bluuebunny/crossref_metadata_2025 huggingface dataset:
Preliminary Report from the National Task Force on Juvenile Sexual Offending, 1988
Authors:   The National Adolescent Perpetrator Network
Published: July 2009

This report is based on a concensus building process. The contents do not necessarily reflect the standards or opinions of sponsoring organizations.
Youth In Prisons and Training Schools: Perceptions and Consequences of the Treatment‐Custody Dichotomy
Authors: Forst Martin , Fagan Jeffrey , Vivona T. Scott
Published: July 2009

Transfer (or waiver) of juveniles to criminal court is one of the most extreme responses to serious youth crime. Although many states have recently revised their transfer statutes, and the number of juveniles prosecuted as adults increases each year, little research has been conducted to assess the correctional experiences of delinquent youth convicted in criminal court and sentenced to adult prison. Evaluations of such experiences are important to policymakers and juvenile justice officials who are considering juvenile transfers as a strategy for securing longer and harsher confinement for offenders. Based on interviews with 59 chronic juvenile offenders placed in state training schools, and 81 comparable youths sentenced to adult correctional facilities, this article presents a comparison of offenders' perceptions of their correctional experiences. Juveniles incarcerated in training schools give more positive evaluations of treatment and training programs, general services, and institutional personnel than do those youths in prison. Juveniles housed in institutions which emphasize security over treatment — i.e., prisons — are more often victimized during their confinement than youths in the treatment‐oriented training schools. Once placed in prisons, adolescent inmates are more likely to be victims of prison violence and crime from both inmates and staff. These research results suggest some paradoxical effects of the treatment‐custody distinction implicit in judicial waiver practices. The differential socialization into crime and violence for youths in adult prisons may increase the risks of having these types of behavior repeated by transferred youths once released.
The Evolution and Application of a Screening Instrument to Identify Adolescents with Developmental Disabilities
Authors: Brier Norman , Carlson Elizabeth , Kaufman Judith
Published: July 2009

The evolution and application of this screening instrument, the Adolescent Developmental Disabilities Screening (ADDS), is based on the spectrum model of developmental disabilities. Scale construction is outlined, including the selection and revision of screening criteria and tasks. Results of multiple discriminant, factor, and correlational analyses are reported and suggest the instrument to be a powerfully discriminating measure, and reliable internally as well over time. Development and application of the measure are discussed in the context of an identified need within the juvenile justice system where the prevalence of developmental disabilities far exceeds that of the general population. The screening test appears to be well‐suited for a variety of human service and educational settings.
Parental Kidnapping: A Survey of Left‐Behind Parents
Authors: Janvier Rosemary F. , McCormick Kathleen , Donaldson Rose
Published: July 2009

Parental kidnapping is examined through a survey instrument developed by Rosemary Farley Janvier. The survey was tested and mailed to 283 left‐behind parent victims nationwide; 65 parents elected to participate (a 23% return rate).

The survey results yielded a statistical profile of parental kidnappings, with distinct differences between domestic and international cases. The differences were both in gender of the perpetrator and the victims, marital, and custodial status. The circumstances surrounding the kidnappings, use and effectiveness of existing legal remedies as preventive measures, law enforcement, attorneys, and the court̂s responses, both pre‐kidnapping and post‐kidnapping and the emotional and financial costs to the parent victims were assessed.

Recommendations by the left‐behind parents for prevention of parental kidnappings are offered for legislative changes and procedural changes for the law enforcement community, attorneys, and the judiciary in decisions to be made to ultimately protect children from this trauma through prevention.

Special recognition to the staff of the Ocean County Advisory Commission on the Status of Women, Ann Finnegan, Project Coordinator, and Lynn Ross, clerical support.
Structuring Independent Adoptions: A Report of One Court's Program
Authors: Briggs William L.
Published: July 2009

Abstract

The private adoption procedures established by statute in many states, allow for the placement of a child into the custody of perspective adoptive parents without an investigation by a licensed placement agency. Courts, which issue Waivers of Prior Written Approval, often do so without sufficient information about the Petitioners. The Allen Superior Court of Indiana has developed a procedure designed to furnish the court with sufficient information and to aid the adoptive parents through an education program. Results of the evaluation of the program are reported. Generally, the program was determined to be of value to the court.
Motivating Substance Abusing Parents in Dependency Court
Authors: Eddy William A.
Published: July 2009

To engage in recovery from addiction, most addicts need consequences and external structure. Although dependency courts routinely order substance abusing parents into treatment, the compliance rate is as low as 20%. While some parents will never participate, others may become motivated by court orders that apply the addiction treatment principles of simple steps and immediate consequences. The model proposed below presents one such approach.
A National Survey of Juvenile Risk Assessment
Authors: Towberman Donna B.
Published: July 2009

