be rewarded.

o Do not reinforce undesirable behaviors. Do not
give attention or criticism to nuisance behaviors.

o Reinforce immediately. Social reinforcement can
always be provided. It is much easier to give token
reinforcement quickly than to provide actual
material and activity reinforcers.

o Always add social reinforcement when using
activity, material, or token reinforcers. 

o Always choose to give the least disrupting type
of reinforcer available. The utility of token
reinforcement is apparent.

o Make the system fair and make everyone aware.
Reinforcement should be available to everyone on an
equal basis, and each staff member and resident
needs to know the rules as well as available
reinforcers--which is easily accomplished by
following the rule making system described in this
chapter.

o Use the Premack Principle. Another useful concept
of reinforcement for contingency contracting or
nontoken rule systems was observed by Premack
(1959, 1965). Staff need not always find new
reinforcements for a youth. Many times, a simple
rearranging of reinforcers that already exist in a
person's environment can help him or her increase a
behavior. This theory is referred to as the Premack
Principle, which is stated as follows:

In any pair of responses or activities in which an
individual freely engages, the more frequent one
will reinforce the less frequent one. Or stated
another way, a higher probability behavior can be
used to reinforce a lower probability behavior
(Premack, 1959, 1965).

For example, if a youth is especially interested in
a particular game, book, or television show, that
reinforcer can be withheld until the youth finishes
completing a task that is not liked, such as room
cleaning or doing homework.

Remember that reinforcement is any consequence that
follows a behavior and increases or accelerates the
frequency of that behavior. The number of
reinforcers is infinite, but reinforcers fall into
four general categories: material, activity,
social, and token. A detention and corrections
program must ensure that any reinforcer offered can
actually be given and that the reinforcer is easily
accessible to the staff person who will be
responsible for issuing it. If a chosen reinforcer
is not available when the target behavior occurs,
the effectiveness of that reinforcer will be
greatly diminished, if it is effective at all.
Therefore, token reinforcement systems, that easily
provide accessible and individually desirable
reinforcers have great utility in achieving
appropriate behavior in detention and corrections
settings.

Programmatic Strategies for Decreasing Undesirable
Behavior

A great deal of controversy has surrounded the
terms "punishment," "discipline," and "behavior
management." This controversy occurred because
nonprofessionals have misused and incorrectly
defined punishment as a deliberate action to cause
pain or harm to another person. Consequently, many
programs tiptoe around the term punishment and use
substitutes, implying that the term discipline
(meaning punishment to some and teaching to others)
is better or that behavior management is a
technique only used to intervene with
out-of-control behavior. Others have even implied
that the deliberate use of psychological pain
(another incorrect definition of punishment) may
have some long-term human benefit and may be used
as a last resort.

It is unfortunate that any of these discussions
have taken place. Therefore, it is important to
appropriately define behavior management,
discipline, and punishment. A behavior management
system is the total system a program uses to
describe, define, and manage resident behavior. It
includes rule making, personal interaction
strategies, procedures for increasing behavior,
procedures for decreasing behavior, and procedures
for creating and maintaining new behaviors. In the
detention and corrections setting, a behavior
management system includes written, verbal, and
physical interventions to manage resident behavior.

The term discipline has been used positively by
some to describe the teaching of new behavior and
negatively by some to mean only techniques for
dealing with unwanted behavior. The term is
acceptable if both definitions are included. It is
important to note that in work with juveniles, any
behavior management system should also emphasize
teaching new behavior.

Understanding Punishment

For the purposes of this chapter, the appropriate
psychological terms used in the professional world
and in university course work are preferred. The
correct definition of the terms "positive and
negative reinforcement" have been used; both terms
describe techniques to increase behavior. As
appropriately defined in psychological terms,
punishment means using the procedure of providing a
consequence after a targeted behavior is performed
to decrease the behavior in the future. Many people
now refer to this type of consequence as
therapeutic punishment because of the misuse of the
proper definition. However, this chapter continues
to use the simple term "punishment" in its
appropriate behavioral context.

Therefore, punishment refers to the procedure of
following a behavior by a consequence (a punisher)
that decreases the probability that the behavior
will be performed in the future. The only way to
determine if a consequence is a punisher is to
observe its effect on the behavior that has been
targeted. If the behavior does not occur as often
when the punisher is used, an effective punisher
has been found. 

A comparison of punishment and reinforcement
reveals that they are similar in two ways: (1) both
interventions have an effect on the frequency of
behavior, and (2) both should be given after the
behavior occurs. The important difference is that
reinforcement increases or maintains behavior,
while punishment decreases behavior. It is
important to realize that the same exact
consequence could function as a punisher to one
person and as a reinforcer to another person. For
example, being offered the consequence of going on
a 6-mile hike may be reinforcing to one person and
punishing to someone else.

Two Kinds of Punishers Used in the Modification of
Behavior 

The Presentation of Aversive Events. After a
behavior has been exhibited, an aversive event such
as a restriction or a fine may be applied to reduce
the behavior. 

The Removal of Positive Events. The punisher is a
time out from reinforcement, which is the removal
of all positive reinforcers for the exhibited
behavior for a certain period of time. The only
purpose of the removal is to decrease the unwanted
behavior.

Principles of Punishment

The following four important principles (rules) of
punishment ensure its effectiveness:

o There must be a clear and specific warning not to
do the inappropriate behavior. 

o The punishment must be given immediately after
the inappropriate behavior.

o The type of punishment should be related to the
offense.

o The punishment should be given unemotionally.

In the detention or corrections setting, the first
principle (offering a clear and specific warning)
is accomplished by providing a rule system as
described previously. The second principle
(immediate punishment) is accomplished by
immediately telling rule violators that they have
not followed a specific rule and will receive the
consequence, even if the consequence is to take
place at a later time, such as a restriction or
early bedtime.

Principle three (relating the type of consequence
to the rule) requires a lot of effort in
nontoken-economy programs but is very important to
accomplish because it helps the person violating a
rule to connect the consequence to new learning. In
a token-economy rule system, it is easy to apply
this principle by offering tokens as the positive
reinforcement for following a rule and by removing
tokens for not following the related rule.

Principle four (unemotional punishment) is often
neglected by staff, and if not followed, it may
render the punishment ineffective. Punishment as
part of a behavior management system is simply a
tool to decrease behavior. A professional does not
view this tool as more or less valuable than any
other tool. A professional also understands that
changing unacceptable behavior is an important part
of the daily job. Lectures and displays of anger
have no part in a behavior management procedure.
Therefore, punishment should always be given with
the same simple techniques described in the limit
setting section of the previous chapter. Remember
that the purpose of punishment is to punish
(decrease) an undesirable behavior, not to cause
physical or emotional pain to a person. 

Violation of any of the four principles of
punishment will dramatically weaken, if not totally
negate, the value of using the punishment
procedure.

Four Common Effective Punishment Techniques

Technique One: Extinction. Extinction is the
process of withholding reinforcement for a
presently reinforced behavior, with a resulting
decrease in the frequency of that behavior.

What Steps Should a Staff Member Go Through To
Carry Out the Extinction Procedure?

(1)Critically identify the reinforcers that are
maintaining the behavior.

(2)Control or withhold those reinforcers. Be sure
that the previous reinforcers are never allowed to
follow the inappropriate behavior.

The following are important characteristics and
effects of the extinction procedure. Extinction is
a gradual process. A behavior that was previously
reinforced and then treated with an extinction
procedure will gradually decrease. Consequently,
extinction should not be used with dangerous
behaviors that must be stopped immediately.

An extinction procedure will most often result in
an increase in the undesirable behavior before the
decrease occurs. A recurrent behavior that was
previously reinforced and then no longer reinforced
will initially increase both in frequency and
intensity as a result of the youth trying harder to
receive reinforcement for the behavior. If the
behavior is never reinforced after the initiation
of the extinction procedure, it will be completely
eliminated. When used effectively, extinction is a
permanent process.

An extinction procedure needs to be carried out to
the letter. Once the procedure is started, the
staff members must never give recognition to the
inappropriate behavior. If they recognize it, they
will continue to reinforce the behavior they want
to decrease. If more than one person is involved in
carrying out the extinction procedure, the entire
staff must work together and be consistent in not
providing any reinforcement for the behavior.
Extinction is a very difficult procedure to
implement in multiperson environments.

Technique Two: Response Cost. Response cost is a
punishment procedure that removes reinforcements
for the performance of specific inappropriate
behaviors. Response cost punishments are usually
administered as penalties or fines for breaking a
rule. Most direct consequence rule systems and
token economies operate with response cost
procedures.

What Steps Should a Staff Member Go Through To
Carry Out the Response Cost Procedure?

(1) Decide in advance which behaviors are to be
fined, and warn the individuals in advance what
fine will be administered.

(2) Don't fine a person to the point of bankruptcy.
If this bankruptcy occurs and if there is nothing
left to take, the response cost punishment
procedure will break down.

Technique Three: Overcorrection. Overcorrection is
a punishment procedure that requires the individual
to amend for an inappropriate behavior by doing
something to correct the condition caused by the
inappropriate behavior. The overcorrection
technique requires individuals to restore excessive
order to a chaotic situation or to perform an
excessive amount of corrective work to make up for
the rule violation. In other words, they must
overly correct the problem that they caused.

What Steps Should a Staff Member Go Through To
Carry Out the Overcorrection Procedure?

(1) Overcorrection must involve a great deal of
effort on the part of the person being punished.

(2) The overcorrection procedure should also take a
significant amount of time to accomplish.

(3) Overcorrection should be directly related to
the inappropriate behavior, and the relationship
should be easily apparent to help ensure maximum
learning.

(4) Like all punishment techniques, the
overcorrection procedure should be imposed
immediately after the behavior occurs. At the very
least, residents must be immediately told that they
are receiving an overcorrection even if it is to be
performed later in the day.

Overcorrections are very strong behavior modifiers,
but they take extensive staff time and effort to
put them into effect.

Technique Four: Time Out. The term time out means
time out from positive reinforcement. When using
time out, one can either remove the individual from
the positive reinforcement situation or remove the
reinforcing situation from the individual.

What Steps Should a Staff Member Go Through To
Carry Out the Time-Out Procedure?

(1) Time out requires a clearly defined
inappropriate behavior and a clearly defined
violation of a rule. 

(2) A warning must be made in advance--which is
usually done through the establishment of the rule
and the additional use of the limit-setting
procedure.

(3) A set period of time must be established. The
time should be short enough so that the person can
return to the reinforcing situation that he or she
came from but long enough so that the person is
impressed with the idea of punishment. Between 3
and 7 minutes is all the time it takes to get a
young person's attention and to establish new
learning. The largest failure in the use of time
out is to extend the time out past the useful
learning curve.

(4) Time out also requires the use of a specific
place removed from possible reinforcements. This
requirement may be as simple as having a person
turn his or her chair away from the group or as
elaborate as having a time-out room.

One important cautionary note--the use of seclusion
in a detention or corrections setting does not
usually meet the time-out criteria. Seclusion is a
safety procedure invoked to protect the staff and
residents in the detention facility. Often, the
seclusion room is reinforcing to the person put
there. Consequently, it is not time out from
reinforcement and does not always work to reduce
undesirable behavior--which is especially true when
seclusion rooms are located near other residents or
when the resident in seclusion receives a lot of
staff attention. This statement is not a comment on
the appropriateness of the use of seclusion because
seclusion must sometimes be used. This note is
simply a clarification that seclusion does not
always work as a procedure to reduce inappropriate
behavior (Roth, 1987).

When Punishment Should Be Used

Punishment should be used only to halt a behavior
that is potentially dangerous to the resident or
others in the area or to stop a behavior that
clearly has a major disruptive effect on the
detention structure. Punishment procedures are
commonly used on behaviors such as fighting and
stealing. 

Guidelines for the Best Use of Punishment

o The greater the intensity of the punisher, the
greater the suppression of that behavior.
Punishment is most effective when the punisher is
presented at full strength. Therefore, punishments
should be thought out and planned when the rule
system is constructed.

o The punisher or punishing event must immediately
follow the behavior that is being punished. If the
punishment is delayed, the less effective the
punishment will be--which means immediately
informing youth that they have violated a rule and
will receive a consequence, even if it must be
administered later.

o Residents should be provided with alternative
behaviors that can substitute for punished
behaviors so that they can receive reinforcement.
Many persons classify reinforcement of alternative
incompatible behaviors as punishment, which is
technically correct because the use of the
procedure will reduce undesirable behavior. In any
event, for punishment to be effective,
reinforcement must be provided for appropriate
behavior.

The Pros and Cons of Punishment Procedures

The argument for the use of punishment is that it
is the quickest way to decrease the strength of a
behavior. The argument against the use of
punishment is that punishment procedures usually
produce the following undesirable side effects
(Axelrod, 1977; and Kazdin, 1975):

o The youth may express undesirable emotional
reactions to the use of the procedure and may not
focus on the new learning involved. The youth may
concentrate on feelings of personal inadequacy or
on getting even, and these reactions will not
result in the desired good behavior being expressed
and the unwanted behavior decreased.

o The youth may try to avoid the punishment
procedure by trying to escape or trying to commit
suicide. 

o Punishment may result in the aggression of the
punished juvenile toward the person administering
the punishment or toward other residents and staff.
The end result may not be the desired decrease in
unwanted behavior.

o The use of punishment may lead to an
over-reliance by the staff upon aversive control
procedures instead of positive reinforcement
procedures, which will destroy the structure of
positive relationships in the detention
environment.

Summary of Punishment Procedures

Punishment procedures are part of the overall rule
structure and must be clearly defined and thought
out in advance. When the procedures are used, they
should always include a fair warning, should be
administered unemotionally, should be relevant to
the offense, and should always be issued
immediately after the inappropriate behavior. It is
also important to remember that punishment usually
causes negative side effects for the staff member,
the institution's environment, and the youth
receiving the punishment. Consequently, punishment
should only be used when positive reinforcement
procedures would take too long. Behavior is a
result of learning and choices, and it is easier to
choose to behave for positive reinforcement than
for punishment.

Finally and most important, detention and
corrections workers should remember to concentrate
on finding the appropriate behavior occurring in
the unit and reward it whenever it occurs. It
should also be recalled that for a punishment
procedure to work (to decrease an undesirable
behavior), the staff must teach an alternative
positive behavior to the youth who receives
punishment for an unacceptable behavior. Reinforce
the positive 100 percent of the time when you are
trying to eliminate the negative with a punishment
procedure.

The behaviors of juvenile offenders are the
products of their current learned personality
interacting with the present detention or
corrections environment. The environment is
composed of physical facilities, program
structures, and personal interactions. All elements
of the detention and corrections environments need
a large amount of forethought and planning to
achieve a positive atmosphere and positive behavior
on the part of both staff and residents. The stated
purpose of detention interactions is behavior
management, not treatment. However, it is
impossible to interact with a youth's personality
and not cause change. The result of all
interactions in detention is both behavior change
and personality development. Therefore, positive
behavior change and personal growth must be the
major focus of all programmatic design and
intervention.

Additional Helpful Structures in the Detention and
Corrections Environment

Three additional program structures have great
influence on the performance and learning of new
behavior in the detention and corrections settings:
group discussions, constant productive activity,
and a token economy system.

The previous section clarified that the maladjusted
behavior of juveniles is a product of past learning
interactions and experiences (Griffis, 1994), and
it has worked for them in the past. Therefore, they
will not automatically change their behavior when
they enter the detention and corrections setting.
Instead, they will continue to use their old habits
until the value of new behavior choices is
established.

Group Discussions

Group discussions, regardless of what they are
called (group meetings, values clarification
sessions, counseling sessions, or skill-building
sessions), should be an important part of each day.
At least two groups should be held daily--one to
teach new skills and behaviors and another to
clarify values and discuss the daily actions of
each group member. There are many good group
discussion models available, and two are
recommended: the social learning skills model for
the teaching of new skills (Griffis, 1988) and the
resident advocacy process (RAP), a group discussion
format for detention residents (Griffis, 1988).

Activity

Positive behavior is the result of interactions
with a positive environment. Likewise, a positive
environment is created by positive and productive
activity. On the other hand, boredom and inactivity
will create much opportunity to concentrate on bad
behavior. Positive, productive activity has the
following three components: (1) it is interesting,
(2) it is worthwhile, and (3) it is constant. 

To make an activity interesting takes imagination,
planning, timing, supervision, staff participation,
and effort. Many activities are innately fun, and
all activities can be made interesting by teaming
the right residents together, by highlighting new
learning, and by using a sense of humor. Therefore,
activities should not be done on the spur of the
moment. They need to be considered and planned in
prior training or brainstorming sessions to
incorporate many points of view.

Difficult or unpleasant activities can be turned
into contests to boost resident interest.
Activities need to be planned step by step, and
thought should be given to resources and tools
needed. Plans also need to be put into written
schedules and procedures.

Positive production and performance is often a
result of timing; so activities need to be placed
at the right time of day. Staff need to consider
how much physical and mental energy each activity
requires and review the activities that precede and
follow the activity. Effort should be made to have
variety in scheduling and to ensure that the
activity has the right amount of time allotted (not
too short and definitely not too long). Effective
activities need constant supervision and maximum
staff participation, especially in work events. All
of the previous components add up to effort, and
staff effort is often interpreted by the residents
as caring.

