Helping youth bypass court process and engage in change

1 Helping youth bypass court process and engage in change...
Author: Laureen Alexia Wade
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1 Helping youth bypass court process and engage in changeFIRS An Alternative Pathway for Justice System Response to Youth Family Violence Helping youth bypass court process and engage in change

2 Family Intervention and Restorative Services (FIRS)A new approach to serving families experiencing youth violence toward family members that addresses immediate family safety and expedites access to intervention services A cross-systems collaboration between the courts, juvenile detention, probation, public defense, prosecution, law enforcement, and the community. Goal is to provide an immediate break for family safety, assess safety issues and youths’ needs, and rapidly connect to services Restorative process is used to engage youths’ understanding of the impact of their behavior and motivate the desire to change Provides a more consistent and effective resource for law enforcement responding to youth acting out violently in the home.

3 Youth Family Violence - ScopeThe largest category of violent juvenile offenses in King County. Represent 15% of ALL cases handled in juvenile court. Account for 17% of ALL admissions into juvenile detention. Account for 32% of all NEW bookings into juvenile detention.

4 Youth Family Violence Admissions to Secure Detention on New Domestic Violence Offenses (2013) Offense American Indian Asian/ P.I. Black Hispanic White Total ASSAULT 2 1 2 11 5 20 ASSAULT 4 16 13 71 27 116 243 HARASSMENT     4 9 FELONY HARASSMENT   10 6 8 25 MAL MISCHIEF 1 & 2   3 MAL MISCHIEF 3 17 28 OTHER 19 104 39 151 329 % of Total by Race 6% 31% 12% 45% 100% The largest category of violent juvenile offenses in King County

5 Parents/caretakers are in crisis reaching out for helpIn nearly 90% of DV incidents, the youth has been violent toward a family member, 70% are mothers. Majority of parents report that they refrained from calling the police until the behavior had been going on for a long while, and was increasing in severity In King County, parents report that the police did not arrest until they had called multiple times By the time they come to court, it is has often become an engrained behavior

6 Victims of Adolescent Violence in the Home28%

7 Offenders of Adolescent Violence in the Home65%

8 Relationship of Offender to Victim in King County

9 Relationship of Offender to Victim in London

10 Adolescent Family Violence & AbuseDisrespectful Behavior Controlling Behavior Physical Abuse Verbal / Emotional Abuse Hitting, pushing, shoving punching, kicking, choking, grabbing, use of Weapons Threats to harm or kill; threats with weapons, harassing, intimidating, property destruction Intentionally hurtful words, name calling, put downs, profane language, demanding Uncooperative oppositional, rude, challenging

11 What does it take for parents to call the police on their own child?Why do they call? What do they hope for?

12 What do most parents / caretakers want when they call the police?Safety in the home- the violence to stop Parents call the police when they fear for their safety or the safety of others- and want help for their child Parents usually do not want their youth in juvenile detention or charged with a crime- but need them removed from the home for safety reasons- To be taken seriously and feel supported by system- police, courts, social services To motivate their youth to engage in counseling to change their behavior For their youth to understand that family violence is not okay

13 Impact on siblings The invisible victimsImpact on siblings The invisible victims. Parents often finally call the police because of concern for the sibling who are victims or witnesses

14 The cost of help is high Parents who turn to the court desperately wanting their child to realize the seriousness of their behavior, sometimes back out because they are worried about possible criminal charges on their youth’s record.

15 Challenging Paradigm Parent as Victim Parent as Responsible PartyWant to be taken seriously Want the violence to stop Want to feel safe Want help for their youth Want accountability for their youth Fear interferes with parenting Hard for others to believe It must be the parent’s fault; failed as a parent Community and courts look to parent to hold youth accountable, guide and discipline, take charge

16 How can youth be helped by the court system?Experience a ‘wake-up call’ that violence toward family members is to be taken seriously and a message that the community is concerned (not just your parent) Motivation to change; accountability to others outside of the home to follow-through with getting help Feel supported and encouraged to get help they need Gain skills that target violence/abuse prevention Regarding court ordered counseling- Similar to adult DV perpetrator, sometimes youth are ordered to individual counseling, and the counselor does not address the violence, communicate with parent, and may collude with teen, believing the teens account without checking it out with parent.