Juvenile courts in the United State are using risk assessment to measure relative levels of risk posed by delinquent offenders. Risk assessment aids in decisions about restrictiveness, supervision and the type and intensity of treatment needed. The current study surveyed all states in an effort to define the current state‐of‐the‐art in juvenile risk assessment. The results indicate most states have some semblance of risk assessment of juvenile offenders, but a minority of states have formal risk assessment instruments. The predominate risk factors measured in the 50 states include measures of offense severity, past history of offenses, age of the offender, psychological measures, use of community resources, substance abuse, prior institutionalization, family problems, peer group association and absconding. This qualitative research provides an overview of the scope and sophistication of juvenile risk assessment and may provide models for states wishing to implement risk assessment.
The Violent Female Juvenile Offender: An Ignored Minority Within the Juvenile Justice System
Authors: Tracy Sharon , Shelden Randall G.
Published: July 2009

Little attention is given to the violent female adolescent. While there is no argument that males commit most of the violent crimes (both juveniles and adults), violent females may demand the attention of policy‐makers and administrators. Historically there has been a lack of program offerings for these offenders. This article examines violent female adolescent offenders referred to the Clark County (Las Vegas, Nevada) Juvenile Court Services in two different years (1985 and 1988). This examination includes a review of programs and alternatives for these offenders and a review of what is currently being done by the juvenile justice system to accommodate this population. Dispositions and programmatic treatment offerings for violent adolescent males and females are compared. Recommendations are offered for the juvenile justice system for consideration.
Intrafamilial Child Sexual Abuse Intervention: The Impact of Juvenile Court Hearings and Felony Trial Diversions
Authors: Skibinski Gregory J.
Published: July 2009

Traditional felony prosecutions of child sexual abusers are problematic because physical evidence is uncommon (Bulkley, 1982b), making the charges difficult to prove. In such instances, the case will hinge on the testimony of the child victim, who may be secondarily victimized by the process. When the accused is a family member, the problem is compounded if the child is afraid to testify against a relative (Costin, et al, 1991). Necessary treatment for the offender andvictim is not forthcoming in traditional felony litigation and the already disrupted family will suffer further. As a corrective response, mental health and legal professionals have collaborated to create innovative intervention strategies in many jurisdictions. In 1981, more than 300 such programs were identified by the National Center on Child Abuse and Neglect (unpublished list). The number is probably higher today.

This article investigates child sexual abuse intervention strategies by focusing on three jurisdictions in which felony trial diversions, juvenile court petitions, and treatment programs are intertwined into intervention strategies for first‐time, intrafamilial offenders. The purpose of this article is to describe the three programs, then analyze the strategies to determine the type of services each client received.
Chapter 2: Pay Now So You Won't Pay Later: The Effectiveness of Prevention Programming in the Fight to Reduce Delinquency
Authors: Howitt Pamela S. , Moore Eugene Arthur
Published: July 2009

Community‐based delinquency prevention programs, designed to work with youth and families before they become involved with the official court process, are relatively rare. Likewise, few studies have been published concerninge valuative research on such programs. This article reviews some background on program concepts, describes the operations of the Oakland County Probate Court Youth Assistance casework services program, and reports the results of a comprehensive program evaluation project. The findings suggest that prevention programming is one effective strategy to aid in reducing the likelihood of more costly court interventions. Recommendations for program development are offered.
Certification – An Overview
Authors: Arthur Lindsay G. , Schwartz Lori J.
Published: July 2009

Delinquents are better managed in the juvenile court, though the adult system may be necessary for the few cases in which juvenile facilities and jurisdictional time remaining cannot adequately protect the public.
The Juvenile Justice Assessment Instrument
Authors: Stein Abby , Lewis Dorothy Otnow , Yeager Catherine A.
Published: July 2009

Abstract This article presents the development of a new assessment instrument for use with juvenile delinquents: The Juvenile Justice Assessment Instrument (JJAI).

The term “juvenile delinquency” covers a multitude of antisocial behaviors engaged in by adolescents. Research indicates that certain intrinsic vulnerabilities may combine with environmental stressors to engender maladaptive behaviors. Unfortunately, these potentially treatable vulnerabilities often remain unrecognized in the delinquent population.

Because of the sheer numbers of children entering the juvenile justice system each year, it is impossible to ensure that each child will receive a full evaluation from a trained clinician. The JJAI offers those who work with juvenile delinquents an economical, yet sophisticated, assessment tool for evaluating youngsters and recommending appropriate treatment and disposition. This paper also presents the results of two field trials with the JJAI. In a juvenile justice setting, data elicited by the JJAI was compared to data gathered by the court. In a residential treatment setting, data elicited by the JJAI was compared with information gathered by staff at the treatment facility.