For an activity to be worthwhile, it must have
value and reward. Value may mean social, moral, or
spiritual value, or it may mean educational,
vocational, or life-skill value. Activities should
not just fill time. Delinquent youth need to learn
many new behaviors, life skills, and values, and
every hour of activity should be considered an hour
of teaching and values clarification.

The purpose of each activity should be made clear
to the staff, and the staff should model the values
of the program as well as explain them. Rewards
should also be given for each activity. Although
the interest of the activity and the new learning
may be rewarding in themselves, positive effort
should be accompanied by one of the methods of
positive reinforcement described in this section to
help build the activity into a new habit for the
youth and to help keep the total environment
operating on a positive level.

Finally, the key to positive productive behavior is
activity, activity, activity. Constant activity
does not mean that quiet activities are not
allowed, but it does mean that every minute of the
day should have planned activity, with as much
variety in activity as possible. Each daily program
should provide a couple of opportunities for choice
in the activities offered. Classroom teachers can
provide for more than one type of learning to be
used in each class period, and recreation periods
can provide different games or different resident
roles in each game.

The provision of constant, well-planned,
worthwhile, productive, and positive activity means
that staff will have to spend a lot less of their
time managing undesirable behavior. 

Token Economies

Every society has a structured economy. The economy
provides an organized way to exchange goods for
services, a way to reward positive effort, and a
way to fine, punish, or require retribution for
accidents and intentional negative effort. Most
societies have learned that token exchanges in the
form of money are far easier to administer and have
a more powerful impact than the constant bartering
required for direct exchanges.

Program rule systems are also organized in this
same fashion. Some programs develop a set of rules
and activities (such as work or school) and offer a
predetermined set of consequences or privileges for
following the rules (these are termed direct
consequence rule systems). Some programs constantly
barter or contract with each individual resident,
or they set up staffing meetings to determine
rewards or punishment each week (these are called
contract rule systems).

The first rule system (a predetermined set of
consequences) will work but requires extensive note
taking and often does not provide a reward or
punishment that is meaningful to each resident. The
second type of rule system (the bartering method)
is very difficult to use to obtain effective
behavior because the rule system is always
changing. Contracting also requires extensive time
to be spent in negotiating, writing, communicating,
and interpreting. Often, both systems, as
operationalized in many programs, fail to follow
the psychological rules of positive reinforcement
and punishment. These rules must be followed to
obtain and teach positive new behaviors (Homme,
1970).

Consequently, many detention and corrections
facilities have now incorporated token economy
systems as their rule and behavior management
structure. Token economy rule systems may be the
single most powerful tool introduced into juvenile
detention and corrections in this century. Token
economies are powerful because they require time to
be spent on planning and training rather than
day-to-day negotiation and because the rationale is
easily understood due to its similarity to the
rule-and-reward system of adult society. Using
tokens allows the staff to easily utilize positive
reinforcement and punishment procedures that are
directly related to resident behavior. Note taking
and staff communication are facilitated by the use
of an organized and formalized charting procedure.
Token economies require constant behavioral
observation and adherence to the program rules by
each individual staff member. A token economy also
facilitates and demands constant feedback by staff
members to each resident--which helps to provide
for constant personal interaction.

The best token economies operate by providing a
resident with token money or spendable points,
offering positive reinforcement for each action. A
resident starts each day and each activity with
zero points or token dollars and earns points for
each activity, ranging from zero to a preset
maximum amount. Using the earning system rather
than starting a resident with all the points and
taking away points for inappropriate behavior keeps
the environment focused on positive behavior and
positive reinforcement rather than punishment. The
earning system reflects the work world of the
adult, and each resident can easily relate to it.
Punishment procedures are also used in token
economies, with cost-response techniques or fines
being paid with token money earned.

Level System

Using a resident-level system is an additional
positive reinforcement method to reward good
behavior and to show progress in learning
appropriate behaviors. Level advancement is also
conveniently evaluated by recording the number of
points earned, and these records of points earned
can be easily understood by each resident in the
system. Token record sheets also provide a fair,
simple, and unemotional method to offer residents
evaluation and feedback. Token records offer the
staff extensive behavioral assessment data for each
type of rule and activity required of a resident.
These records easily reveal progress as well as
problem areas and should be the major document in
the youth's case file. 

In summary, token economies are one of the most
beneficial behavior management tools available for
program structure. Using a token economy system can
facilitate personal interaction, positive
reinforcement, rule system clarity, proper use of
punishment procedures, program note taking, fair
resident evaluation, and adherence to the rules by
both staff and residents. Once instituted, token
economy rule systems are easily remembered and well
liked by the residents.

Sample Reinforcer Survey

(1) In my free time, my favorite activity is
_______________ .

(2) If I could go away for 3 days, I would go to
_______________ .

(3) If a coworker and I have a day to spend
together, I would like to _______________ .

(4) My favorite evening entertainment is
_______________ .

(5) I would really like to visit _______________ .

(6) My favorite sports activity is _______________
.

(7) My favorite hobby is _______________ .

(8) Something that I really want to buy is
_______________ .

(9) If I had $10 to spend on myself right now, I
would _______________ .

(10) If I had $50 to spend on myself right now, I
would _______________ .

(11) If I had $100 to spend on myself right now, I
would _______________ .

(12) If I had $500 to spend on myself right now, I
would _______________ .

(13) The thing that I would most like to buy my
best friend is _______________ .

(14) My life in this program would be more
rewarding if _______________ .

(15) If my careworker would _______________ , I
would enjoy living here.

(16) I would work harder on my problems if
_______________ .

(17) The place where I most like to shop is
_______________ .

------------------------------

Chapter 13 Behavior Observation and Recording

It is difficult to train adults on a topic like
observation and recording. Most people assume that
these skills require only common sense and that
because all of us have some common sense, we are by
definition competent behavior observers and
recorders. However, this assumption is not always
true.

Objectives

Two necessary skills for any detention worker are
the abilities to observe behaviors accurately and
to record them in a clear and concise fashion.
These skills are neither inborn nor necessarily
adequate at the time of hire. Furthermore, there is
no guarantee that the direct careworker will
somehow learn sufficient skills in these areas by
himself or herself.

It is essential for every detention worker to
observe effectively and to record these
observations with accuracy. This also applies to
shift supervisors, cooks, night shift workers, and
program counselors. There are two objectives for
this chapter:

o To define the purpose of behavior observation and
recording.

o To outline the skills associated with observation
and recording.

Observation

Observation is an active process. Because it is
done continuously, it is very difficult to say
exactly when the process begins and ends.
Observation is a learnable skill that improves with
practice.

Why Observe?

It is a generally accepted principle that detention
staff are responsible for the supervision of the
youth under their care. Supervision implies
observation. Therefore, this fundamental
requirement of supervision establishes an
undeniable need for observation skills on the part
of staff.

Although the answer to the question of "why
observe?" is simple, juvenile detention is much
more complex. In light of this complexity, the
following sections highlight some additional
reasons for observation.

Prediction. Most juvenile codes include an
evaluation function as one of the criteria for the
use of juvenile detention. In essence, the court is
asking the detention staff to provide information
that will predict the best possible plan of action
for each juvenile. Even though the options may be
limited because of financial resources or court
philosophy, the ability to predict what is in the
best interest of youth is a function of the quality
of the observation that occurs.

Conclusions. Because the juvenile court is
concerned with the social, educational, and
emotional development of troubled youth, detention
serves as an opportunity to collect information
that helps the court reach conclusions about
certain problems facing youth. Again, the quality
of these conclusions rests on the quality of the
observations that support them.

Change. Even though juvenile detention is not a
treatment intervention, detention staff are
frequently asked to work with youth to bring about
specific kinds of changes in their behavior.
Furthermore, many juvenile detention centers have
counselors who are responsible for a youth's safe
adjustment to secure confinement. In these
situations, certain types of behavior change may be
required. Good observations provide the proof that
this change has or has not occurred.

Effectiveness. As an extension of the change
process, observations are used to evaluate the
effectiveness of certain intervention strategies.
Accurate observations become the evidence of
behavior change or provide information to assist
staff in the development of new intervention
strategies. Detention programs concerned with a
youth's adjustment to incarceration will place a
high priority on good observations.

Communications. When experts discuss the
characteristics of an outstanding detention staff,
excellent communications and staff consistency are
always a part of that discussion. Good observations
improve the communications between staff and
residents. The greater the accuracy and detail in
staff communications, the more consistency and
accuracy results in staff or student interactions.

Intervention Timing. Behavior management experts
stress the importance of accurately timing an
intervention strategy to produce the maximum
therapeutic change. Observations provide the needed
information to improve the nature, quality, and
timeliness of interventions with troubled youth.
Through good observations, patterns of behavior
emerge that indicate when an intervention can be
most effective.

Relationship Building. The more we know about young
people, the easier it is to express an interest in
them, to talk with them, and to share concerns.
Good observations, in conjunction with an effective
system for communications, provide the necessary
information about residents to facilitate
interpersonal interactions and to build
relationships.

Self-Control. Sloppy observation encourages
detained youth to engage in horseplay and other
behaviors that they would not ordinarily choose
under conditions of close supervision. Good
observation encourages youth to behave
appropriately when the observation of appropriate
behavior is communicated and reinforced.

Staff Control. When an excellent system of
observation exists, residents are less likely to
act out or misbehave. Subsequently, staff are less
likely to use repressive control measures such as
warnings, threats, or restriction to maintain
minimally acceptable levels of behavior.

Once staff control becomes an effective tool for
maintaining acceptable levels of appropriate
behaviors, staff may begin to focus on the
reinforcement of these behaviors. Positive
reinforcement is the most powerful strategy for
creating and maintaining a safe and secure
detention environment. The difficulty for detention
staff is that they are more adept at recognizing
and identifying inappropriate behaviors.

To remedy this deficit, one institution forces new
staff members to focus their entire attention on
positive behaviors. Operating under a token
economy, new staff are directed to identify and
reinforce 50 appropriate behaviors during an 8-hour
shift. In nearly every instance, staff members
remark that this exercise was the most enlightening
exercise of their training experiences. Not only
does it change their belief that they are supposed
to catch juveniles misbehaving, but it provides
practice and confidence in identifying and
reinforcing appropriate behaviors. If given the
choice of responding to either appropriate or
inappropriate behaviors, most rational thinking
staff prefer to deal with appropriate behaviors.

Encouragement for Involvement. Active programs with
high expectancy for observation create for staff
and residents an expectation that involvement is
the norm. Therefore, detained youth are less likely
to assume that the best way to survive the
institution is by doing nothing. Good observation
works to reduce the tendency toward institutional
passivity on the part of detained youth.

Systematic Interactions. Good observation creates
for staff and residents a structure that promotes
interactions. Even though institutional systems are
initially viewed as contrived, they force
controlled, structured, and safe interaction
between staff and residents. From these
interactions, staff may proceed to build genuine
and therapeutic relationships with youth.

Safety and Protection. Good observation provides
the information that serves to create a safe
environment for detained youth. Information about
potential assaults, escapes, or other dangerous
behaviors is a function of good observation skills.
Understanding this information in its proper
context can help staff to intervene in a timely
manner and prevent harmful behaviors. This type of
proactive strategy affects the safety of staff and
residents.

Legal and Ethical Obligations. You have an
obligation, legally and ethically, to make accurate
observations regarding both appropriate and
inappropriate behaviors. Because continued
confinement or issues regarding litigation against
staff depend on accurate observations, the
importance of observation cannot be underestimated.

What To Observe

The object of observation is the behavior of
detained youth. Quite simply, there are two classes
of behavior: verbal and nonverbal. Verbal behaviors
are more obvious and more easily validated. They
are a topic for future consideration. Nonverbal
behavior is the focus of this chapter.

The categories of nonverbal behavior targeted by
observation skills are kinesics, paralanguage,
proxemics, physical characteristics, and contextual
factors.

Kinesics. Kinesics is the study of body and muscle
movement. For this chapter, kinesics is concerned
with the meaning of these body and muscle movements
within the detention setting--which is probably one
of the clearest forms of nonverbal behaviors.

Most people readily recognize clinched fists,
arched shoulders, a frown, and a set jaw as
nonverbal signs of aggression, hostility, or anger.
It is important to note that the skillful observer
looks for patterns of behavior that characterize
the normal routine for each resident. Problems
occur in detention facilities when these patterns
change. 

Paralanguage. Paralanguage is concerned with the
vocal qualities that affect the auditory senses.
These qualities include whispering, shouting,
accents, tones of voice, or speech impediments.
Good observations require that staff watch
residents long enough to establish their patterns
of paralanguage. Again, deviation from these
patterns provides meaningful information.

Proxemics. Proxemics is concerned with the position
of people in the environment and in relationship to
others. Everyone is familiar with the concept of
personal space--which is an issue of proxemics.
Other relevant nonverbal behaviors include touching
and eye contact.

Detention staff need to be sensitive to the issue
of proxemics. Although touching is an effective way
to communicate feelings between staff and
residents, it must be done judiciously and in
response to patterns of behavior concerning
proxemics. The invasion of personal space is often
viewed by hostile youth as a sign of aggression or
as evidence of inappropriate touching.

Physical Characteristics. Concerned with the
unchanging characteristics of self, physical
characteristics often provide the greatest insights
about a youth's successful adjustment to a
detention facility. Issues such as clothing, hair,
jewelry, physical size, hygiene, and tattoos
communicate much about the individual. Within the
detention setting, the admissions process reduces
the importance of physical characteristics. For
example, residents' clothes are taken from them,
and institutional clothing is provided. However,
some modifications in the institutional clothing
may occur to distinguish different program status.

Contextual Factors. Contextual factors are
concerned with the physical and social environment
in which behaviors occur. The key here is "fit" or
congruence between physical and social
environments. Some psychologists call this behavior
setting because certain physical and social
environments are uniformly associated with certain
types of behaviors. Consistency among time, place,
social circumstances, and behavior characterize the
behavior setting.

One example is a funeral service. Many behaviors
are associated with appropriate conduct at a
funeral. Therefore, given these contextual factors,
it would be unusual to see someone attending a
funeral dressed in football gear. This behavior
would be worthy of careful observation because it
does not fit within the contextual factors.

Through their daily routine and procedures,
juvenile detention facilities establish certain
expectations for behavior in different physical and
social environments within the center. Therefore,
contextual factors exist throughout each
institution. Good observation helps staff
understand these contextual factors and recognize
when resident behaviors do not fit. These behaviors
as well as those mentioned above are the substance
of good observation.

How To Observe

What skills are associated with good observation?
This section is the "how to" part of the training
objectives. Although there are many different
opinions about what constitutes good observation
skills, the focus will be on four primary skills
for detention workers: attention, awareness,
objectivity, and positioning.

Attention. Attention involves remaining alert to
the relevant behaviors and cues within one's
sensory field. Human beings are able to attend to
very few of the relatively thousands of stimuli
that constantly bombard them. Thus, the attentive
staff member must select and focus on the relevant
stimuli. In most instances, attention is directly
related to the staff member's mental and physical
alertness.

Detention is a stressful job. Working with troubled
youth and inadequate resources can create an almost
impossible situation for staff--which often leads
to the temptation to use alcohol or drugs as a
means of relaxation or tension reduction. The
detention profession is ripe for substance abuse
problems, and the abuse of these substances
severely curtails attention skills.

The National Juvenile Detention Association (NJDA)
addressed this issue in its code of ethics.
Concerned about the potential threats to resident
and staff safety inherent in a detention setting,
NJDA called for the detention professional to be at
his or her optimum physical and mental condition on
the job.

In addition to the threat to resident and staff
safety associated with staff who come to work under
the influence, it is foolish to believe that
juveniles, who have grown up in the presence of
adults who use and abuse these substances, will not
recognize a staff member's abuse problem. It is the
greatest of all hypocrisies.

Awareness. The skillful observer seeks a broad
understanding of human behavior and individual
interaction with the environment. Because behavior
is purpose driven, the worker who remains informed
of pertinent facts about both detained youth and
the environment maximizes his or her ability to
predict, observe, and respond appropriately to a
variety of situations. Awareness involves
sensitivity and understanding, which are possible
only if the worker is prepared to understand what
is observed.

Awareness is entirely dependent on the direct
careworker's desire to obtain more information
about detained youth. As an essential skill,
awareness causes the professional detention worker
to read the anecdotal logs for each youth under his
or her supervision, to read the psychological
reports, to read the legal and social files when
available, and to discuss this information and
current behavior with colleagues on previous as
well as upcoming shifts. Nowhere in the operation
of the detention facility is staff communication
more relevant than in the development of awareness.

Objectivity. All sensory input must be filtered
through one's emotions, values, and past
experiences. Therefore, objectivity may only be
accomplished by not allowing personal biases to
interfere with the ability to perceive reality.
This ability requires a conscious effort to be
honest with ourselves and to recognize that we are
human beings with limitations and fallibilities.
However, with practice and perseverance, we are
able to set aside our personal selves and view
behavior professionally, without prejudice. In this
manner, we approach our roles as detention workers
with the understanding that we must promote
long-term growth for the youth under our
supervision.

Biased interpretations do not simply go away.
Objectivity as an observational skill must be
practiced. Practice comes through the art of giving
and receiving feedback. To be objective, staff must
discuss their feelings about detained youth, their
offenses, and their behaviors. Staff must analyze
these feelings openly, in the presence of coworkers
who have the ability to confirm or deny personal
prejudices that may interfere with the provision of
effective care. To become more objective, staff
must interact with others and must work to become
more self-accepting and less judgmental or
condemning.

Positioning. It is essential for detention staff to
position themselves in a manner that maximizes the
opportunities for observation. Staff should be
positioned so that all youth are in plain view--
which is ideally accomplished by developing skills
as a participant observer. Participation helps
develop healthy relationships with youth, without
being viewed as a guard or a watchdog. Conversely,
caution must be exercised to avoid becoming so
involved in the activity that the worker loses
sight of the responsibility to observe the
behaviors of those outside the activity. The rule
of thumb for position skills is "You can't observe
it if you can't see it."

To develop the skill of position, many trainers
will identify floor plans of detention facilities
and ask participants to place staff members in the
most strategic positions. As you assume your
responsibilities in your detention facility, you
should do the same thing within each living area in
the facility. In fact, it would be more beneficial
for you and your coworkers if you did this as a
team activity. It is also your responsibility to
ask senior staff members where you should be (what
your position should be) during routine and special
activities. Any time there is a discussion of
special events, activities, or problems, position
should be a part of the discussion.

Recording

Why Record?

Detention facilities record for two reasons:
documentation and communication. It is important
that significant behaviors are communicated to all
staff. The best method of producing an accurate
transfer of information is to write a description
of the behavior--which requires a conscious effort
to recall and structure events.

Documentation. Documentation provides a written
account or history of events. Because staff
memories are faulty and because accuracy
deteriorates over time, it is best to write the
description of behavior as soon as possible. In
some institutions, staff are automatically provided
with time off the floor after a significant
incident so that documentation can be completed.

Documentation is equally important in a number of
other areas of juvenile detention. An ample amount
of documentation provides a baseline for evaluating
program development. It also provides a basis for
evaluations regarding resident progress.

Documentation provides a sense of accountability.
Knowing that behaviors must be recorded, staff are
much more likely to pay attention to specific
behaviors and to improve their observation skills.
Conversely, residents quickly understand that staff
keep excellent records of their behavior. Hence,
residents become more accountable.

One of the most important purposes of documentation
is to help staff solve problems whenever serious,
dangerous, or criminal behaviors occur.
Documentation serves as evidence that action was
taken. It may be the critical factor in helping to
reduce liability among correctional staff.

Attorney Lynn Lund, one of the Nation's specialists
in defending institutional staff, maintains that
documentation is the single most important issue in
indicating a good faith defense. He identifies a
U.S. Supreme Court decision stating that if the
action is not documented, it legally did not occur.

Communication. Juvenile detention is a complex job
that requires an excellent exchange of information.
Often, decisions in detention are only as good as
the information on which they are based. Therefore,
communication is a priority function of recording.

Detention staff usually do not have an opportunity
to interact with all of their coworkers on a daily
basis. Therefore, written communication becomes
essential. In this manner, information can be
provided to coworkers and other interested parties,
especially attorneys, probation officers, and
judges.

A record of observations also promotes better
observation. It gives staff members a perspective
from which to view resident behavior. In many
cases, it updates new staff on issues and problems
affecting individual residents. In this manner,
recorded observations serve to promote program
consistency, which is key to effective detention
programs. Good records improve consistency.

What To Record

Recording is an attempt to answer completely the
questions of who, what, when, where, and how. This
simple approach constitutes the beginnings of a
strategy to define those issues that should be
committed to writing. One caution is necessary:
"why" statements should be avoided. It is not the
responsibility of direct-care staff to affix
motives or to deal with intent. Instead, these
questions should be referred to administrative
staff or to a team discussion supervised by a
professionally certified staff member.

At minimum, staff should record the following
general categories of behaviors:

o It is important to document what has happened to
the youth on a daily basis. Some institutions may
require anecdotal log entries for each shift. These
log entries should include a description of those
things that the youth has experienced during that
shift.

o Staff should record what other detention workers
might anticipate from residents. Consistency means
that the staff members who supervise a youth over a
period of a day or more will respond to problems in
a consistent or uniform fashion. To produce this
effect, written communications must describe what
has happened and what staff think will happen in
the future.

o Records are important to describe what other
staff members have done to help juveniles. Part of
the responsibility of recording is to detail not
only resident behaviors but also staff behaviors.

o Good records indicate clearly what interactions
or interventions have worked. Records are the best
indicator of program effectiveness.

The American Correctional Association (ACA)
establishes in its correspondence course for
juvenile careworkers several useful criteria for
judging appropriate recordings. These criteria
serve as a list of issues that direct careworkers
should include in their written communications.
Because most direct careworkers do not have a firm
understanding of what issues should be in writing,
the ACA criteria extend the general categories
listed above. The following are the ACA criteria,
with an example of each: 

Communication "I talked with Greg about his
shouting and cursing."

Observation "Nate shuffles his feet and looks
downward when I ask him about his visit with his
parents." 

Intervention "Mr. Carlson and I physically
restrained Patrick and took the knife from him." 

Feedback "Dr. Richards said we need to pay close
attention to Derrick since his latest suicide
threat." 

Specificity "A verbal argument between Tracy and
Pam occurred in Dorm C at 4:00 p.m." 

Significance "Juan and Pete had a fist fight in the
recreation room at 10:00 a.m."

How To Record

Before describing the skills of recording, it is
important to acknowledge that when we talk about
written communications, we are talking about
paperwork. In most institutions, direct-care staff
complain about the amount of time devoted to
paperwork. As the demands for documentation
increase, the time needed for recording also
increases. In other words, as policy and procedure
identify more circumstances or situations that must
be reported in writing, staff members find
themselves devoting more time to paperwork. As the
amount of paperwork increases, so does the amount
of time spent away from direct supervision.

In overcrowded situations or in institutions that
are understaffed, paperwork requirements may have
to be completed at the end of the shift. In these
situations, overtime may be requested to complete
paperwork (which is rarely supported by
administration), or staff may look for shortcuts to
minimize the amount of time needed to complete the
paperwork. The irony is that paperwork may be the
most important issue in helping staff members
protect the rights of detained youth and protect
their own careers.

Recording Skills. Seven basic skills can help staff
improve the quality of their written
communications. When supervisors or administrators
indicate to staff that written communications
require improvement, one of the following skills is
usually involved:

o Records must be legible. Regardless of how
accurate or useful an observation may be, it has no
value to others unless it is recorded legibly.
Police have addressed the legibility problem by
typing their reports. Most police departments are
completely computerized, and some are experimenting
with lap-top computers in squad cars. Computerized
records may someday eliminate legibility problems
in juvenile detention.

o Records must be written in plain English. Because
the purpose of recording is to document and
communicate your observations, entries must be
understandable to others. Do not try to impress
your coworkers with your vocabulary skills. Being
understood is maximized by avoiding slang, flowery
terms, and psychological jargon. No one cares if a
youth makes "a ubiquitous olfactorial assault," but
it is noteworthy to record that the youth has body
odor.

o Records must use specific behavior terms. A
specific description of a resident's behavior is
more useful to the reader than a label or a
generalization. Observations recorded in behavioral
terms allow the reader to draw conclusions from
reliable information. Behavior descriptions avoid
the use of abbreviations. The term "NFD" may not
mean "not following directions" to everyone who
reads the log entry.

o Records must be timely and complete. The
completion of forms varies with the type of
document being considered (e.g., incident report or
anecdotal log). However, the goal is to provide the
specific information required for each form.
Timeliness is a constant concern. Recording
observations while the information is fresh and
recall is at its optimum maximizes the accuracy of
the recording.

o Records must be brief, concise, and pertinent.
Documents should present the most relevant
information in the most efficient manner with the
greatest possible clarity.

o Records must support conclusions. Professional
staff or teams may generate hypothetical
conclusions about resident behavior. Unsupported
conclusions have little practical value in
detention settings. By providing specific behavior
observations, the record serves to support the
conclusion or to provide support for a different
conclusion.

o Records must be confidential. To protect each
resident's right to privacy and to prevent misuse
of documents, all information about residents is
held in confidence. Policy and procedure should
specify the circumstances under which information
about residents can be released. Policy and
procedure should be in accordance with State laws
governing confidentiality. Information may be
released only with proper authorization.

Rules for Effective Recording. All of this
information about recording skills can be reduced
to two basic rules about recording. First, describe
all incidents in simple terms that refer to
observable behaviors. Second, phrase all
communications in language that can be understood
by anyone who reads it. These two tests should be
applied to all recordings.

Type of Records

Detention facilities usually employ two general
categories of records. First, there is an anecdotal
log entry, which is completed on each resident for
each shift or each day. There may also be an
anecdotal log entry for each team or group of
residents. Most institutions add or substitute an
additional log that is completed by the shift
supervisor specifying important incidences that
occurred on the shift. This log is usually referred
to as a supervisor's log or the shift log.

The second type of recording is a special incident
report. These reports are usually much more
specific in the information required, and they are
associated with special types of misbehavior or
exceptionally appropriate behavior.

Anecdotal Logs. Good anecdotal log entries
communicate the information about what to record.
Logs are completed in a fashion that adheres to the
rules for recording.

There is remarkable variation in anecdotal log
entries between various institutions. The general
rule of thumb is "If care is not taken to establish
and enforce clear guidelines about the content and
quality of anecdotal log entries, they eventually
deteriorate." The reason for this deterioration is
the natural tendency of staff to complete paperwork
in the quickest means possible. Therefore, it is
not uncommon to find a complete log entry that
merely states, "Good a.m." When confronted with
questions about the meaning of this log entry,
staff may respond that the youth was cooperative or
did not create any problems and that staff did not
have to spend time with the youth for problem
solving. Rather than write these responses in the
log, the shortcut becomes, "Good a.m."

Additional examples of poor log entries include:
"Great cooperation," "John handled a significant
confrontation miserably," or "After John's behavior
this morning, p.m. shift should stay on his case."
These log entries do not provide adequate
information for competent decisionmaking. In many
cases, in-adequate reports reflect the intent of
juvenile detention staff to complete paperwork in
the shortest time possible. However, it may also
indicate a passive resistance to paperwork. In
other words, time-consuming paperwork is generally
not done well if staff question its relevance. Less
than acceptable performance is a means of
indicating to administration that the paperwork is
not appreciated.

It is the direct responsibility of administration
to convince careworker staff of the importance of
quality behavior observations. Records of
observations are essential, and they are a part of
the staff member's commitment to the best interest
of detained youth. It is important for direct-care
staff and for supervisory staff to constantly
monitor the content and quality of log entries.

Special Incident Report. Most detention facilities
use a specific form to report special incidents.
(For examples of this form, see ACA, 1992a, or
Roush, 1992.) If your institution does not use a
specific form with prescribed policies for
completing an incident report, the following
information should be helpful. If your institution
has a form and specific procedures, please evaluate
this information in light of your own practices.

A special incident report is a form of behavior
analysis. Beyond the requirement for behavior
specificity, the analysis of behavior includes the
following distinct components:

o A description of antecedent events. The
antecedent event describes the situation that
preceded the behavior in question. This component
explains what happened immediately prior to the
behavior.

o The behavior in question. This part of the
incident report describes plainly and concisely
what occurred.

o The consequence of the behavior. Once the
behavior has occurred, the consequence component
describes what reactions were elicited from the
environment (i.e., reactions from staff and peers).

An area for staff recommendation is provided for
staff to express concerns about the behavior
sequence that have not been covered in the report.
It is at this time that staff may go on record as
suggesting a certain type of intervention or
followup from other staff. It is this component of
the incident report form that increases staff
consistency.

Summary

Child care work with juvenile offenders is
difficult. This sentiment is best expressed in the
words of the poster that reads, "If being a parent
is the toughest job in the world, then child care
work in an institution for troubled youth must be a
close second." The job responsibilities for
juvenile detention caregivers include a broad range
of divergent activities. The science of juvenile
detention work with troubled youth draws its
principles from various disciplines. It is a
complex and interdisciplinary science.

Successful juvenile detention work is a function of
good information that teams can use to make
insightful plans for troubled youth. Good
information permits staff to monitor and adjust
daily interventions with youth to maximize
effectiveness. Good information helps staff to
operate a consistent program that simultaneously
reduces the need for punishment. For juvenile
detention care-givers, the foundation of good
information is proficiency in behavior observation
and recording.

------------------------------

Chapter 14 Mental Health Services

This chapter examines mental disorders, their
prevalence in juvenile detention, and basic
strategies for juvenile detention caregivers. The
term mental disorder is used very broadly in this
chapter and should not be taken to indicate any
kind of assumptions regarding the causes of the
various disorders discussed. Mental disorder could
be interchanged with a variety of terms such as
mental illness, emotional difficulties,
psychopathology, emotional disorders, or behavior
disorders (Otto, Greenstein, Johnson, and Friedman,
1992).

The link between mental disorders and juvenile
detention is important for two reasons. First,
mental disorders may precede any involvement with
the court or placement in a detention facility. In
some cases, the mental disorders may be directly
linked to delinquent behavior. Second, many mental
disorders result from admission to the detention
facility. These mental disorders, such as
depression, develop because of involvement with the
juvenile justice system. The National Coalition for
the Mentally Ill in the Criminal Justice System
sponsored a national conference to address these
issues. Additional information about mental health
services in juvenile justice is contained in the
monograph from the conference (Cocozza, 1992).

The Need for Special Programs and Services

As more youth are placed in detention for violent
offenses, two things happen: (a) the atmosphere or
the social climate in detention gets worse and (b)
the need for special mental health services, health
services, and special education services increases.
The need for more services comes at a difficult
time. Juvenile justice agencies are being asked to
reduce budgets. In systems like juvenile detention,
where personnel costs make up approximately 85
percent of the budget, across-the-board cuts
usually occur in program areas--which means that
important services are being cut at a time when
they are needed most.

Mental Health Service Needs

The closing of many State mental health facilities
and the increasing restrictions by third-party
payers have resulted in a larger number of
juveniles who enter the juvenile justice system or
who return to the juvenile justice system with
service needs that are more appropriately provided
in the mental health system. According to McPherson
(1993), approximately 66 percent of incarcerated
juveniles had received counseling, 25 percent had
undergone psychiatric hospitalization, more than
half had substance abuse problems, and more than 25
percent had attempted suicide. Screening for mental
illness in both preadjudicatory and
postadjudicatory populations has identified
significant instances of depression, attention
deficit disorder, psychotic symptoms, and substance
abuse (Hyde, Mitchell, and Trupin, 1986). (Mitchell
and McPherson are both psychiatrists who have
worked in juvenile detention facilities.)

Health Service Needs 

As reported by the Council on Scientific Affairs
(1990) of the American Medical Association (AMA):

Youths who are detained or incarcerated in
correctional facilities represent a medically
underserved population that is at high risk for a
variety of medical and emotional disorders. These
youths not only have a substantial number of
preexisting health problems, they also develop
acute problems that are associated with their
arrest and with the environment of the correctional
facility. Indicative of both their personal
behavior and their lack of prior adequate health
care services, youths in correctional institutions
have a greater than expected rate of selected
physical and emotional problems, such as substance
abuse, sexually transmitted diseases, unplanned
pregnancies, and psychiatric disorders. (emphasis
added)

A variety of studies reported through the Academy
of Pediatrics, the American Society of Adolescent
Medicine, the American Public Health Association,
and the National Commission on Correctional Health
Care showed that upon admission to juvenile
detention:

o Approximately 33 percent had a history of
sexually transmitted diseases.

o At least 20 percent reported having parented a
child.

o Another 10 percent were pregnant.

o Nearly 10 percent had gonorrhea.

o Many had high rates of alcohol and drug abuse,
including tobacco abuse.

Prior to arrest and incarceration, these children
typically do not seek medical assistance until
their symptoms become extreme, and they are usually
treated in an emergency room. They also lack a
regular source of coordinated health care prior to
incarceration (Juvenile Health Care Committee,
1993). These medical and health care experts call
attention to the link between the poor health of
detained youth and emotional problems.

Mental Disorders in Juvenile Detention

Many delinquents have histories of physical and
sexual abuse. Others have experienced poverty,
family deaths, murders, suicides, and other
manifestations of unstable upbringing. Some have
been raised in foster homes or institutions or have
been moved frequently from one place to another.
There may also be many past injuries, especially to
the head, due to impulsive behavior or inflicted
trauma. Parents debilitated by drugs and alcohol
are unable to raise children adequately, and some
parents may suffer from psychiatric diseases that
have an inherited component--which means that the
child has both a genetic tendency toward mental
illness as well as a mentally ill parent whose
behavior may affect the child's psychological
adjustment. Combinations of these factors may lead
to various mental illnesses in detained juveniles.