A discussion of the obstacles faced by those who interview delinquents, and strategies within the JJAI to overcome them, are discussed.
Legal, Ethical and Professional Concerns When Representing Children in Abuse Cases in Juvenile Court
Authors: Rodatus Robert V.
Published: July 2009

But in every case, regardless of the parties, the welfare of the child is the controlling and important fact. This is not intended to nullify the laws of nature; for in most instances it will be found that the legal right of the parent and the interest of the child are the same. But if through misconduct or other circumstances it appears that the case is exceptional, and that the welfare of the child requires that it should be separated from its parent, the parens patriae must protect the helpless and the innocent. They are the wards of the court, the hope of the state, and the seed corn of the future. Williams v. Crosby, 118 Ga. 296 (1903).
Controlling School Crime: An Examination of Interorganizational Relations of School and Juvenile Justice Professionals
Authors: Lawrence Richard
Published: July 2009

Abstract Crime in and around schools creates a climate of fear among students and teachers, and disrupts the learning environment. Effective control of school crime demands the cooperative efforts of school and juvenile justice officials. This paper examines the interorganizational relations between school principals, teachers, and juvenile probation officers by comparing survey results from three cities. Findings reveal significant differences onmethods for controlling school crime; and on due process and sharing of school and court records. School and court officials do cooperate in working with students who are under probation supervision; but the extent of their interaction is characterized by a low level of interorganizational relations.
Serving Juvenile Time in New Mexico: A Comparison of Institutionalized and Reintegrated Male Offenders*
Authors: Selph Andrew F. , Winfree L. Thomas , Mays G. Larry
Published: July 2009

In New Mexico, all male juveniles sentenced to serve time in a state facility eventually go to the New Mexico Boys' School (NMBS), including males who are candidates for a reintegration center. The current study compares a random sample (n = 98) of youths released from the NMBS with a group (n = 92) who completed a reintegration program. Two key questions guided the research: (1) What role do personal‐biographical or socio‐legal factors play in the decision to assign a youth to the reintegration center rather than to have him remain at the Boys' School? and (2) Among juveniles who participated in either program, what personal‐biographical or socio‐legal factors provided the greatest insights into the length of their stay in state custody? By addressing these questions, the current study not only examines institutional decision‐making processes, but also addresses the outcomes that result from the decisions. The policy implications of both the processes and the outcomes are addressed in this article.
Overview of the Faith, Law, and Morality Project of the National Council of Juvenile and Family Court Judges and Forum Presentations
Authors: Johns Krista
Published: July 2009

On Monday, November 27, 1995, twenty‐five judges, faith leaders, and community representatives converged on Lake Tahoe for the start of a bold experiment. Each of the participants had been formally invited to participate in a forum to discuss the important moral and ethical issues facing society today. Set in a retreat environment at Incline Village, Nevada, this forum would open a dialogue between judges, members of the faith community, and others about common issues and concerns.

The participants' mission was to work in groups to draft a joint resolution – a call to action for judges, faith leaders and the community. Their work would be inspired by short reflections on faith, law and morality offered by fellow participants. The discussion format would alternate between small groups of six to seven each and the group as a whole. Most important would be the opportunity to listen; the diversity of individual viewpoints would enrich the participants' thinking on the fundamental yet complex interrelation between law and morality.

How did it work? Exceedingly well.
What's “New” About the Balanced Approach?
Authors: Bazemore Gordon
Published: July 2009

Over the past decade, many juvenile justice professionals became familiar with the “Balanced Approach as a new mission for juvenile probation. In recent months, a number of jurisdictions have adopted the Balanced Approach, by statute or policy, as the mission for their juvenile courts and juvenile justice systems. However, a great deal of misunderstanding persists about the meaning and practical differences between the Balanced Approach and other intervention models. While both quality and consistency of implementation of “balanced” policy and practice vary widely, some juvenile justice managers are using this new mission as a tool or “roadmap” for comprehensive re‐structuring of juvenile justice systems and agencies. This paper argues that when viewed as a guide to systemic, rather than programmatic, reform, the Balanced Approach can be clearly distinguished from both the traditional individual treatment and the new retributive/punitive juvenile justice missions. Six critical differences between the Balanced Approach and these missions are described.
A Longitudinal Analysis of the Link Between Learning Disabilities and Juvenile Delinquency in Mexican American School‐Age Youth
Authors: Katims David S. , Yin Zenong , Zapata Jesse T.
Published: July 2009

Students with Learning Disabilities (LD) are a heterogeneous group of children who share the common characteristic of school difficulty and failure. More students in American schools are identified as Learning Disabled than any other type of disability under current federal law. The present study is a longitudinal survey that was designed to (a) test four hypothesized mediating links within the School Failure Rationale connecting juvenile delinquency (JD) to LD, and (b) apply the School Failure Rationale in the context of a low Socioeconomic Status, all‐Mexican American group of youngsters (n = 75; mean CA = 12.9; IQ = 88). A path analysis was conducted to determine significance between juvenile delinquency and the mediating variables of self‐esteem, peer delinquency, school dissatisfaction, and locus of control. Results indicate that all of the mediating variables except self‐esteem played either a direct or indirect role in self‐reported delinquency in year one or in year three of this study.
Utah legislation and systems change
Authors: Mccully Sharon P. , Haymond J. Brent , Springgate Margaret , Howe Bryant
Published: July 2009