Suicide is the third leading cause of death among
adolescents. The stress of incarceration, remorse
over the crime, and feelings of hopelessness and
parental abandonment can cause a detained juvenile
to consider suicide. Any mention of suicide should
be taken seriously. Furthermore, careworkers should
question detained youth about suicidal thoughts
whenever depression is detected. Explicit questions
should be asked: "Are you thinking of killing
yourself?" "Do you want to hurt yourself?" Any
youth who indicates suicidal thoughts or who
engages in suicidal actions should be placed on
constant supervision until a mental health or
medical provider cancels it. A psychological
referral is made for these patients. Potentially
lethal objects such as belts, shoelaces, and sharp
objects should be removed. Detainees with any signs
of depression or mental illness should be observed
frequently (approximately every 15 minutes) to
detect any unexpected suicide attempts. Some
institutions have standing regulations stipulating
that juveniles accused of certain crimes (murder,
sexual abuse, or assault on a parent) will be
placed on close watch because experience has shown
that there is a high risk of suicide during the
first few days after these crimes.

Mental illness takes many forms. Neurotics are
generally unhappy people who have difficulty coping
with daily living. They experience worry, anxiety,
and disappointment. Neurotics may also worry about
intrusive thoughts about committing actions that
they view as bad or unacceptable. Depression may
result from all the worries of a neurotic.
Depression leads to sleep disturbances (not being
able to fall asleep or waking up very early), slow
talking or moving, and a depressed appearance or
decreased appetite. People with phobias fear
specific places, people, or events. Hypochondriacs
exaggerate illnesses and/or worry excessively about
their health. Compulsive disorders lead to
uncontrollable repetitive thoughts and actions.
People may compulsively set fires or steal. 

Psychotics are unable to function in the world
because they are unable to respond appropriately to
reality. They may act crazy and aggressive, or they
may sit immobile for hours. Some psychotics
hallucinate, especially hearing voices that often
communicate unwelcome messages. Less frequently,
there will be visual, olfactory, or tactile
hallucinations. Psychotic speech rambles and often
makes no sense. The speaker makes up new words or
uses words in unintelligible ways. Their emotional
reactions are severely exaggerated or distorted.
They can suffer from great despair or experience
great ecstasy, sometimes shifting back and forth
from one to the other. Manic depressive patients
swing from deep depression to uncontrolled manic
behavior, when great plans may be made and much
money may be spent. This type of out-of-control
behavior can result in criminal conduct, such as
committing fraud and writing bad checks. Patients
who appear odd or out of touch should be referred
for a psychiatric evaluation.

Personality Disorders

People with personality disorders do not adjust
well to life and use a variety of unhealthy
mechanisms to cope. They may use drugs, drink
excessively, steal, or fight when stressed. They
have low thresholds for frustration and act
impulsively. Their ability to work and adjust to
institutional life is erratic and unstable. When
confronted about their poor performance, they will
blame an external source.

Antisocial persons take incredible risks and commit
outlandish acts that "normal" persons would never
consider. Because they do not consider the
consequences of their acts, other persons may be
severely injured. This diagnostic group includes
pathologic liars who even if confronted with
evidence of the lie, just shrug and ignore the
obvious. 

Many antisocial people have pleasing personalities
and can manipulate others into helping them or even
loving them. This trait makes them very dangerous
because the staff member may inadvertently be
manipulated into helping a detainee in ways that
are not in the best interest of the youth or that
are illegal. For this reason, institutions have
rules concerning staff contact with detainees, and
these rules are meant to protect the unwary from
acts that they later will regret.

Personality Trait Disturbances

People with personality trait disturbances engage
in behaviors that tend to cause problems with other
people. Two common types are emotionally unstable
and passive-aggressive personalities. 

The unstable personality loses control easily when
stressed. The person may panic in emergencies or
respond with explosive temper when challenged. The
person cannot cope with daily difficulties. Poor
judgment leads to inappropriate choices and failure
to establish lasting relationships.

The passive-aggressive personality is divided into
three types. 

o Passive-dependent. These individuals act helpless
in their dealings with others. They do not make
their own decisions and seek advice for even the
simplest situations. The passive-dependent person
clings to institutions, agencies, or individuals
for emotional support and decisionmaking.

o Passive-aggressive. Unable to express aggression
directly, these people express hostility
indirectly. The traits include apparently being
unable to understand directions and following the
literal meaning of instructions, even when it is
obvious some modification is needed. There is
remarkable ability to misunderstand directions,
often with disastrous consequences. Because the
passive-aggressive youth often seems to be one step
ahead of his or her supervisor, the youth can cause
tremendous headaches for authority figures.
Advanced planning to provide consistent firm
guidance may work with these individuals. 

o Aggressive. These people act out their
irritations, grudges, and destructive wishes.
Underneath the hostility, deep-seated dependency
exists. Their hostility may be verbal (lying or
gossiping) or physical (attacking or assaulting).
Because they lack internal controls, external
control must be applied to contain outbursts. The
staff can attempt to teach these individuals
acceptable outlets for aggressive impulses, such as
hard work and recreation.

Passive-aggressive personalities tend to alienate
others, which leads to being ostracized. The
empathetic supervisor provides firm guidance, while
also remembering to praise good behavior as well as
punish bad conduct.

Other Personality Disturbances

Some people have had difficulty adjusting since
infancy. The inability to deal with daily problems
is deeply ingrained, making supervised living a
necessity. The following is a list of other
frequently seen personality types:

o Although some people appear to have normal
intelligence, they do not cope with the
environment. The lack of determination and advanced
planning leaves them on the lowest social and
financial strata. Poor judgment leads to
institutionalization. Poor self-esteem allows them
to accept institutional life because it make few
demands.

o Manic depressive personalities swing from
depression to exaggerated feelings of well-being.
During the high periods, they are engaging but
often overreach themselves. Legal difficulties may
result, leading to arrest. These people can be
confusing because they seem happy one day but
bitter and depressed the next. Medication can be
very helpful for some of these patients by
smoothing out the wide swings.

o Schizoid personalities shun society, preferring
to be alone and unassertive. Emotional involvement
with others is rare, and they appear to be
isolated. They are rejecting rather than being
rejected.

o Paranoid people harbor suspicions about the
intentions and motives of others. Internally, these
persons may have strong negative feelings, such as
envy, jealousy, and hostility, which they project
onto those around them. They expect the worst
because they subconsciously feel deep resentment
toward most people. People with these attributes
cause problems in institutions because they seize
on overreaction to complain that they are being
mistreated. These vindictive, grudge-bearing
persons are unpopular and dangerous to both staff
and detainees. Sadly, these persons are truly
frightened and believe that they are being
persecuted. However, within detention facilities,
there is often much violence among detainees.
Therefore, some individuals will have real reason
to fear. The staff must be diligent in separating
the real dangers from the delusional.

Dealing With the Mentally Ill

Emotionally ill adolescents may not be obvious at
first. With repeated observation, the unusual
behaviors will become apparent. There may be
temptation to blame these behaviors on malingering
or willful stubbornness. The youth worker may be
tempted to ridicule or belittle the person. This
reaction will increase the person's sense of
isolation and lack of understanding. Likewise, the
other residents should be prevented from teasing
their peer. Observing these juveniles when they
think they are alone will help separate malingering
from mental illness. If in doubt, refer the youth
to mental health services.

Stages of Mental Deterioration 

Previously healthy people may become mentally ill
at any time. As their illness worsens, the symptoms
also become more severe. At first, the juvenile may
just withdraw and seem to take less interest in the
world. Later, the juvenile may refuse to follow
direction, neglect personal appearance, or refuse
to talk. Sleep disturbances may begin, including
failure to go to sleep or early waking. The youth
may be sent to isolation repeatedly because of rule
violations or violent behavior. Finally, some
psychotic youth will experience hallucinations,
which are frightening and lead the person to talk
back to the voice. The juvenile careworker hopes to
spot mental illness before it reaches such a severe
state. Appreciation of the early signs of mental
illness allows early intervention and improves the
ultimate prognosis.

Medication and Treatment

Treatment of mental health problems takes many
forms. Some problems can be treated in several
different ways, and in some cases, if one treatment
fails, another can be tried. Mental health
practitioners and medical staff will evaluate the
patient and prescribe the most useful and practical
therapy given the available resources of the
institution.

Group therapy, especially for abused and drug-using
adolescents, often provides effective, inexpensive
care to a large number of patients. Attendance at
Alcoholics Anonymous and Cocaine Anonymous provides
a link to outside programs that the juvenile can
use upon release.

Medication relieves many symptoms, especially for
psychotic patients. Because these drugs have been
misused in the past, some jurisdictions now require
a court order to administer psychotropic
(mind-altering) drugs. Of course, in emergency
situations, these drugs may be administered with
court notification at a later date. Some powerful
antipsychotic drugs may have unpleasant side
effects, including muscle spasms, unusual
behaviors, fainting, intolerance to heat, and dry
mouth. Any patient who complains of problems while
on psychotropic drugs should be referred for
medical evaluation. If the problem is serious, such
as muscle spasms, the person should be seen
immediately because serious or life-threatening
complications can ensue. Many psychotropic drugs
require an electrocardiogram when the drug is
started or when certain doses are exceeded.

In recent years, mental health professionals have
come to believe that hyperactive children who
respond well to stimulant medications will continue
to benefit from them throughout their adult lives.
Therefore, the past practice of stopping the
medication at the age of 14 or 15 is being
abandoned. In hyperactive individuals, stimulants
have a paradoxical effect in which the patient is
calmed rather than excited by the medication. 

Psychotropic medications can be expensive. If the
institution must adhere to a stringent budget,
protocols can be developed to begin treatment with
less expensive drugs first, reserving the most
expensive drugs for those who do not respond.

Many different kinds of mental health personnel
exist. A psychologist has either a master's degree
or a doctorate and specializes in the treatment of
people with emotional or mental disturbances. A
psychiatrist first earns a medical degree and then
has 4 years or more of training to deal with
emotional diseases. The psychiatrist prescribes
drugs, but the psychologist does not. Social
workers with master's degrees often provide
counseling for people with mental health problems,
but they may refer more difficult patients to
psychologists or psychiatrists. Medical doctors,
such as pediatricians and internists, often have
some psychiatric training and can care for some
uncomplicated mental health problems. These
physicians are also equipped to deal with the side
effects of some psychiatric medications. Because
psychotropic medications can cause serious side
effects, institutions should develop protocols that
designate the practitioners permitted to order
these drugs.

Summary

Mental illness can be subtle. Juvenile careworkers
should be alert for the symptoms of mental illness
and refer the adolescent for evaluation.
Communicating with medical and psychological
personnel regarding the behaviors observed on the
unit provides valuable information needed to
diagnose and treat the juvenile's mental illness. 

The Role of Juvenile Careworkers

Mental disorders are serious problems and should be
treated by professionally trained and accredited
mental health care providers. However, most
juvenile detention facilities do not have ready
access to these staff or services. Juvenile
detention caregivers find themselves in situations
that require them to deal with mental disorders
without the appropriate training or support
services. The immediate question for direct care
staff is "What should you do when presented with
mental disorders?"

The following information is derived from a
handbook on adolescent mental health issues in
juvenile detention (Kroening, 1992). It provides
guidance and direction for staff in terms of
immediate responses to selected mental disorders.
Whenever these conditions present themselves, you
should do the following:

o Document the youth's behavior.

o Document your response to the behavior.

o Make a request for services by mental health care
providers.

o Inform your shift supervisor of the above.

Depression

What Is Depression? Depression is used to describe
a mood state characterized as feeling down in the
dumps or feeling blue. The term is also used to
describe a clinically diagnosed mental condition
that impairs a youth's ability to perform even
basic activities of daily living. Depression ranges
from mild, temporary feelings of sadness to deep,
chronic feelings of hopelessness and despair,
possibly resulting in psychotic symptoms or
suicide.

What Causes Depression? There are several
explanations for the development of depression.
Heredity suggests that individuals with parents or
relatives who are depressed are likely to develop
depression. Biological explanations suggest that
there is a chemical alteration or imbalance in the
brain leading to depressive behavior. Psychological
explanations imply that depression develops as a
response to a stressful event in an individual's
life. Incarcerated youth have had a tremendous
number of stressful life events. Family conflicts,
poor peer relationships, school difficulties,
substance use, exposure to violence and trauma,
legal problems, and grief and loss are common.

Signs and Symptoms of Depression. The signs and
symptoms of depression include:

o Loss of interest.

o Changes in appetite.

o Changes in sleeping.

o Decreased energy.

o Self-blame.

o Bad feelings about oneself (low self-esteem).

o Feelings of sadness, hopelessness, or worry.

o Poor concentration.

o Thoughts of death.

o Aggressiveness.

o Agitation.

o Physical complaints.

o Poor academic performance.

What To Do With a Resident Who Is Depressed:

o DO assist the individual in accomplishing the
activities of daily living.

o DO encourage the individual to talk about his or
her feelings.

o DO reinforce the individual's strengths and
positive characteristics.

o DO assist the individual in developing basic
problem-solving skills.

o DO encourage interaction with others.

What Not To Do With a Resident Who Is Depressed:

o DO NOT tell the individual to cheer up because
"things aren't so bad after all" or because "it
will be better tomorrow."

o DO NOT ignore talk of suicide.

Suicide

What Is Suicide? Literally, the word means to kill
oneself. In most literature, suicide describes a
range of behaviors on a lethality scale. Lethality
indicates exactly how deadly or dangerous the
behaviors are. Suicidal behaviors are on a
continuum, progressing from suicidal ideation (low
lethality) to suicide attempts (high lethality) to
completed suicides (lethal). These terms are
described as follows:

o Suicidal ideation--thoughts of wanting to kill
oneself. These thoughts may be vague ("I wish I
were dead") or specific ("I am going to hang myself
with a bed sheet"). 

o Suicide attempts--actions taken by the individual
that are intended to end his or her life.
Medium-lethality suicide attempts might include a
plan, such as shooting oneself but having no gun or
overdosing on medication but having only three
aspirins. High-lethality attempts might include
acts such as jumping from a bridge or hanging,
which would in most cases cause death. 

o Completed suicide--death resulting from a
self-inflicted act.

What Methods Cause Suicide? Gunshots, hanging,
overdose, carbon monoxide poisoning, deep cuts to
the wrist or neck, intentional motor vehicle
accidents, and poisoning are common suicide
methods. In incarcerated settings, hanging is the
most widely used method. Specifically, suicide
attempts have been made by hanging with shoe
strings, jump ropes, dental floss, bed sheets, and
pieces of clothing or by strangulating with tape,
rope, dental floss, and clothing or bedding strips.
Less usual attempts at suffocation have included
using plastic bags placed over the head and taped
around the neck; drowning in toilets and sinks; and
choking with small objects, plastic bags, or
deflated balloons. Some youth attempt to hoard
their or other youth's medications and overdose
once they believe they have enough. Youth
occasionally attempt to poison themselves by eating
or drinking cleaning fluids, soaps, medicated
shampoos, deodorants, lotions, and hair products.
In general, if youth are intent on killing
themselves, they will try methods that staff may
not even consider to be lethal.

Signs and Symptoms of Suicide. The signs and
symptoms of suicide include:

o Expressions of depression, hopelessness, guilt,
extreme remorse, or boredom.

o Curiosity about death and the afterlife.

o Withdrawal from or continual opposition to usual
routines in an attempt to gain isolation from
others.

o Absence of the usual adjustment to the routine of
detention (i.e., continued stress, oppositional
attitudes, or negativity).

o Threats to kill himself or herself and comments
to other peers that he or she is thinking of
suicide.

o Continual aggression against others in the
detention environment (indicating impulsivity)
regardless of consequences.

What To Do With a Resident Who Is Suicidal:

o DO take all talk or threats of suicide seriously.

o DO talk with the individual about his or her
plans.

o DO listen to the individual.

o DO seek consultation from mental health services.

What Not To Do With a Resident Who Is Suicidal:

o DO NOT challenge the individual by telling the
youth you can prevent him or her from committing
suicide no matter what he or she does.

o DO NOT leave an adolescent who is at high risk
for suicide alone in confinement.

o DO NOT discount the individual's feelings by
telling the youth that he or she will be sorry for
committing suicide or that his or her feelings are
wrong.

Sexual Abuse

What Is Sexual Abuse? Sexual abuse is a term to
describe a variety of inappropriate and damaging
sexual behaviors performed by adults on children or
sexual acts performed by adolescents on younger
children. Acts committed during sexual abuse
include: 

o Child pornography (filming or photographing, even
with consent).

o Child prostitution (financial reimbursement for
sexual services).

o Cunnilingus (oral sex performed on the female
genitals).

o Emotional seduction (inappropriate emotional
behavior). 

o Exhibitionism (exposing one's genitals to
others).

o Exposure to primal scenes and pornography
(exposing a child to others engaged in sexual
acts).

o Fellatio (oral sex performed on the male
genitals).

o Fondling (manipulating a victim's genitals,
stroking, or caressing).

o Frotteurism (rubbing one's genitals against the
body of a stranger in a crowd).

o Incest (sexual contact among family members of a
family unit).

o Masturbation (observing or participating in the
manipulation of one's genitals or another's
genitals).

o Pedophilia (sexual interest by an adult in
prepubescent children).

o Rape (intercourse against one's will).

o Ritual abuse (a variety of sexual abuses that
also involve bizarre ceremonial or religious
components, such as sex with animals; eating or
drinking human or animal blood, urine, or feces;
and sex with dead bodies).

o Sadomasochism (sexual excitement by inflicting
and receiving pain).

o Sodomy (anal intercourse).

o Voyeurism (sexual excitement derived from
observing others engaged in sex). 

What Causes Sexual Abuse? Male and female sexual
abusers are generally characterized by chronic and
severe learning disabilities, significant social
incompetence and social isolation, poor
self-esteem, poor judgment, lack of impulse
control, antisocial behaviors, and lack of
appropriate sex information and education. Sexual
abusers were often victims of sexual abuse.

Signs and Symptoms of Sexual Abuse Victimization.
The signs and symptoms of sexual abuse
victimization include:

o Multiple somatic (physical) complaints and
specific fears around eating, sleeping, being
alone, or being in certain places.

o Problems with bladder and bowel control,
especially at night.

o Inappropriate sexual play with peers or adults,
such as requests to touch, explicit questions about
an adult's sexual practices, or masturbation.

o Depression, irritability, withdrawal from peers,
or extreme aggression against objects of play, such
as stuffed animals or dolls.

o Mutilation and suicide attempts.

What To Do for Victims and Perpetrators of Sexual
Abuse:

o DO become familiar with State laws and agency
requirements for reporting sexual abuse.

o DO assist the youth in locating available
resources for both immediate medical assessment (if
necessary) and long-term counseling.

o DO share correct and appropriate information
about sex with the adolescent if he or she is
asking questions.

o DO vocalize and maintain proper boundaries with
youth, always maintaining a professional (not a
parental or peer) role.

o DO set limits with a youth who is having
difficulty with impulse control or set boundaries
with other youth or staff.

o DO provide support by listening and showing
acceptance of the youth.

o DO separate the victim and perpetrator in the
event of a sexual assault.

What Not To Do With Victims or Perpetrators of
Sexual Abuse:

o DO NOT judge, criticize, or suggest blame in any
way.

o DO NOT pass on information to others who do not
need to know.

o DO NOT mix perpetrators and victims in group
sessions that focus on abuse.

Psychosis

What Is Psychosis? Psychosis describes conditions
that produce problems in an individual's ability to
recognize reality and to relate to others. Two
major symptoms associated with psychosis are
hallucinations and delusions.

What Causes Psychosis? Hallucinations occur when a
person inaccurately perceives something that in
fact is not there. Hallucinations can be
experienced through any of the senses: hearing
(auditory), seeing (visual), smelling (olfactory),
tasting (gustatory), or touching (tactile).

Signs and Symptoms of Psychosis. The signs and
symptoms of psychosis include the following:

o A person may complain of designs that do not
exist or people who are not there.

o A person may hear sounds that are garbled or
noises that are often described as static or
background noise.

o A person may complain of voices that are
perceived clearly and may give orders or commands.

o A person may complain that voices are making a
nonstop commentary on his or her behavior.

o A person may complain of foul smells or tastes or
nausea from them and may stop eating or become
malnourished.

o A person may respond slowly to questions as
though responding to internal instructions.

What To Do With a Psychotic Resident: 

o DO talk to the person in a direct, calm manner,
using concrete language.

o DO shift the focus of conversation to the feeling
or theme underlying the delusion.

o DO help the individual engage in concrete
activities that are socially acceptable and
rewarding.

o DO stay with the individual, remain calm, and
reduce sensory input.

o DO try to make the present environment and
activities interesting and enjoyable.

o DO help the individual explore acceptable ways to
express feelings.

What Not To Do With a Psychotic Resident:

o DO NOT support or reinforce the individual's
delusions.

o DO NOT attempt to attack or challenge the
individual's delusion.

o DO NOT joke or tease the individual about the
delusion.

Nonverbal Deescalation Strategies

Crisis intervention skills are an essential
component of good caregiver practice. All staff
should have training in crisis intervention,
including (a) a review and analysis of the
institution's policies and procedures on the use of
physical restraint, (b) procedures for making
referrals to psychological services staff or to the
department of mental health, (c) identification of
mental disorders, (d) certification in dispute
mediation and conflict resolution (e.g., New Mexico
Center for Dispute Resolution), and (e)
certification in an approved method of safe
physical restraint (e.g., Crisis Prevention
Institute).

For the direct careworker, the most important skill
is the ability to deescalate an upset or agitated
youth. Verbal deescalation techniques are normally
included in certification programs, and these
techniques require practice due to their
complexities. Nonverbal techniques are simple and
much easier to implement. Lombardo (1994) outlined
several useful nonverbal techniques to deescalate
potentially dangerous behaviors in detained youth.
These nonverbal techniques include:

o Monitoring Your Overall Body Language.

- DO maintain a relaxed yet erect posture, hands
open (palms up) in front of you. (This position
portrays a nonaggressive stance.)

- DO NOT point your finger, shake your fist, or
shrug your shoulders. (Such behavior increases
hostility.)

o Portraying an Impartial Demeanor.

- DO maintain a neutral facial expression. (This
expression indicates an attentive, nonjudgmental
demeanor.)

- DO NOT grimace, roll your eyes, or look bored.
(These reactions tend to aggravate an already tense
situation.)

o Portraying Confidence.

- DO maintain appropriate eye contact at all times.
(This response displays confidence and concern;
however, to some ethnic groups, it means
hostility.)

- DO NOT lose eye contact or lose sight of the
youth. (This response may be perceived as fear,
rejection, or lack of care.)

o Portraying Calmness.

- DO remain positive. Self-talk should be stated in
positive and encouraging terms--(the event) +
(self-talk) + (feeling) + (behavior). "I'm in
control of the situation." "I have several options
that will work."

- DO NOT engage in negative self-talk. "I'm not in
control." "I don't have any options." "I'm in big
trouble." (Such negative self-talk makes it
difficult for you to think and act effectively.)

o Maintaining a Safe Distance.

- DO keep a minimum distance of three arm's lengths
between you and the agitated youth. (This spacing
reduces the likelihood of standing in the region
where punches, pulls, grabs, pushes, and lunges
occur.)

- DO position yourself so that you are standing at
a 45 degree angle to the agitated youth. (This
nonthreatening position reduces the number of
vulnerable areas of your body that could be
attacked. It also puts you in an easier position to
turn quickly and retreat, if necessary.)

- DO keep both hands open (palms facing up) and in
front of you. (This stance allows you to block and
grab at the same time, if necessary. It also
portrays an open, nonaggressive demeanor.)

- DO stand behind large objects. (Large objects
such as tables, chairs, or desks serve as potential
safety barriers and shields.)

- DO exit using the designated escape route when
physical restraint is not warranted. (If the exit
is directly behind you, move back and exit. If the
exit is blocked by the attacker, circle behind him
or her until you are able to escape.)

- DO NOT stand closer than three arm's lengths
between you and the agitated youth. (This spacing
increases the likelihood of standing in the region
where punches, pulls, grabs, pushes, and lunges
occur.)

- DO NOT position yourself directly in front of the
agitated youth. (This position may be viewed as
threatening. It tends to expose vulnerable parts of
your body. Also, it reduces your ability to turn
quickly and retreat, if necessary.)

- DO NOT put your hands behind you or in your
pockets. (This stance makes you vulnerable to an
attack. It may also increase hostility because the
agitated youth may think that you are concealing a
weapon.)

- DO NOT stand in front of large objects. (This
position creates an open, barrier-free region for a
potential attack.)

- DO NOT remain to confront an attacker when you
have immediate access to an escape route and when
physical restraint is not warranted. (This response
increases the likelihood of aggression and
counter-aggression.)

------------------------------

Chapter 15 Special Issues

Violence

Accessibility of Weapons

The phenomenon of the past decade that has had a
major effect on youth violence and homicide has
been the availability of firearms. Between 1979 and
1989, the homicide rate from gunshots for youth 15
through 19 years of age increased by 62 percent. In
1991, the nearly 50,000 juvenile weapons arrests
accounted for more than 1 out of 5 of all weapons
arrests (Allen-Hagen and Sickmund, 1993). The
increase in firearm homicide is most pronounced
among African-American juvenile males in the core,
fringe, and medium-sized metropolitan areas of the
country. One contributor to this epidemic in
firearm-related homicides has been the greater
availability of more lethal weapons, such as
assault-type weapons and 9mm repeating or
semiautomatic pistols that are very accurate, even
for persons with little or no experience in weapons
use (National Coalition, 1993). 

The widespread use of weapons, especially in the
core cities, also increases significantly the
exposure of young children to violence and violent
death. A survey of fifth graders from one
elementary school located near a public housing
project in New Orleans revealed the following:
nearly everyone in the group had heard of some form
of violent episode, 91 percent had witnessed
violence, and more than half had been victims of
some form of violence. Furthermore, 26 percent of
the sample had witnessed a shooting, and 90 percent
had witnessed a stabbing. Such persistent exposure
to real, not only fictional, violence is bound to
have a profound effect on children (National
Coalition, 1993). According to the staff
psychiatrist at the San Diego County Juvenile Hall,
posttraumatic stress disorder (PTSD) is the most
common mental health problem of detained youth
referred for mental health services.

Managing Violence in Juvenile Detention

Dealing with violence in a juvenile detention or
corrections facility begins with an understanding
that it is much more than a management problem.
Violence in juvenile detention and corrections
facilities often reflects the violence in society.
To address institutional violence, detention
managers need to consider the following:

o Violent values of the staff as well as the
residents.

o Analysis of the types of violence occurring in
the institution.

o Analysis of current institutional policy
regarding the management of acting-out behavior and
the consistency of its enforcement.

o Analysis of how training prepares staff to manage
crisis situations before they erupt into violence.

Violent Values

Although there are benefits to creating a
culturally balanced staff by hiring from the
communities in which residents live, a detention
manager must understand what violent values are
reinforced in that community and must examine how
entrenched residents and staff are in that violent
belief system. An exercise in encouraging staff to
articulate their attitudes about violence is a good
beginning for a series of training sessions that
deal with violence. Managers may want to begin by
administering some type of violence attitude scale
so that staff may see their value systems in a
larger societal context (DeFazio and Warford, 1992,
1993).

Limits to Violence. It is imperative during these
exercises that management draw clear limits
regarding what level of violence will be tolerated
in the institution. People tend to act out on
violent impulses if they feel the violence is
justified and/or if they feel they can get away
with it. Establishing narrow margins around violent
behavior is the first step in preventing its
escalation.

Types of Violence

It is important to analyze the current policies and
procedures in the institution for managing anger
and acting-out behavior and to examine how
consistently they are being enforced. This analysis
should look at the particular types of violence
currently disrupting the institution. When
possible, staff should classify violence using the
three categories outlined by Jenkins and Bell
(1992): expressive violence, instrumental violence,
and gang-related violence.

Are the violent incidents due to a psychiatric
condition of the residents or staff? If so, is
psychiatric intervention and treatment available?
If psychiatric services are not available, then
management should address access to these
particular professional services.

Do the violent incidents represent staff or
residents' difficulty in dealing with an
interpersonal conflict? If enough of the violent
incidents are related to individuals dealing with
conflict in their interpersonal relationships, then
perhaps increased availability of crisis
intervention and supportive counseling is needed.

Is the violence related to chemical usage? Is it an
isolated incident, or are there avenues by which
staff and/or residents are using mood-altering
chemicals within the institution? In this area,
there should be much discussion about issues such
as when to place a resident exhibiting signs of
intoxication at admission into the general
population or how to deal with staff strongly
suspected of using mood-altering chemicals.
Although these are difficult issues to resolve,
there can be no management of violent acting-out
behavior if staff or residents are under the
influence.

Gangs. Is the violence in the institution related
to gangs, or is it some other type of
group-supported violence? In this case, staff are
dealing with a different situation. Research
suggests that youth tend to act violently when they
feel that their violence is supported or expected
by other gang members. Staff should firmly and
clearly declare appropriate standards of behavior
and strictly enforce them. Each individual should
be held responsible for inappropriate or violent
behavior by facing program restriction, short-term
confinement, or assault charges. It is important
not to empower the gang by acknowledging or
justifying its reasons for violence or
intimidation.

For this reason, it is important to know how
committed staff members are to a violent belief
system. Staff who support a gang's code of
violence, or who express openly to the residents
their sympathy for the cause, may be deliberately
or unintentionally undermining the goals and
philosophy of the institution. Although the
administration wants to express a degree of
tolerance for individual diversity in some areas,
margins should be set very narrowly on what the
institution will tolerate concerning violent
behavior. Staff members who vocally or silently
give residents cues that violent aspirations are
justified may be encouraging that resident to act
out. Management should be as clear with staff
regarding its intolerance of violence as it expects
the staff to be with the residents.

Management must assist staff members in exploring
their values on violence in relation to the
institution's standards, and management must train
the staff to deal more effectively with
confrontational situations in which their behaviors
may escalate the violence. There are many programs
that focus on developing skills in crisis
intervention, conflict resolution, and peer
mediation. Staff training should also include
ongoing training in passive restraints, safety
mechanics, and appropriate use of isolation.

Violence Prevention Programs

Once staff members feel competent in dealing with
violent behavior, training should be expanded to
include instruction on how to lead a violence
prevention program. Even short-term facilities can
begin to reeducate residents toward nonviolent
outcomes in conflict situations. There are several
excellent violence and anger prevention programs
designed for detention and corrections settings
(Cellini, 1994; Crumbley, Aarons, and Fraser, 1992;
DeFazio and Warford, 1992, 1993; and Smith, 1993).

Violence prevention programs are generally
organized into two main components: confronting the
violent value system and teaching skills in problem
solving. Short-term facilities concerned with
violence prevention should initiate programs that:

o Confront value systems that promote violence.

o Validate or promote nonviolent responses to
conflict.

o Build social skills in problem solving and
conflict resolution.

o Help residents identify alternatives to violence
and internalize these options through adult
modeling.

o Enable residents to feel confident in their
identities without assuming an aggressive posture.

Confronting Violent Value Systems. Confronting the
violent value system can be achieved by discussion
groups on: 

o What is violence?

o Is it ever justified?

o If so, when is it justified?

o What triggers violence?

Encouraging residents to express their attitudes on
violence helps them to understand a broader,
societal view of the issue. Discussions on
"triggers" should identify the needs of victims,
perpetrators, and bystanders in a conflict
situation. Many cognitive approaches have reduced
the notions that violence is impulsive and that it
cannot be helped (Crumbley, Aarons, and Fraser,
1992; Guerra and Slaby, 1990; and Slaby and Guerra,
1988).

Problem-Solving Skills. When teaching residents how
to resist learned violent behavior and resolve
conflicts peacefully, it is imperative to teach
them problem-solving skills. These skills are best
learned with role play and specific applications to
real-life situations. As residents become more
adept at problem-solving skills, they can analyze
for themselves the realistic outcomes of responding
violently to conflict as opposed to using other
alternatives that may produce outcomes more
congruent with their original desires. Smith (1993)
reported a 37-percent decrease in disciplinary
infractions among incarcerated youth who were
trained as dispute mediators. Furthermore,
improving social skills is a strategy used to
resolve behavior problems among youth in detention
(Roush, Christner, Lee, and Stelma, 1993).

One violence prevention program for detained youth
begins by teaching how to cognitively break down an
emotional situation that typically leads to an
impulsive, angry, or violent response (DeFazio and
Warford, 1992). Staff are taught the following
problem-solving steps: 

o What's happening? (Problem identification)

o Chill. (Stop and think about what both sides want)

o Do this, do that! (Identify alternatives)

o What goes around. (Think through the comes
around consequences)

In situations when violence has escalated to the
point that a crisis intervention strategy is
needed, Cellini (1994) recommended a seven-step
approach to deescalating or defusing institutional
violence through methods that rely on communication
skills more than physical force to subdue
juveniles. If this process fails, however, staff
must take swift action to prevent harm and to stop
further violence. Cellini's seven steps are as
follows:

o Provide a clear chain of command. One person on
each shift must be designated in advance to control
crisis situations. It is important to teach
juvenile careworkers the policies and procedures
concerning the chain of command so that they know
which staff member is in charge of crisis
management decisions.

o Remove unnecessary bystanders. The more people in
the area, the less likely it will be that
careworkers can control a violent youth. Additional
staff, juveniles, or other bystanders should be
removed from the immediate area, removing the
audience and minimizing harm to other residents.

o Do not rearouse the traumatic event. It is not
advisable to ask violent youth why they are angry
or what caused the disturbance. Often, violent
youth become more agitated as they begin to explain
the situation. The goal is to deescalate the
problem, not enhance the tension. It is also
important to separate any combatants. Removing them
from the area where the incident occurred helps
defuse their anger.

o Acknowledge any signs of anger. It is important
to acknowledge the youth's anger by making
behavioral observations, such as "You sure are
mad." The observation makes an aggressor aware of
the anger and its effect. This approach tends to
calm down youth and helps to turn their attention
away from the environment and onto themselves.

o Describe your role as protector. Let the youth
know that you are there to stop any violent actions
or urges. Youth need to know that it is the
juvenile careworker's role to protect all youth
within the system, even from themselves.

o Be aware that loudness does not always indicate
violence. The amount of noise that youth make is
not always related to the level of aggression. An
exception might be someone who has a borderline
personality or thought disorder. These individuals
often act out with little or no provocation, and
the acting out is usually in response to internal
thoughts or images that have little or nothing to
do with reality.

o Be aware of signs of alcohol or drug use. It is
important to note any signs of alcohol or drug use
among youth. Deescalating a violent scene that
involves drugs is much more complicated. When anger
and impulses associated with conflict are coupled
with the disinhibiting effects of alcohol or other
drugs, juvenile careworkers must approach youth
with extreme caution. This precaution is
particularly important for staff who handle
admissions to the detention facility or who are
assigned the supervision of residents returning
from the community after court appearances, home
visits, or special programs.