Juvenile and family court judges know bureaucratic delays pose serious harm to child development and that extended stays in foster care can result in juvenile delinquency. Utah judges and legislators together searched successfully for new ways to improve court systems and to better serve the children and families of their state.
Child abuse and neglect:A National Summary Of State Statutes
Authors: Dobbin Shirley A. , Gatowski Sophia I. , Springgate Margaret
Published: July 2009

Effective court improvements must be based on comprehensive, baseline analysis of state child abuse and neglect statutes. This information will provide policy makers with improved tracking and evaluation opportunities as significant statutory changes are contemplated in pending federal initiatives and state court improvement activities. This article provides excerpts of a comprehensive national study undertaken to determine the level of uniformity or variance in statutes since the initiation of federal legislation attempting to improve state practice in the handling of child abuse and neglect cases. The state‐by‐state information is designed to provide diverse jurisdictions with an opportunity for comparative statutory analysis. The complete, 50 state Matrix of State Statutes Pertaining to Child Abuse, Neglect and Dependency is scheduled for publication later this year.
‘Getting Tough’ With Youth Legislative waiver as crime control
Authors: MERLO ALIDA V. , BENEKOS PETER J. , COOK WILLIAM J.
Published: July 2009

In the rush to punish juvenile offenders and to reform the juvenile justice system, legislatures have redefined the philosophy of juvenile justice and restructured the waiver process. As the convergence of juvenile and adult systems continues, the future of juvenile justice has become the new object of politicalization. This paper critiques the politics of ‘get‐tough’ legislation and the implications of legislative waivers. The authors review the language and intent of waiver reforms, images of juvenile justice and the concept of crime control.
The Fight For Survival:African‐American gang members and their families in a segregated society
Authors: Brown William B.
Published: July 2009

We can no longer trivialize, or ignore, the impact of structural impediments, racial discrimination, and racial segregation in our analysis of African‐American youth gangs in America's inner cities. These issues set a stage where 79 African‐American youngsters view their gang affiliation as a means for survival. The present study, conducted over a four‐year period, explores structural and racial barriers that many African‐Americans, parents and children, encounter regularly. The participants, gang members and their parents, reveal their frustrations about the lack of opportunities for many inner city African‐Americans, their experiences as targets of racial discrimination and segregation, and their confinement to deteriorating, poverty‐stricken neighborhoods in Detroit.
Lessons for parents, teachers, and juvenile probation officers: seven ideal criteria for constructively evaluating discipline
Authors: ROGERS JOSEPH W.
Published: July 2009

By delineating a basic set of terms, this paper seeks to enhance the appreciation, understanding, and discussion of constructive discipline. Advocating initiative by our nation's juvenile probation officers, the author views this cadre of some 18,000 JPOs as an important catalyst in the never‐ending task of delinquency prevention. In an era of growing harshness toward youthful offenders, we must remain cognizant that much of the chronic violence which we justly abhor has roots in prior parental malpractice.

Our approach provides a model to place three major role‐players — parents, teachers, JPOs — all “on the same page,” to borrow a popular metaphor. We focus on seven criteria for evaluating discipline by each participant, while furnishing a supplementary framework to amplify task awareness. Despite already having excessive caseloads, JPOs are encouraged to serve as outreach agents in a common cause. The tables seek to provide officers a basic set of “handouts” for distribution at panels, workshops, seminars, school visits, and parent conferences. Parents should especially appreciate that the seven criteria give guidelines not only for their disciplinary practices, but also for those of teachers and JPOs
TRANSFERRING JUVENILES TO ADULT COURTS. Recent trends and issues in Canada and the United States
Authors: RUDDELL RICK , MAYS G. LARRY , GIEVER DENNIS M.
Published: July 2009

This paper examines the practice of transferring youngsters from juvenile to adult courts in Canada and the United States from 1986 to 1994. The research indicates that Canada and the United States have similar provisions for trying youths as adults. The United States transfers large numbers of juveniles (nearly 13,000 per year recently) to adult courts each year, and most of these youngsters are non‐violent offenders. By contrast, in Canada transfers are still relatively rare (521 over a nine year period), and most of these youngsters are charged with violent offenses.
Detention Decision‐Making in a Predominantly Hispanic Region: Rural and Non‐Rural Differences
Authors: MAUPIN JAMES R. , BOND‐MAUPIN LISA J.
Published: July 2009

This study examines the implementation of juvenile detention policy by comparing decision making in two jurisdictions where Hispanics represent the numerical majority of the population. One jurisdiction is rural and the other is a jurisdiction with over 1000,000 population. Interviews with juvenile justice probation and parole officers and judges are combined with a quantitative analysis of official records from 1994. Detention decision making is different in these jurisdictions. There is more formal processing and detention of juveniles in the rural jurisdiction. This is attributable to a perception of the community as heterogeneous rather than homogeneous, and a lack of alternatives as compared to the non‐rural jurisdiction.
Public‐Private Venture to HELP Youth in Juvenile Detention
Authors: ROUSH DAVID W.
Published: July 2009

The most reliable barometer on the status of Michigan's children reported a noteworthy decrease in juvenile crime in Calhoun County, Michigan, during the period of time when the W. K. Kellogg Foundation funded a model program for the county's most criminally active juveniles. This article summarizes how the confluence of need and resources led to the development of an exemplary solution to some of the problems facing contemporary juvenile justice programs and services. The irony is not that a public‐private venture to develop effective community‐based collaboratives proved successful, but that this effort occurred in the local juvenile detention center.
Flashpoint: An Innovative Media Literacy Intervention For High‐Risk Adolescents
Authors: MOORE JANE , DECHILLO NEAL , NICHOLSON BARBARA , GENOVESE ANGELA , SLADEN STEPHANIE
Published: July 2009

This paper describes the development and formative evaluation of a media literacy, media based intervention for high‐risk adolescents. The program described, Flashpoint, was developed to (1) moderate the influence of media presentations of violence, substance abuse and prejudice on adolescents; and t (2) teach participants cognitive skills which would enable them to resist impulses to engage in behavior involving violence, substance abuse or prejudice. The evaluation described studied the pilot testing of the program with three groups of adolescents (N=33) involved in the juvenile justice system: adolescents in a diversion program (first time, nonviolent offenders); adolescents on probation; and adolescents in residential custody of the Department of Youth Services. Qualitative findings are reviewed in detail.
Linking Gender, Minority Group Status and Family Matters to Self‐Control Theory: A Multivariate Analysis of Key Self‐Control Concepts in a Youth‐Gang Context
Authors: LYNSKEY DANA PETERSON , WINFREE L. THOMAS , ESBENSEN FINN‐AAGE , CLASON DENNIS L.
Published: July 2009

The variable roles of family, gender, and race are underdeveloped in Gottfredson and Hirschi's general theory of crime, also called self control and propensity‐event theory. Using cross‐sectional data generated as part of the National Evaluation of the Gang Resistance Education and Training program, we assessed the links between the self‐reported gang involvement of 5,935 eighth‐grade public school students residing in eleven widely dispersed cities and their levels of self‐control, gender, minority group status, and family context. We found that youths with low self‐control levels reported that they were more deeply involved in gangs than youths with high self‐control, as were youths who were not closely monitored by their parents. We also found differences by gender, minority group status, and family structure. This article explores the limitations and implications of these findings for gang research, theory, and juvenile justice practice.
A Coordinated Approach to Improving Outcomes for Substance‐Abusing Families in Juvenile Dependency Court
Authors: SAGATUN‐EDWARDS INGER , SAYLOR COLEEN
Published: July 2009

This paper describes a coordinated approach to providing enhanced services for substance‐abusing families in the juvenile dependency court. The enhanced services consisted of an interagency collaborative model including the Department of Social Services, Court Appointed Special Advocates, Public Health Nurses, and Family Support Specialists. The purpose of the intervention was to increase the likelihood of family reunification. Families were randomly assigned to either the enhanced services (N=48) or to a regular services group (N=41). Variables included social background factors, data related to court hearings and court orders, and final court outcomes regarding placement and custody. Significant factors predicting final placement of the child were completion of court ordered programs, a stable home, and mothers' cooperation and motivation. Families who received the enhanced services had significantly higher rates of reunification of children with parents.
The Juvenile Drug Court Judge and Lawyer: Four Common Mistakes in Treating Drug Court Adolescents
Authors: CLARK MICHAEL D.
Published: July 2009

This article will present information gleaned from anecdotal experience of existing juvenile drug treatment courts regarding several common mistakes often made by those new to the drug court. The mistakes discussed include: 1) Believing the work and role responsibilities in a traditional juvenile court will not change significantly when entering a juvenile drug court; 2) Citing the elimination of drug and alcohol use as a final outcome goal when developing the mission statement for a juvenile drug court; 3) Believing that a juvenile drug court ensures accountability by keeping a close eye on participants and setting immediate consequences for any break in program rules; 4) Using vicarious learning to “teach a lesson”–making an example of an individual participant who has broken program rules in front of the large group. The goal of this article is not only to raise caution to these pitfalls, but also to help incoming judges and lawyers become aware of the changes that working in a juvenile drug court will demand.
Enhancing the Mental Health and Well‐Being of Infants, Children, and Youth in the Juvenile and Family Courts: A Judicial Challenge
Authors: BINARD JOEY
Published: July 2009