Summary

Violence prevention does not have to be a formal
program. It can be a series of interventions with
residents that teach and encourage (a) alternatives
to violence and (b) connections to the real-life
consequences of violence. Even if there is no
formal program in problem solving, the effects of
adults modeling nonviolent responses to conflict
and demonstrating strength in controlled but
nonviolent reactions to conflict are giant steps
forward in promoting a nonviolent institution as
well as developing nonviolent citizens.

The success or failure of an institution's approach
to managing violence depends on how well its
policies and procedures on violence and
violence-related behaviors are received by staff
and residents. If the messages are clear, firm, and
consistent, the institution sets a strong value for
nonviolence.

Alcohol and Other Drugs

Alcohol and other drugs jeopardize the safety of
residents in juvenile detention. Anything that
increases the risk to juvenile safety also
increases staff liability. It is important that
juvenile detention careworkers conduct competent
assessments of juvenile detainees so that accurate
determinations can be made regarding alcohol and
other drug use. Careworkers should have a system of
referral so that youth in need of detoxification or
chemical dependency management receive those
services from qualified health care providers.

Assessment is the most important element in the
management of alcohol and other drugs in juvenile
detention. Excellent security procedures eliminate
the opportunities for alcohol and other drug use
while youth are detained at the facility.
Therefore, the times of greatest risk occur at
admission, during transfers (to public places, such
as court, hospitals, or placement sites), and after
visitations.

The health dangers associated with tobacco and
marijuana are dangerously high in a locked
institution. Because both substances are smoked,
residents need a source of fire. Matches and
lighters can also be used to ignite mattresses,
bedding, and other clothing to create a fire in the
institution. All institutional staff fear the
possibility of youth dying while in confinement,
and the two greatest risks of resident death are
suicide and fire.

Alcohol and Other Drug Screening

All detention facilities should have policies and
procedures that require alcohol and other drug
screening at the time of admission and at other
designated times during the youth's stay. A recent
survey of juvenile detention facilities (Barton,
1992) estimated that only 60 percent of juvenile
detention facilities conduct alcohol and drug
screening.

Of those facilities that conduct a screening,
nearly all use some form of interview or survey.
Samples of screening interviews or surveys can be
found in the appendix section of the National
Commission on Correctional Health Care (NCCHC)
Standards for Health Services in Juvenile Detention
and Confinement Facilities (1992). More information
and examples are provided in tables 1-5 at the end
of this chapter. In addition to answering
questions, the Office of Juvenile Justice and
Delinquency Prevention (OJJDP) set forth a 12-step
drug recognition protocol for juvenile justice
personnel (Sweet, 1990). These steps are as
follows:

o Take a drug history. Ask a structured series of
questions concerning prior drug involvement. The
drug history may reveal patterns of usage that will
be of assistance in the evaluation. 

o Administer a breath-alcohol test. With a
breath-testing device, staff can determine if
alcohol is contributing to the juvenile's
observable impairment and if the concentration is
sufficient to be the sole cause of impairment. The
use of information about a juvenile's blood-alcohol
concentration is helpful in determining if a
juvenile is in need of immediate medical treatment
or other special attention.

o Perform the preliminary examination (prescreen).
Ask a structured series of questions, make specific
observations, and have the juvenile perform simple
tests that provide an opportunity to examine the
youth closely and directly.

o Examine the eyes. The inability of the eyes to
converge toward the bridge of the nose suggests the
presence of certain drugs, such as marijuana. Other
categories of drugs can induce horizontal-gaze
nystagmus, which is an involuntary jerking that may
occur as the eyes gaze to one side or as they are
elevated. Central nervous system depressants
(alcohol, barbiturates, and tranquilizers) will
typically cause horizontal-gaze nystagmus. 

o Administer the divided-attention psychophysical
tests. These tests include the Lomberg balance,
walk and turn, one-legged stand, and finger to
nose. Specific areas of omission or commission can
point toward specific categories of drugs causing
impairment.

o Perform the darkroom examination. Systematically
check the size of the pupils, the reaction of the
pupils to light, and the evidence of drugs ingested
by nose or mouth. Certain categories of drugs
affect the eyes in predictable ways, especially the
pupils.

o Examine vital signs. Perform systematic checks of
the juvenile's blood pressure, pulse rate, and
temperature. Certain categories of drugs, including
stimulants, will elevate blood pressure and pulse
rate, raise the body temperature, and cause
breathing to become rapid. Other drugs, including
narcotic analgesics, produce the opposite effects.

o Examine for muscle rigidity. Certain categories
of drugs, such as phencyclidine (PCP), can cause
the muscles to become hypertense and very rigid. 

o Look for injection sites. Some users of certain
drugs routinely or occasionally inject the drugs.
Evidence of hypodermic needle use (scars or
"tracks") may be found in veins along the arms,
legs, or neck. 

o Interview the juvenile and make observations.
Based on the results of the previous steps, the
juvenile careworker should have formed at least a
suspicion about the category or categories of drugs
that may be present. Attempt to interview the
juvenile concerning the suspected drug or drugs.

o Form an opinion. Based on all evidence and
observations, staff should be able to reach an
informed conclusion about whether or not the
juvenile is under the influence and about the
category or categories of drugs that are causing
the impairment.

o Request a toxicological examination. Clinical
tests provide scientific, admissible evidence to
sustain your conclusions.

Drug Testing

The drug-testing strategy of choice is urinalysis.
Urine tests are used by nearly 41 percent of the
facilities that conduct drug screenings, and this
figure represents approximately 25 percent of all
detention facilities (Barton, 1992). In a
comprehensive survey of drug testing among juvenile
detainees, the American Correctional Association
(ACA), in conjunction with the Institute for
Behavior and Health (IBH), found that 26 percent of
the detention centers in the sample used urinalysis
or some other type of drug testing (ACA-IBH, 1991).
The ACA-IBH report (1991) compared methods and
strategies for drug testing. It also provided the
basis for pilot testing of drug-testing concepts.

Model drug-testing programs were developed at
juvenile detention centers in Jackson, Tennessee
(Dooley, 1994), and Marion, Ohio (Lashey, 1994).
The reports of these programs indicated the
following:

o Drug testing is relatively inexpensive.

o Anticipated problems did not arise.

o Youth cooperated and did not throw urine on
staff.

o Drug testing facilitated the rehabilitation
process.

o Families of detained youth supported drug
testing.

o Drug testing strengthened probation.

Chemical Dependency Management

What Is Chemical Dependency? Chemical dependency
describes the use of legal and illegal substances
(sedatives, stimulants, and hallucinogens) to the
extent that they negatively affect most areas of an
individual's life. Tolerance (requiring more of the
substance to produce the same effect) and
withdrawal (experiencing adverse physical reactions
to decreased or stopped use of the substance) are
factors used in diagnosing dependence. Abuse is
considered to be a lesser form of dependence in
which the individual is able to exert some control
but still uses in spite of adverse effects.

What Causes Chemical Dependency? It is not uncommon
for individuals to abuse drugs in several
categories at the same time. Sedative drugs include
(1) alcohol; (2) barbiturates, such as Pentothal,
Seconal, and Phenobarbital; (3) benzodiazepines,
such as Halcion and Valium; and (4) opiates, such
as morphine, codeine, and heroine. Stimulants
include (1) amphetamines; (2) caffeine; and (3)
cocaine. Hallucinogens include (1) inhalants, such
as glue, anesthetic gases, and amyl nitrate; (2)
LSD; (3) marijuana; (4) mescaline; and (5) PCP.

Signs and Symptoms of Intoxication and Withdrawal

Alcohol Intoxication. Alcohol intoxication is
characterized by aggressive, silly, seductive,
overly talkative, or very energetic behavior.

Alcohol Withdrawal. Alcohol withdrawal is
characterized by the following discrete stages:

o 6 to 8 hours--Loss of appetite, anxiety,
insomnia, nausea, increased sweating, minor
shaking, and a craving for alcohol.

o 7 to 24 hours--Persistent and increasingly severe
symptoms as described above and auditory and visual
distortions or hallucinations.

o 7 to 48 hours--Some symptoms from previous stages
and occurrence of multiple seizures.

o 7 hours to 14 days--Delirium tremens (DT's),
which involve confusion, disorientation,
hallucinations, delusions, agitation, tremors,
speech that is garbled or slurred, increased heart
rate, fever, sweating, nausea, or diarrhea. DT's
can end in circulatory collapse and death.

Marijuana Intoxication. Marijuana intoxication is
characterized by mild euphoria, excitement, joy,
increased sensory awareness, possible mild
paranoia, decreased energy, mild fears,
hallucinations, and difficulty in memory or
concentration.

Marijuana Withdrawal. Marijuana withdrawal occurs
within a few hours or a few days and includes
fatigue, insomnia, craving, difficulty in
concentration, slowness in muscular responses,
increased blood pressure and pulse, and mild
confusion. It is not usually life threatening.

Cocaine Intoxication. Cocaine intoxication involves
increased alertness, euphoria, increased energy,
increased self-confidence, increased sex drive,
intense sensory experiences, decreased need for
sleep, impaired judgment, mild anxiety,
irritability, or paranoia. Potentially fatal
cardiac artery damage can occur in first-time
users. Seizures, strokes, and hemorrhages of the
blood vessels in the brain also can occur with
regular use.

Cocaine Withdrawal. Cocaine withdrawal usually
occurs within 9 hours to 4 days and is sometimes
known as a crash, which includes fatigue,
depression, difficulty sleeping, decreased energy,
exhaustion, or increased sleeping. Between 1 and 10
weeks, youth may experience withdrawal anxiety,
irritability, intense cravings, problems with
memory and concentration, lack of energy, decreased
sex drive, and inability to experience pleasure in
usual activities.

What To Do for Youth Who Are Intoxicated or
Withdrawing:

o DO try to get a history of drug use and prior
withdrawal complications from the individual.

o DO seek immediate medical attention for the
individual who appears to be intoxicated or in
withdrawal.

o DO assist the individual in identifying other
activities that may help relieve stress, anxiety,
or boredom.

What Not To Do:

o DO NOT let the individual sleep it off.

o DO NOT minimize an individual's medical
complaints, even if it has been a couple of weeks
since use.

o DO NOT ignore the depression or irritable mood
that accompanies withdrawal, thinking that it will
diminish.

Summary

Detoxification and chemical dependency management
are medical procedures, and written policies and
procedures should include clear guidelines on how
to refer detained youth to an appropriate health
care facility to receive these services (NCCHC,
1992; and Owens, 1994). Although ACA Standards
(1991) stop short of prohibiting the detoxification
of youth at the detention center, they require
supervision by medical and other trained health
staff.

Controlling Suicidal Behavior

Study of Conditions of Confinement

The Study of Conditions of Confinement (Parent et
al., 1994) provided valuable insights about
suicides and suicidal behaviors (attempted
suicides, suicidal gestures, or self-mutilations)
in juvenile detention facilities. In addition to
providing some baseline data about the frequency of
suicidal behavior, the study examined whether or
not facilities had suicide screening policies,
written suicide prevention plans, staff training in
suicide prevention, or policies to monitor suicidal
juveniles once every 4 minutes.

The study found that only about one in five
juveniles were detained in facilities that met all
four criteria. The study also showed that
facilities that conduct suicide screening at
admission and train staff in suicide prevention had
lower rates of suicidal behavior. Detention centers
that conformed to a supervision staffing ratio
criterion of 1:8 (one juvenile careworker for every
eight detained youth) had lower suicidal behavior
rates. However, as staff turnover rates increased,
suicidal behavior also increased, underscoring the
importance of staff training in suicide prevention.

Recommendations

The study made the following recommendations
regarding the control of suicidal behavior: 

o We recommend that all juveniles be screened for
risk of suicidal behavior immediately upon their
admission to detention facilities. 

o We recommend that suicidal juveniles be
constantly monitored by staff. This means that
suicidal youths should not be isolated or placed in
a room by themselves. When suicidal juveniles are
housed in single rooms, staff should be with them
continuously. A mental health professional should
assess suicidal youths as quickly as possible and,
if they deem it necessary, the youths should be
transferred to a medical or mental health facility
that is staffed and equipped to deal with suicidal
youth.

o We also recommend that agencies study the causes
of high supervision staff turnover rates, develop
strategies to reduce high turnover rates, and
soften the effects of turnover by increased
training.

Juvenile detention has made considerable progress
in each of the four areas for controlling suicidal
behavior described in the Study of Conditions of
Confinement. Quality information is available to
administrators, trainers, supervisors, and line
staff in juvenile detention regarding the
prevention of suicides (Johnson and Davisson, 1994;
Mace et al., 1994; Paugh, 1989; Rowan, 1989; Womack
and Jenkins, 1992; and Kroening, 1992). 

Screening

Assessment of suicidal risk is the most important
component of the suicide prevention plan.
Assessment is a function of the screening that
occurs at admission and that is updated throughout
the youth's stay in detention. 

At the heart of the assessment process is the
interview conducted at admissions. At admissions,
all juveniles should be asked a series of questions
regarding suicidal behavior. According to Womack
and Jenkins (1992), detained youth who were
thinking about suicide had a strong desire to talk
about it. A popular myth about suicide is that
talking about it will increase its likelihood. In
fact, talking about suicide reduces its likelihood
(Parent et al., 1994).

Following a period of informal conversation (see
Chapter 9), following discussions about depression
(see Chapter 15), and following discussions about
alcohol and other drug use, staff should ask a
series of questions regarding suicidal behavior.
The following three questions are essential: 

o Have you ever thought about killing yourself or
committing suicide? 

o Have you ever tried to hurt yourself? 

o Have you ever tried to kill yourself or commit
suicide? 

If the answers to any of these questions include a
"yes," then the following assessment topics should
be explored during the interview process. (Note:
Staff should be especially intent on determining
the youth's commitment to suicide based on how
specific the suicide plan is, how lethal the
proposed methods of suicide are, and how accessible
the means of suicide are.)

Assessment Topics

o What does the youth think will happen if he or
she dies? Does the youth understand the
irreversibility of death? Will the youth's death be
exceptionally hurtful to any particular person or
persons? Does the youth perceive death as the way
to end problems, pain, or humiliation? Is death a
form of revenge? 

o Has the youth previously attempted suicide? How
did the youth hurt or try to kill himself or
herself in the past? How was the youth feeling
before the attempt? How did the youth feel after
the attempt? Has the youth ever felt that way
before? Is the youth feeling that way now? 

o Does the youth have a plan? How does the youth
intend to kill himself or herself? If the youth has
thought about hurting or killing himself or
herself, does the youth know how he or she would do
it? Look for issues of lethality. If the youth
previously attempted suicide, did the youth have a
good plan for suicide but fail because of mistakes
or unforeseen events? Did the youth have a poor
plan with a low probability of suicide?

o Are the means to commit suicide available to the
youth? Confinement in a detention facility limits
the choices available. Guns, cars, and pills are
popular forms of youth suicide, but their
restricted access in detention makes hanging the
method of choice (more than 90 percent of all
suicides in detention are by hanging). Staff should
be alert to sophisticated suicide plans and to the
youth's knowledge about the processes of death. 

o What is the youth's timeframe? If the youth is
specific about the plans to commit suicide, then
the risk is higher. When does the youth plan to do
this? Has the youth thought about when he or she
would have the opportunity to kill himself or
herself? 

o Is there any chance of rescuing the youth? The
more isolated the setting, the less chance there is
for discovery and rescue. Would the youth carry out
the plan even if there were someone around? What if
that person were another detained youth? What if
that person were another staff member? If the youth
has a plan that is very lethal and urgent but would
not attempt suicide in the presence of someone
else, then the youth should not be isolated at any
time until the suicide crisis passes.

o Does the youth have a support network outside of
the detention facility? Who else can the youth talk
to beside staff? Who can the youth share these
feelings with? Staff should prompt the youth to
learn the names of people who can provide emotional
support to him or her during crises. Special visits
or telephone calls should be considered as a part
of the suicide prevention plan.

Suicide Prevention Plan

The best guide to developing a suicide prevention
plan is NCCHC Standard Y-36 (NCCHC, 1992:33-34):

Although juveniles may become suicidal at any point
during their stay, high-risk periods occur at the
following times:

o After admission to the facility.

o After adjudication.

o After being returned to the facility from court.

o After receiving bad news regarding self or family
(e.g., serious illness or loss of a loved one) or
after suffering some type of humiliation or
rejection.

o After segregation.

o After prolonged stays in the juvenile detention
facility.