At the invitation of the National Council of Juvenile and Family Court Judges, judges from the 30 largest juvenile jurisdictions in the country and mental health professionals met for two days in Tampa, Florida, March 18–19, 2000. Their discussions over this two‐day period resulted in the first draft of this document. Meeting again in July in Snowbird, Utah, members of the group reviewed and revised the original document. This second revision was mailed to members of the group and to the officers and board of the National Council for their review. Comments from this second draft were incorporated into the final document as it appears in this issue of the Juvenile and Family Court Journal.

The experience and expertise represented by this dedicated group of judges and mental health professionals is reflected in the contents of this paper. Each of the participants is actively engaged in the process of systemic change in the delivery of mental health services in their communities, each can recount both successes and failures in the process of creating this change, and each brings experience and insight to this forum.

This position paper is intended for the use of judges, court administrators, and mental health professionals who work with youth in the juvenile courts of our country. It is intended as a basic framework for the development of community systems of care which will serve children, youth, and families experiencing mental health problems appropriately and well.
Appellate Juvenile Justice: Canadian Style
Authors: RUDDELL RICK
Published: July 2009

While appeals are relatively rare in Canada, they have significant outcomes in a juvenile justice system where dispositions are determinate and either the offender or prosecution can appeal the severity of a disposition. Examining the outcomes of ten years of appeals in one province produced two noteworthy findings. First, youths initiate most appeals in Canada, but few are successful in reducing the severity of their dispositions. Second, prosecution‐initiated appeals are comparatively rare but almost always result in substantial increases in the severity of a youth's disposition. Despite the importance of these due process protections, however, Canadian youths do not have the right to state‐funded counsel for appeals, reducing their ability to redress errors or modify unusually harsh dispositions.
Westmoreland County Youth Commissions: A Diversionary Program Based on Balanced and Restorative Justice
Authors: STURGES JUDITH E.
Published: July 2009

The Westmoreland County Youth Commission is a diversionary program based on Balanced and Restorative Justice. The purpose of the program is to reduce caseload and lower costs of the juvenile court as well as provide youths with a rehabilitation program with close supervision. This study was exploratory in nature to describe what has been happening with youths diverted to the Youth Commissions. Data was collected from the 19 Youth Commissions, and a total of 559 cases were reviewed.

Outcome data reveals that young offenders were assessed individually, and sanctions were imposed to hold them accountable, cultivate competency, and have them become cognizant of their part in community protection/public safety. Overall, 91% of the youths completed the program. Thus, this program appears to be a viable alternative to juvenile court processing.
Juvenile Mental Health Court: Rationale and Protocols
Authors: ARREDONDO DAVID E. , KUMLI KURT , SOTO LARRY , COLIN ENRIQUE , ORNELLAS JILL , DAVILLA JUDGE RAYMOND J. , EDWARDS JUDGE LEONARD P. , HYMAN JUDGE EUGENE M.
Published: July 2009

Under the sponsorship of the judiciary, the Santa Clara County, California Juvenile Court, in partnership with the Juvenile Mental Health Department and a technical assistance agency (SOLOMON), has pioneered a Juvenile Mental Health Court for seriously mentally ill children who have become involved in the criminal justice system. The judiciary, probation department, district attorney, public defender, county counsel, and service providers have collectively embarked upon the implementation of a modern approach to mental health diagnosis, triage, and treatment services for youth and families who come in contact with the justice system as a result of the combination of serious mental illness and juvenile delinquency. This article presents the court's rationale and protocols.
Cumulative Disadvantage as an Explanation for Observed Disproportionality within the Juvenile Justice System: An Empirical Test
Authors: MCGUIRE M. DYAN
Published: July 2009

A number of scholars have attempted to explain disproportionality within the juvenile justice system as a function of cumulative disadvantage. This empirical test of the cumulative disadvantage hypothesis suggests that minorities tend to be most disadvantaged at stages in the process where confinement decisions are made (detention, commitment). Thus, while disadvantage does not appear to aggregate consistently and unidirectionally as the child moves through the system, there is some evidence that disadvantage does aggregate between the detention and adjudication stages, once controls from legal differences are imposed.
Participants' Attitudes in the Utah Juvenile Victim‐Offender Mediation Program
Authors: POULSON BARTON , ELTON KATHY
Published: July 2009

This paper describes an archival evaluation of the Juvenile Court Victim‐Offender Mediation Program (VOMP) of the Utah State Courts in Salt Lake City. From 1997 to 2000, 147 victims and 330 offenders reported their attitudes towards their experiences in VOMP. Although victims were more satisfied than offenders for some outcomes, all participants reported exceptionally high satisfaction. These promising results are consistent with other published studies on the effectiveness of VOMP and other forms of restorative justice in demonstrating the promise of mediation in criminal justice.
Statewide Recommendations for Improving Juvenile Justice: The Louisiana Experience
Authors: MOAK STACY C.
Published: July 2009

The results contained herein reflect a statewide process of bringing together practitioners and citizens from all aspects of the juvenile justice system in the State of Louisiana to identify issues and recommendations to improve the lives of Louisiana's children. The results of the process indicate that participants are more interested in prevention and early intervention than incarceration and control methods of overcoming delinquency. The four main areas of concern are: (1) a fragmented juvenile justice system; (2) education; (3) family; and (4) youth empowerment. These results were presented statewide to policy makers through conference presentations. The results of the Think Tank indicate that participants favor expanding services, better use of available resources, and focusing on prevention. Participants hope that the results of this event will serve as a catalyst for change in Louisiana.
Why Juvenile Courts Should Address Family Violence: Promising Practices to Improve Intervention Outcomes
Authors: BUEL SARAH M.
Published: July 2009

The prevalence of domestic violence in juvenile court cases justifies modifying our interventions to reflect this unfortunate reality. This article focuses primarily on juvenile victimization of parents and the model programs emerging in juvenile courts to address it. Part I examines family violence's prevalence in the juvenile court caseloads, despite its lack of consideration in most dispositions. Part II begins with a comparative analysis of the drug court trend and discusses the trend's applicability for specialized family violence applications in the Juvenile Court. The King County (Wash.) Juvenile Court's Step‐Up Program is introduced, which directly addresses family violence with intervention programs for youth perpetrators and abused parents, followed by the Santa Clara County (Calif.) Juvenile Court's Family Violence program, shown as a model worthy of replication. Part III details the process by which the Travis County (Texas) Juvenile Court is implementing a program similar to these models. Part IV concludes that juvenile courts must address family violence as an overt or underlying issue in many cases and must identify and address the danger to our troubled youths, whether offender or victim. I argue that the domestic violence community's treatment expertise must inform our juvenile courts' interventions with violent, often insular, families. In Travis County, we are committed to learning as much as possible about youth resilience–to identify and treat battered and battering teens to prevent the inter‐generational cycle from repeating itself while making our homes, communities, and schools safe.
Juvenile Court Judges' Perceptions of What Factors Affect Juvenile Offenders' Likelihood of Rehabilitation
Authors: D'ANGELO JILL MARIE
Published: July 2009

An instrument was developed to measure whether judges perceive the likelihood of rehabilitation to be influenced by extra‐legal factors. A self‐administered questionnaire was sent to 1,040 juvenile court judges across the United States. Two indices‐extra‐legal and legal‐were created to measure the relationship between judges' perceptions and the factors they consider in their transfer decisions. Primary analysis used frequencies, cross‐tabulations, and measures of association.

The factors that judges may consider in their transfer decisions are specified and vary according to state statutes. Extra‐legal factors are never included in the statutes as factors that may be considered. Nonetheless, the findings suggest that judges consider extra‐legal factors in determining an offender's likelihood of rehabilitation. The results suggest that both male and non‐minority judges' perceive that extra‐legal characteristics affect an offender's likelihood of rehabilitation. All judges seem to believe that family structure and prior record are almost equally important factors in determining offenders' likelihood of rehabilitation. Thus, although judges consider legal factors in determining an offender's likelihood of rehabilitation, they also include criteria not explicitly permitted by law.
Owning ASFA
Authors: SCHECHTER JUDGE SARA P.
Published: July 2009

As New York and many other jurisdictions struggle to comply with the timelines of the Adoption and Safe Families Act (ASFA), the experiences of the Expedited Permanency Part of the New York City Model Court under the direction of Judge Sara Schechter may provide helpful approaches for overcoming unnecessary delays and obstacles. Despite resistance to change, scarce resources, and a shortage of attorneys for indigent respondents, the New York City Model Court has been able to implement ASFA without sacrificing due process in the handling of child protective and permanency proceedings. Some of these strategies include extensive case conferencing, the use of specially trained conference facilitators, time‐certain appointments, and compliance reviews conducted by a referee. The New York City Model Court has found that integrating these new approaches has markedly improved the permanency outcomes for the children within its jurisdiction. Innovations piloted in the New York City Model Court are being replicated throughout the five boroughs of the city.
In the Best Interests of an Indian Child: The Indian Child Welfare Act
Authors: GOLDSMITH DONNA J.
Published: July 2009