The facility's plan for suicide prevention should
include the following elements: 

o Identification. The initial health screening form
should include observation and interview items
related to each juvenile's potential suicide risk. 

o Training. All staff who work with juveniles
should receive training to recognize verbal and
behavioral cues and to watch for signs of
vulnerability that may indicate potential suicide
(see Chapter 14). 

o Assessment. This assessment should be conducted
by a qualified mental health professional and
should designate the juvenile's level of suicide
risk (see NCCHC suicide precaution protocols
below). 

o Monitoring. The plan should specify the
facility's procedures for monitoring a juvenile who
has been identified as potentially suicidal.
Regular supervision should be maintained. 

o Housing. If sufficient staff members are not
available to provide constant supervision, the
juvenile should not be isolated. He or she should
be housed with another resident and checked every
10 to 15 minutes. (See Schimmel et al. (1989) for a
discussion of the pros and cons of a companion
system on the adult level.) The room should be as
suicide-proof as possible (e.g., without
protrusions that would enable the juvenile to hang
himself or herself). It is inappropriate to place a
suicidal youth in a maximum security isolation
unit. 

o Referral. The plan should specify the procedures
for referring potentially suicidal juveniles and
juveniles who attempt suicide to mental health
providers or facilities for care. 

o Communication. Procedures for communication
between health care staff and juvenile careworkers
should exist to exchange clear and current
information regarding the status of the child. 

o Reporting. Procedures for documenting the
identification and monitoring of potential or
attempted suicides as well as procedures for
reporting a completed suicide should be detailed.
The facility administrators and the health care
authority should receive reports about attempted
and completed suicides. 

o Notification. Procedures for notifying facility
administrators, outside authorities, and family
members of potential, attempted, or completed
suicides should be in place. 

o Review. The plan should specify a review process
in the event that a suicide occurs. 

Guidelines for the development of suicide
prevention plans are available through ACA and
NCCHC. Model policies and procedures are available
through the National Juvenile Detention Association
(NJDA).

Staff Training

Staff should be trained in the signs and symptoms
of suicide and in the techniques for administering
the suicide assessment. Several important resources
for staff training are available to detention
personnel, including the articles on suicide
prevention by Johnson and Davisson (1994), Mace et
al. (1994), Rowan (1989), and Womack and Jenkins
(1992). NJDA offers a training video on suicide
prevention by Dr. Jana Ewing, mental health
specialist for the King County (Washington)
Department of Youth Services. Eastern Kentucky
University, in conjunction with NJDA, produced a
teleconference and video on suicide prevention with
Dr. Barbara Dooley, Jesse Doyle, and Kurt
Friedenauer. In addition to a general
correspondence course on suicide prevention, ACA
offers a training video on preventing suicide in
juvenile facilities, featuring Joe Rowan and Lloyd
Mixdorf.

Monitoring

There is considerable debate within the detention
community about the time interval for monitoring
potentially suicidal youth in room confinement.
Consensus is that the highest risk youth should be
monitored continuously, especially during room
confinement--which means placing a staff member
outside the youth's room whenever the youth is
isolated. In situations when potentially suicidal
youth are placed in multiple-occupancy rooms, the
observation interval should not exceed 15 minutes.
Auditory monitoring should be continuous.

Youth on suicide alert (at a level that does not
warrant continuous observation) should be monitored
every 4 minutes whenever isolated. The
determination of a 4-minute interval comes from
reports that it can take as little as 3-4 minutes
for death to occur by hanging and that permanent
brain damage can occur in a shorter period of time
(Smialek and Spitz, 1978). The question becomes:
What is a reasonable time interval for monitoring? 

Monitoring expectations have been shaped by the
courts. In lawsuits by the families of suicide
victims in detention, other factors are equally as
important in suicide prevention as the length of
time between observations. The obvious problem
occurs when the monitoring interval is too long
(30-45 minutes) or when staff members fail to
conduct the room check. These problems are
disclosed when the medical examiner determines that
the youth died long before the body was discovered.

The Sporadic Monitoring Strategy. The concern about
suicide and litigation motivates detention
careworkers to make room checks promptly and
regularly. However, even in the best situations,
suicides can occur. Postmortem investigations
reveal that residents are keenly aware of the
monitoring patterns of staff members. The more
regular and precise that staff are in adhering to a
monitoring interval, the more confidence suicidal
youth have in knowing exactly how long they will be
unsupervised. Also, residents consistently comment
that staff are not very subtle about making room
checks. Residents report that they can hear staff
coming down the hall, can hear doors and locks
rattling, and can hear keys jingling. The
regularity and the warning of impending
observations are tools or advantages for the youth
who is highly suicidal.

A strategy to reduce this predictability while
safeguarding suicidal youth is the inclusion of
sporadic room checks. For example, if institutional
policy calls for 4-minute intervals when monitoring
a highly suicidal youth in room confinement, the
staff member's observation log will show 15
observations during a 1-hour time period. A
sporadic monitoring strategy would require the
staff member to conduct an additional five to eight
room checks during that same 1-hour time period.
The sporadic monitoring concept is over and above
the regular monitoring interval. With sporadic
monitoring, the staff member's observation log
would show 20-23 observations over the same 1-hour
time period.

NCCHC Suicide Precaution Protocols

If staff suspect that a youth is depressed or
suicidal, the medical department should be
notified. The physician and/or oncall psychiatrist
should be consulted. Any of the following levels of
precaution may be recommended (NCCHC, 1992:97-98).

Level 1. In most circumstances, this level pertains
to juveniles who have recently attempted suicide.
The oncall psychiatrist should have been notified.
Efforts should be in progress to have the youth
committed to a mental health facility.

The youth should be in a safe room or in the health
clinic. Health staff should provide constant
one-on-one attention while the youth is awake and
conduct visual checks every 5 to 10 minutes while
the youth is asleep in a safe environment
(described in Level 2). Toileting and bathing may
or may not be visually supervised, depending on the
juvenile's mood at the time; if the juvenile is
visually unsupervised, staff should be standing
close by with the door slightly ajar.

Level 2. This level pertains to youth who are
considered at high risk for suicide. The oncall
psychiatrist should have been consulted. Efforts
should probably be made to have these youth
committed to a mental health facility.

The juvenile should be either in a safe room or in
the health clinic. Safety precautions should be
observed, including searches of rooms and clothes
to remove all potentially harmful objects, such as
glass, pins, pencils, pens, and matches. Plastic
bags should be removed. The room should be near the
staff office, with no access to breakable glass and
no electrical outlets or with outlets that can be
turned off. There should be no bed in the room, if
possible, and no pipes from which sheets or strips
of clothing could be hung. There may be a mattress
and pillow on the floor. The juvenile may have
clothes (no belts), linens, and blankets (a
suicide-proof blanket is recommended). If youth
verbalize or demonstrate immediate intent to harm
themselves, bedding should be removed, and the
health staff should be notified.

The youth should be checked at least every 5
minutes while awake (NJDA recommends the use of
4-minute intervals, with additional sporadic
checks) and every 10 minutes while asleep. The
juvenile should have one-on-one attention outside
the room if potentially harmful objects (pencils or
TV) are brought into the room or if he or she seems
unusually distraught. Toileting and bathing are the
same as for Level 1.

Level 3. This level pertains to juveniles who the
physician or oncall psychiatrist feels are at
moderate risk for suicide. They may be youth who
have previously been on Level 1 or 2 and whose
mental status is improving.

Safety precautions should be taken. These include
searches of the room and clothes to remove
potentially harmful objects, such as broken glass,
pins, and matches. Plastic bags should not be
permitted. Bed and linens may be allowed in the
room. The youth may have writing materials (and TV
in the health clinic) at the staff's discretion,
but these items should be removed when not in use.
Toileting and bathing may be done in the same
manner as the normal routine. The youth should be
checked visually at least every 10 minutes while
awake and every 30 minutes while asleep.

Level 4. This level most often pertains to youth
who are at risk for becoming severely depressed and
suicidal. This assumption may be based on past
history.

Although youth may be dealt with in the normal unit
routine, staff should observe youth for symptoms of
depression and signs of suicidal ideation, and they
should notify health staff if new signs or symptoms
occur. The youth should be checked visually at
least every 30 minutes while awake and asleep.

The mental status of any given juvenile may vary
greatly from day to day and sometimes from hour to
hour. Therefore, it is imperative that staff have
good observational skills and knowledge of the
signs and symptoms of suicidal behavior. If any
staff member has reason to believe that a youth who
is already on one precaution level should be moved
to a higher level of precaution, the medical
department should be notified, and the physician
and/or psychiatrist consulted.

Minority Issues

Definition of Minority

Any juvenile who is outnumbered in one or more
aspects of his or her personality or physical being
is a minority. This status may or may not change
while in detention. For example, African-American
males in a juvenile detention unit may be both
minority and majority members depending on location
and situation.

It is important to raise the consciousness level of
staff to think in terms of total human and cultural
diversity. Juvenile careworkers who work with
developing but wayward adolescents must be trained
to be sensitive to all human diversity, whether it
is intellectual, physical, sexual, socioeconomic,
or more traditional, such as diversities of race,
origin, or color.

Related Issues

Legal aspects. Equal opportunity laws must be
clearly understood and followed when working with
staff, residents, their parents, or the public in
general.

Special needs. Youth with special needs are another
group requiring special consideration. These needs
include disabilities that require special
attention, learning problems that require special
education services, and religious preferences that
require special diets and worship practices. Staff
should be knowledgeable of the diversity of ethnic
groups, cultures, and alternative lifestyles.

Training

Diversity needs to be a factor in the recruitment
process. Individuals who effectively demonstrate
respect for the diversity of the detention
population should be recruited for juvenile
careworker positions. The mission statement of the
facility should address interpersonal sensitivity
and firmly establish an expectation of equality.
Training is most effective when conducted within
the following framework:

o Training should help staff understand who their
clients are; staff are hired to work with detained
youth.

o Training should promote a clear understanding of
the role of detention, which is to help, not
punish; to keep secure and safe; to neither judge
nor condemn; and to hold all children in an
environment that treats them equally based on their
behavior, regardless of their offense, race, or
gender.

o Training should explain the link between helpful
programs and community protection. Juvenile
careworkers need to understand the big picture of
what they do. Respect and equality breed respect
and equality. This understanding may prevent some
unknown person from becoming a future victim of
juvenile crime.

o Training should be professional and should
explain the concept of professionalism. The
personal self may influence the professional, but
it does not control or replace the professional.

o Training should emphasize that the youth did not
violate "staff" laws. Staff should not take
violations personally. Staff are entitled to
personal opinions, but they are at work to help
youth.

o Training should promote the understanding of
diversity as a part of professional care work.
Diversity is not just treating African Americans or
Hispanics equally; diversity is respecting the
human being in each person.

Specific Training Topics. At a minimum, training
topics should expose staff to the unique aspects of
each diverse group. These aspects include:

o Religious idiosyncrasies.

o Cultural customs.

o Personal hygiene issues.

o Immigrant issues and customs (what to do when
staff encounter new cultures).

o Class or cultural dialects and slang.

o Humor issues related to culture.

o Body language related to traditional culture
versus pop culture.

o Cultural myths and fears supported by oral
traditions.

o Eye contact and tone of voice issues.

o Dietary customs.

Overrepresentation of Minorities

Research confirms that from arrest to sentencing
and incarceration, disproportionate representation
and differential treatment of minorities are
evident throughout the entire system continuum. The
following two points of view are used to explain
the disproportionate representation of minorities
in the juvenile justice system. 

Disproportionate Treatment by the Juvenile Justice
System. One view states that minority youth do not
commit more crimes than any other youth; they
merely get treated differently and more harshly at
various points in the system. Between 1979 and
1982, when the number of juveniles confined in
public facilities began to climb, minority youth
were detained the most.

In total, incarcerated minority juveniles increased
by 5,757, representing 93 percent of the overall
increase. This disproportionate increase in
detention continued through 1989. Between 1985 and
1989, juvenile detentions increased by 13 percent.
However, the proportion of African-American and
Hispanic youth in custody increased by 9 percent
and 4 percent, respectively, while the proportion
of white youth declined by 13 percent (National
Coalition, 1993). 

Substance abuse has had a profound impact on law
enforcement as well as on juvenile and criminal
justice during the past decade. Between 1980 and
1989, the drug abuse arrest rate for juveniles
generally increased by 17 percent. However, overall
arrest rates for whites and youth of other races
dropped by 33 percent and 27 percent, respectively,
while the rate of drug abuse arrest for
African-American youth increased by 200 percent
(Snyder, 1992). Paradoxically, the increase in
arrest, detention, and adjudication of
African-American youth does not reflect trends in
drug usage because research shows that
African-American males and females engage in
significantly less drug abuse than their white
counterparts (O'Malley, Johnston, and Bachman,
1993).

The most recent study of the use of secure
detention indicated that African-American and
Hispanic youth were more likely to be detained at
each decision point, even after controls for the
influence of offense seriousness and social factors
were considered (Wordes, Bynum, and Corley, 1994).
Pope and Feyerherm (1990:3) concluded that minority
youth were overrepresented in juvenile institutions
across the country and that there was sufficient
evidence to suggest that overrepresentation will
continue and probably increase during the upcoming
decades.

Disproportionate Rate of Offending. The other view
states that the nature and volume of offenses
committed by minority youth are the real issue. In
other words, minority youth committed more offenses
and more serious offenses than other youth because
of the social and economic conditions in which they
are forced to live (National Coalition, 1993).

African-American youth were arrested for weapons
law violations at a rate triple that of white
youth. The 1991 violent crime arrest rate for
African-American youth was five times higher than
that of white youth (1,456 per 100,000 compared
with 283 per 100,000). The 1991 homicide
victimization rate for African-American youth was
more than six times the rate for white youth
(Allen-Hagen and Sickmund, 1993). Critics of
juvenile crime data are especially skeptical of
arrest records, which are historically flawed
because they inflate or overrepresent a particular
violation. However, victimization data warrant
careful consideration.

For more information on minorities and the juvenile
justice system, see the recent OJJDP publication by
Pope and Feyerherm (1993).

An Afrocentrist Cultural Approach

Molefe Asante (1993) recommended a violence
reduction strategy based on an Afrocentrist
cultural approach. This approach has two
components. In the first part, Asante recommended a
cultural immersion technique on youth. This model
would address issues of self-concept and identity
by beginning at an early age (fifth-grade level)
and providing afterschool classes for 3 hours per
day, 3 days per week. This approach would use
cultural activities with both contemporary and
historical content, especially African-American
spirituals, poetry, and humor. 

The other component of the Afrocentrist cultural
approach was a Saturday academy. Held on weekends
and conducted by youth workers or police, these
programs would focus on strengthening youth's
concepts of values, distinguishing good from evil,
and promoting what is acceptable. Many youth grew
up being very unclear about these things because
African- American institutions (e.g., religion and
family) were not doing the job effectively.

Rap Music

To understand youth, listen to their music. For
today's African-American youth, the music is rap.
If staff want insights into the issues, problems,
and concerns of African-American youth, rap music
is an important resource. Many adults find rap
distasteful because of the profanity, explicit
sexual language, and degrading attitudes about
women, homosexuals, and other minorities. Not all
rap music contains these categories, but all rap
has a definite message that most youth understand
and enjoy.

Many in law enforcement believe that these lyrics
advocate the killing of police officers, and they
feel that this music should be censored (Martin,
1993). Time-Warner, which markets the music,
maintains that the lyrics are an expression of the
frustration experienced by African-American youth.
Time-Warner also claims that its suppression of the
lyrics would violate First Amendment rights, an
interesting, if not inappropriate, interpretation
because Time-Warner is not a government agency.

Although Krzycki (1994) agreed that advocating
violence in any form was wrong, he did not think
censorship was a simple solution. He cited numerous
examples of rap that strongly advocated the values
of family, community, pride, and cooperation. Rap
also serves as powerful social commentary,
portraying a graphic view of urban life for today's
African-American youth.

Slang Glossary

Communications with African-American detainees can
be improved if staff have an understanding of the
slang language. The following glossary of terms is
from Carl Taylor's (1993:215-217) study of females
and gangs:

5-0 The police.

24-7 Occurring on a constant basis.

ace To take advantage of someone.

bangin The act of fighting.

bark The name of the narcotics cops in New York.

beaming up to scotty The act of freebasing cocaine.

beat down To be physically attacked.

beatin the pavement Walking as your major means of
transportation.

beefin To have a long vendetta with someone.

benzo Mercedes Benz.

boomin To be at your peak; to be prosperous.

booster A thief, usually in a store; shoplifting
expert.

buggin To act obnoxious.

bum-rush To physically attack someone.

championship hour The time at which you are selling
the most narcotics.

change Money.

chillin Sitting around relaxing.

chizel Money.

click A person's close-knit group.

clockin The act of making money.

creepin The act of sneaking; doing something you
shouldn't do.

def Admirable.

dissed To be treated scandalously or boldly.

dividends Money.

doin um' To be making large sums of money.

dope Something or someone that's very admirable.

easy Going.

factors Car, jewelry, shoes, and clothes.

fakin To be phony.

flavor Style; person with style.

fluncky Someone who does everything someone tells
them to do.

fly boy A boy who looks nice.

fly girl A girl who looks nice.

fresh Something or someone that's very admirable.

gaffilin To take; to steal.

ganked To take; to steal; to con someone out of
something.

get busy To get started; the act of commencing.

got it going on To be admired; doing very well in
life.

heater A gun.

hip-hop Fashionable; in with the times.

hit The name of sexual intercourse.

hold it down To get respect from a group of people
based on material.

holla-holla To say goodbye to someone.

homie A close friend or companion.

illin To act obnoxious.

jack Money.