Before passage of the Indian Child Welfare Act in 1978, state, private, and federal agencies systematically removed Indian children from their families and tribal communities, placing them with non‐Indian families with little appreciation for the detrimental impact that cultural deprivation would have on these children. State courts often ignored the sovereign authority of tribal courts with regard to their children, and were, more often than not, unwilling to acknowledge the importance of the perspective of the child's tribe and/or extended family members. With passage of the Indian Child Welfare Act in 1978, Congress imposed upon state child welfare practices substantive and procedural requirements to which state courts must adhere, most notably the mandate that state courts must now give primary consideration to the placement of Indian children within their extended families and tribal communities. In addition, federal law requires state courts to recognize tribal court authority and jurisdiction over tribal children. This article reviews the history of federal, state, and private practices that propelled Congress to pass the ICWA, the changes that have resulted from this vital legislation, and the challenges that face courts in ensuring that state courts meet these requirements.
Child Abuse, Neglect, and Dependency Mediation Pilot Project
Authors: TROSCH JUDGE LOUIS A. , SANDERS LINDA THOMAS , KUGELMASS SHARON
Published: July 2009

The Adoption and Safe Families Act of 1997 (ASFA) established a goal of one year from removal to permanence for all children taken into protective custody. When the Family Court of Mecklenburg County (Charlotte), N.C., opened its doors in 1999, more than half of the children in the protective

custody of the Department of Social Services had been in custody for 12 months or more. Innovative approaches were needed to provide children in Mecklenburg County with a safe and permanent home in a more timely manner. The Child Abuse, Neglect, and Dependency Mediation Pilot Project was one approach selected by the Mecklenburg County Family Court to help achieve ASFA's goal of one year to permanence. This article details the court's two‐year journey to make dependency mediation a reality.
Judicial Oversight of Parental Visitation in Family Reunification Cases
Authors: EDWARDS JUDGE LEONARD P.
Published: July 2009

This article explores the issue of visitation between a child and parents in the context of child protection proceedings, addressing the following areas: 1) the importance of visitation in the context of family reunification; 2) the results of an informal study of visitation practices in several jurisdictions; 3) the law relating to visitation in child protection proceedings; 4) some best practices that have been identified by commentators; 5) the role of the judge regarding visitation issues; and 6) some recommendations for judges and court systems regarding visitation. The article concludes that visitation between a child and her parents often occurs too infrequently; as a result, the relationship between the child and parents can be damaged, the child can suffer further trauma, and the chances for successful family reunification may be reduced. Finally, judges and social service agencies can and must improve both the quality and quantity of parent‐child visitation.
Creating Justice Through Balance: Integrating Domestic Violence Law into Family Court Practice
Authors: FARNEY ANDREA C. , VALENTE ROBERTA L.
Published: July 2009

Freedom from domestic violence is a central right that will be realized through a transformation of culture. Law, embedded within the evolving cultural transformation, plays a necessary, though not sufficient, role in social change. This article reviews the development of family and domestic violence law. It compares and contrasts the core precepts of family and domestic violence jurisprudence with resulting practice and policy ramifications arising from the inherent substantive tensions. Finally, critical civil legal system actors, courts, and attorneys are challenged to apply and practice domestic violence law in the struggle to afford justice for all.
Disproportionate Representation: Communities of Color in the Domestic Violence, Juvenile Justice, and Child Welfare Systems
Authors: WRIGHT RICHARD , THOMAS JUDGE WADIE
Published: July 2009

A number of State and Federal surveys show that communities of color are involved with the domestic violence, child welfare, and juvenile justice systems at rates that are disproportionately higher than their population size. As courts are responsible for decisions that could propel families into these systems, it has become increasingly critical that judges become aware of these trends. This article will provide an overview of the current statistics on the disproportionate representation of communities of color in the domestic violence, child welfare, and juvenile justice systems. It will discuss the factors that are contributing to these trends and present preliminary recommendations for judicial leadership and decision making.
Using Reasonable Efforts Determinations to Improve Systems and Case Practice in Cases Involving Family Violence and Child Maltreatment
Authors: FITZGERALD JUDGE RICHARD , BAILEY CHRISTINE , LITTON LAUREN J.
Published: July 2009

The Adoption and Safe Families Act (ASFA) of 1997 reinforced that the safety, permanency, and well‐being of the child should be the primary concerns when making decisions about child protection interventions, child placement, and efforts at reunification. The court's role in oversight of agency practice in individual cases through the requirement of specific judicial findings as a condition of receipt of certain funding was also maintained and strengthened by ASFA. Based on the recognition of the number of cases where there is a co‐occurrence of domestic violence and child maltreatment, there is a need for communities and agencies to set reasonable expectations of good practice for responding to the issues raised. As the community sets the expectations of good practice through agency policy, training, and service delivery, the judiciary, through the findings regarding “continuation in the home” or “reasonable efforts” in each individual case, provides the oversight of practice required by ASFA. This article will explore the current applications of reasonable efforts, discuss ways that courts and communities are defining the concept, and examine the need for the development of a reasonable efforts protocol.