Jack Roll To rob or take advantage of a drunk or
helpless victim.

juiced When someone conned you out of something.

kickin boots Wanting sex.

kickin it Sitting around talking with your friends.

kickin them boots Having sex.

loot Money.

marquettin The act of staring someone down.

moula Money.

O.P.P. Other People's Property; Other People's
Pussy (sex).

peep this Listen to this; to get someone's
attention.

peon Someone who gets no respect; everyone looks
down on.

perpin' To act phony; to pretend.

posse The group of people you associate with.

roll call When you see the police coming.

rollin' The act of selling narcotics.

sac chaser The female who uses men for money.

scrappin The act of fighting.

scratch Money.

short When you are lacking in some way or form.

skeezer Female who sleeps with men for money;
sometimes refers to women in general.

smoke To beat someone up or to shoot someone.

soft Used to describe someone who is gullible,
wimpish.

sprayed To be shot more than once or shoot a house
up.

squares Cigarettes.

squirrelin The name of sexual intercourse.

stack Money.

step off To demand distance from your being; get
away from me.

straight You're taken care of; you don't need
anything else.

strapped To be armed with a weapon.

strongarm To rob someone.

the jects The projects or low-income housing in a
city.

tip A piece of information.

tired When someone looks ragged or is out of the
times in fashion.

toe off To receive a large sum of money.

trippin out To have fun or to act obnoxious.

undercover ho Woman who is whorish and careful not
to let it be known.

wack Stupid; obnoxious.

weed out To smoke marijuana in excess.

what you thought A phrase used when you want to
know why someone made a particular remark or
statement.

what's up How are you; hello; what's new.

wiggum Check.

you down You're perfect; you're taken care of;
you're covered.

you set You're taken care of; you don't need
anything else.

Gender Issues in Juvenile Detention

Gender is an issue in juvenile detention and
corrections at three levels. First, there are more
girls than ever before entering the juvenile
institutions, and their presence heightens some
long-experienced difficulties for detention
programs. Second, the number of female staff in all
areas of juvenile institutions is increasing. And
third, there are organizational trends that can be
interpreted as being related to gender or related
to feminizing the environment. Each level presents
questions and concerns, and each has an impact on
the other two.

There is a growing body of information related to
gender-specific services. There is pressure from
the Federal level in the form of a requirement of
the OJJDP reauthorization legislation that requires
States to examine their systems and ascertain the
presence and level of gender-specific services. The
reality is that juvenile detention and corrections
do have gender-specific services; they are gender
specific to males. Gender specific means more than
replacing urinals with toilets and showers with
bathtubs. It means examining the entire range of
programs and services, evaluating them in the
context of the different ways that girls develop,
learn, and relate to others and the system. It
means taking a hard look at the gender biases
against girls, which are automatically built into a
system that is designed for boys but houses girls.

Girls in Detention

Gender bias in the juvenile justice system is well
documented. Girls typically serve longer sentences
or placements for lesser crimes than boys. Girls
are more likely than boys to be placed in detention
for status offenses. Many of their placements are
rooted in the "sexual abuse-runaway-drugs and
prostitution" cycle. Girls are more likely to be
arrested as accomplices in property crimes and
assaults. Many of their assault charges come from
their activities within the system, such as
fighting the arresting officer or acting out in
detention or in a program. Often, the crime is
related to a reaction or resistance to further
exploitation or abuse. Sometimes, their acting-out
behavior is derived from their identification with
the perpetrators of violence in their own lives,
even in the case of girl gangs who take on the
"celebration" of male violence as they see and
experience it.

Gender-specific services for girls begin with an
understanding of the dynamics of gender bias in the
system and the society. These services also have to
account for the symptoms of that bias as they are
presented in the lives and behaviors of the girls--
which involves being sensitive to the nuances of
gender difference in the more basic elements of a
detention operation. Everything from clothing
issues to the medical, educational, and counseling
services offered should be examined to assess their
impact on girls.

Girls who have been sexually abused, even those who
later become sexually promiscuous, may have strong
negative reactions to intake procedures relating to
search and shower. Their entry into the
male-oriented detention center, occupied by the
very boys with whom they have had problems in the
past, can be traumatic. They can be in a panic
about how to deal with basic issues, like their
monthly menses, in the detention world. Girls need
and demand more attention from staff than boys do,
particularly from medical staff. They will get that
attention in the best way they know how, which is
often to cause havoc in the center.

Girls, like boys, will tend to recreate their own
experiences in a detention center. They tend to
play out the same roles that they played on the
outside. They can be manipulative, seductive, and
aggressive, or they may be demanding, whining, and
self-destructive. Their interactions with male
staff, female staff, and boys in the detention
center are all areas that need to be considered. At
worst, these interactions can be the source of
conflict, even a battle ground where they act out
their rage. At best, the girls may seek in staff
the nonabusive relationships that they have never
known. Many girls will run away from home and
community programs because the detention center
represents a safer place to live than they have
known. In either case, the interactions need to be
discussed in staff meetings and need to be the
basis of staff training.

Sexual Exploitation

It is most important to avoid replicating the
sexually exploitive world that girls have left--
which calls for special attention to the norms and
behaviors of all members within the center's
culture. Avoiding sexual exploitation implies the
following:

o It calls for close attention to the way that the
boys and girls relate (i.e., how they talk to and
about one another), with constant intervention to
mediate the values that the talk and behaviors
represent. 

o It means being cautious about the tendency of
male staff to take on the father-lover-protector
role of the typical male authority figure that many
of the girls know as the classic pimp. In this
scenario, the female staff and other girls become
competition for male attention and may reenact the
mother-daughter conflicts of adolescence. 

o It means being cautious about sexual talk, sexual
innuendo, and sexual relationships between girls
and male staff members. There are rare but
documented cases when male staff members have
engaged in sexual acts with girls both inside the
detention center and following their release. This
behavior is a crime in all States, and in every
case, it represents the most serious breach of
professional ethics.

Petty conflict between the girls can be both subtle
and vicious. For these reasons, most staff prefer
to work with the boys.

Female Staff in Detention

More and more women are entering the juvenile
justice system at all levels, ranging from line
staff to administrators. There are arguments for
and against their presence. From a legal
perspective, it is a matter of equal opportunity.
The rights of employees to equal opportunity must
be weighed against the mission of the organization.
In corrections and juvenile detention, the
juvenile's right to privacy provides the
counterpoint to the equal opportunity rights of
staff. Of equal, if not greater concern, are issues
related to adolescent development and the need for
gender role models within the direct-care staff.
The minimum standard seems to be at least one staff
member of the same gender as the youth on shift at
all times.

Physical Restraint and Interpersonal Skills

The more critical and practical debates usually
arise over concerns about the ability of female
staff to physically handle the acting-out behavior
of the youth. Detention personnel generally agree
that today's offender is larger and more
aggressive. Furthermore, the majority of detention
facilities are overcrowded and understaffed, which
creates a situation in which the potential for
assault (juvenile-on-juvenile and
juvenile-on-staff) is increased. An increased
likelihood of assaults signals an increased
likelihood of physical intervention and physical
restraint by staff. Although effective physical
restraint techniques are a function of skill and
ability, there are also minimum requirements for
physical strength.

Physical Restraint. Male juvenile detention
careworkers often view female workers as unable to
perform physical restraint techniques effectively
or satisfactorily. Many female staff members agree.
Safety concerns are a growing priority among most
juvenile detention careworkers, and in dangerous
situations, size and strength combine to form the
most popular selection of staff for crisis
intervention. 

Interpersonal Skills. Safety is also a function of
interpersonal relationship skills. Staff members
who have excellent relationship skills and who are
able to verbally and nonverbally deescalate a
crisis situation claim that physical size is an
irrelevant factor in maintaining institutional
safety. Female juvenile detention careworkers often
have better communication and relationship skills
than their male counterparts. Female staff are seen
as more likely to discuss and resolve emotional
problems before they escalate to the point of anger
and assault. They are generally more nurturing and
understanding in their approaches to youth. Many
male careworkers agree. There is even some research
in adult corrections about the impact of the
presence of female staff members in maximum
security male prisons in reducing the level of
violence in general. 

Questions. Does a juvenile detention facility
require a certain "critical mass" (a certain number
of very large and strong staff members) to maintain
resident and staff safety? Do male staff members
overcompensate in the area of toughness when
working with female staff members in order to
intimidate residents and reduce the probability of
assaults? Is a harsh and intimidating approach
normally a function of large and muscular males,
regardless of the presence of female staff? Does a
tough approach cause more problems with detainees
than solutions?

Source of Problems

The complaints of female staff in juvenile
detention and corrections centers are related to
the fact that the job expectations and work
relationship dynamics between male and female staff
reflect those in society in general. For example,
women are seen as subordinate to men and are given
more menial tasks. Further, the relationships
between men and women frequently reflect a power
dynamic in which women are often subjected to
harassment and sexual innuendo. Consider the
implications of this scenario on the girls and the
boys in the institution who surely observe its
every dynamic, not to mention the affront to
professional ethics. Within those implications are
the guidelines for resolution of the debate.
Resolution begins with an open dialog within the
context of an organizational culture that respects
diversity, expects personal growth on the part of
staff members, and provides both opportunity and
motivation for that growth.

Balancing the Organizational Environment

Juvenile detention and corrections are influenced
by the leading organizational and leadership
development theories that suggest making changes in
the way that agencies and institutions normally
operate. One of these ways is consumer orientation.
Gender-specific services provide a good example of
consumer orientation--meeting the needs of the
girls. Resolution of the debates between male and
female staff members based on what is good for all
youth is another example of consumer orientation.
Respecting diversity and providing opportunities
for staff development are also themes of the
current literature.

Other practices recommended in the new leadership
theory include networking, improving lateral and
upward communication, enabling others, encouraging
the heart, viewing leadership as stewardship, and
providing principled leadership. Women seem to be
comfortable with the behaviors that these practices
require. In the new organization, women may have
some advantages because of their ability to juggle
a variety of tasks and responsibilities. They are
less likely to "work to rule"--a requirement of
hierarchical and "top-down" organizations that
stifles flexibility, creativity, and morale. The
traditional nurturing role of women makes them more
supportive of the idea that the job is never done
and more comfortable with leadership roles that
enable and empower others--a new way to define a
long-standing definition of management in which one
achieves success through the accomplishments and
achievements of others.

Not all women fit these descriptions, and not all
men lack these qualities. This approach is a way to
talk about relationships and performance dynamics
in the context of gender. No matter which level one
considers, the female aspect is increasing and is
here to stay in juvenile detention and corrections
centers and programs. It is one of many factors
that are shaping and defining the field. It is
important that members at all levels of these
organizations see this period of development and
transition as a positive experience.

Gender considerations are not about the number of
girls or the number of female staff; in the end,
the size of either group will not matter as much as
the nature of the organizational environment.
Gender is a qualitative issue, not a quantitative
one.

----------

Resources for Alcohol and Other Drug Assessment

Table 1

Guidelines for Substance Abuse Interviewing

Procedure

o Begin with discussion of more general lifestyle
questions, including the following topic areas:
home/family relations, functioning at school, peer
relationships, leisure activities and employment,
self-perception.

o Ask about dietary patterns.

o Proceed to questions about prescribed
medications.

o Ask about over-the-counter medications.

o Inquire about cigarettes and smokeless tobacco
use.

o Learn about the use of alcohol.

o Question the adolescent about the use of
marijuana.

o Finally, ask about the use of any illicit drug.

Rationale

o Allows time to develop or renew patient-physician
relationship.

o Provides basis (through general psychosocial
information) to determine patient's risk for
harmful environment.

o Starts with least threatening questions.

o Moves to increasingly sensitive substances.

o Use of products to relieve symptoms of upper
respiratory infection and allergic rhinitis,
indigestion medications, analgesics, drugs to
promote wakefulness, hypnotics and eye drops
commonly used.

o This order of questioning provides a natural
order of progression, moving from the socially
accepted ... to the socially tolerated ... to the
socially disapproved ... to the overtly illegal.

Source: Comerci (1993)

----------

Table 2

Questionnaire Items Relevant to Substance Abuse

Question

1. Do you smoke cigarettes?____________________
___Yes  ___No

2. Do you smoke marijuana?____________________
___Yes  ___No

3. Do you often feel "bummed out," down, or
depressed?____________________
___Yes  ___No

4. Do you ever use drugs or alcohol to feel
better?____________________
___Yes  ___No

5. Do you ever use drugs or alcohol when you are
alone?____________________
___Yes  ___No

6. Do your friends get drunk or get high at
parties?____________________
___Yes  ___No

7. Do you get drunk or get high at
parties?____________________
___Yes  ___No

8. Do your friends ever get drunk or get high at
rock concerts?____________________
___Yes  ___No

9. Do you ever get drunk or get high at rock
concerts?____________________
___Yes  ___No

10. Have your school grades gone down
recently?____________________
___Yes  ___No

11. Have you flunked any subject
recently?____________________
___Yes  ___No

12. Have you had recent problems with your coaches
or advisers at school?____________________
___Yes  ___No

13. Do you feel that friends or parents just do not
seem to understand you?____________________
___Yes  ___No

Source: Comerci (1993)

----------

Table 3

Questionnaire for Adolescent Patients Suspected of
or Known To Be Abusing Drugs and/or Alcohol

1.Have you ever been stopped for driving while
intoxicated (drunk, stoned/high)?

2. Have you ever been arrested for possession of
drugs, burglary, vandalism, shoplifting, or
breaking and entering?

3.Have you ever had to go to an emergency room or
doctor's office for a drug-related accident or
illness (overdose)?

4. Have you ever overdosed or intentionally tried
to kill yourself?

5. Have your grades recently gone down?

6. Did you receive any F's on your last report
card?

7. Have you ever been expelled from school?

8. Have you ever been intoxicated or high (stoned)
at school?

9. Have you ever been caught at school for drug or
alcohol possession?

10. Have any of your friends been admitted to a
drug treatment center?

11. What drugs, if any, have you used in the past?
How much?

12. What drugs, if any, are you currently using?
How much?

13.Have you ever experienced blackouts while
drinking heavily? (For example, have you awakened
unable to remember what happened the night before?)

14. Has your alcohol or drug use caused problems
with your friends or family or both?

15. Have you ever gotten into trouble at work or at
school because of alcohol or drug use?

16. Do you often wake up with a hangover?

Source: Comerci (1993)

----------

Table 4

Open-Ended Questions Intended To Provide a Basis
for Further Exploration of Advanced Substance Abuse

1. What do your friends do at parties? Do you go to
the parties? Do you drink? Get drunk? Get high?

2. Do you drive drunk? Stoned? Have you ridden with
a driver who was drunk or stoned? Could you call
home and ask for help? What would your parents say?
Do?

3. Do you go to rock concerts? Do you drink there?
Do you get high? Who drives after the concert?

4. After drinking, have you ever forgotten where
you had been or what you had done?

5. Have you recently dropped some of your old
friends and started going with a new group?

6. Do you feel that lately you are irritable,
"bitchy," or moody?

7. Do you find yourself getting into more frequent
arguments with your friends? Brothers and sisters?
Parents?

8. Do you have a boyfriend/girlfriend? How is that
going? Are you having more fights/arguments with
him/her lately? Have you recently broken up?

9. Do you find yourself being physically abusive to
others? Your brothers or sisters? Your mother or
father?

10. Do you think your drinking or drug use is a
problem? Why?

Source: Comerci (1993)

----------

Table 5

Questionnaire for the Parent(s) of the Adolescent
Suspected of or Known To Be Abusing Drugs and/or
Alcohol

1. Does your daughter/son spend many hours alone in
her/his bedroom apparently doing nothing?

2. Does your son/daughter resist talking to you or
persistently isolate himself/herself from the
family?

3. Has your daughter's/son's taste in music
undergone a dramatic change to hard rock music?

4. Has there been a definite change in your
son's/daughter's attitude at school? With his/her
friends? At home?

5. Has your daughter/son shown recent pronounced
mood swings with increased irritability and angry
outbursts?

6. Does your son/daughter always seem to be unhappy
and less able to cope with frustration than he/she
used to be?

7. Has your daughter's/son's personality changed
from being considerate and caring to being selfish,
unfriendly, and unsympathetic?

8.Does your son/daughter always seem to be confused
or spacy?

9. Have money or valuable articles recently
disappeared from your home?

10. Has your daughter/son begun to neglect
household chores and homework?

11. Has there been a change in your
son's/daughter's friends from age-appropriate
friends to older, "unacceptable" associates?

12. Has there been a change in your
daughter's/son's appearance (i.e., sloppy dress and
poor grooming and hygiene)?

13. Have there been excuses and alibis made, and
has there been lying in order to avoid
confrontation or not to get caught?

14. Do you feel you have lost control of your
son/daughter?

15. Has your daughter/son begun lying to cover up
sources of money and possessions?

Source: Comerci (1993)

------------------------------

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