17 Some history King County Juvenile Court’s journey addressing youth family violence since 1996

18 1998 – Juvenile DV Task Force formed to examine the problemNeeds assessment concluded: Parents do not feel supported or taken seriously Significant safety issues identified Inconsistent responses result in confusing messages to youth and family Help comes too late – need earlier intervention Police are frustrated by policies that prevent them from bringing youth in when they have safety concerns High recidivism rate Many youth refuse services without accountability to the court Task Force recommended the following: Bring every DV youth to to detention for an overnight ‘cooling off’ period Assess needs and conduct safety planning Develop intervention program to target reducing violence in the home (Step-Up) Use diversion to prevent charges for 1st and 2nd time misdemeanor offenses

19 2007 – Arrest policy changed: mandatory arrest 16 y/o and up; officerdiscretion under 16 2008 – Detention criteria changed to refuse DV offense youth (under 16) into detention unless youth demonstrates escalated behavior in police presence; Polices reduced arresting under 16 year olds, telling families “they could not do anything.” Policy changes resulted in: An increase in the number of parents calling Step-Up in crisis unable to motivate their youth to attend; Parents reported multiple calls to police with officers responding they “could not do anything.” Increase in parent reports that violence escalated after police left. Youth attending Step-Up were higher risk with more engrained habits of violent behavior; started program later - after 10 – 12 calls to police and behavior has become more severe Decreased opportunity for early intervention – Parents ask, “Do I have to wait until he is 16 to get help?” Increased in numbers of these youth coming to court on other charges

20 DV as a percentage of total juvenile violent crime arrests increased more than two-fold between 2008 to 2012. Percentage of total juvenile violent crime arrests % % % % % In 2012, over 1/3 of all juvenile violent crime arrests were for DV. (Statistics provided by the Office of City Auditor demonstrate increases in DV-related juvenile violent crime arrests over a five-year period.)

21 AFV increases other risk factorsThe youth’s most important protective factor is diminished when parents are afraid to parent Parental influence and leadership is decreased Increases other risk factors- ripple effect The longer we wait to intervene – the higher risk that youth becomes.

22 Loss of Parental LeadershipTruancy Substance Use Violates House Rules Staying Away from Home

23 What message are we giving youth about family violence?A study in 1989 showed one of the correlates for higher incidence of child to parent violence was “lowered beliefs in probability of police sanction”

24 Challenging Dilemma Families reach out to police/court system as last resort when the violence in increasing and their youth refuse help. It is a safety issue- family members are physically hurt The longer we wait, the more severe the problem becomes We all know early intervention and prevention is most effective for most problems When youth learn that police and the court do not respond to family violence – their risk to continue family violence in the future is increased Parents are worried that we are potentially “pipelining them to prison” King County Juvenile Court has a long standing mission to reduce youth detention. KCJC has reduced it’s detained population by nearly 70%, and today has the second lowest youth detention rate in the country Disproportionality in the justice system is propelling widespread movements to close detention facilities Police are arresting less under pressure to reduce numbers in the system Our City of Seattle issued an new ordinance calling for zero detention of youth in Seattle. We all agree on the important need to reduce disproportionality and lessen the use of detention and criminal charges as much as possible for all youth.

25 A Solution – Family Intervention and Restorative Services (FIRS)911 Call for Help Law Enforcement Response Transport to FIRS Respite Center Crisis Response; Respite; Support; Violence / Safety Assessment; Safety Planning; Intervention Services; Bypass court process/ no detention/ no charges

26 FIRS Respite Center – What is it?Non-secure space staffed 24/7 by Pioneer Services youth workers, co-located at King County Juvenile Detention Center. A safe, therapeutic environment where youth workers will provide skill building to offenders. Youth may stay at FIRS as long as necessary, but most will be reunited with their family within hours. Safety assessments and safety planning with families before youth go home Risk / needs assessments will be conducted and youth will be referred to services based on need. Youth and family progress will be tracked and monitored by probation through a FIRS contract signed by the youth.

27 Implementation - Phase 1FIRS Team Structure 2 “Special Assignment JPCs” 4 STEP UP Social Workers Probation Supervisor The FIRS Team

28 Implementation - Phase 1In Custody Process Youth are first presented to detention by police for an alleged Domestic Violence Incident Youth are screened by a Juvenile Probation Counselor If eligible, youth are escorted to the FIRS center Cases are flagged and sent to the FIRS team

29 Eligible Offenses Assault 4 – Domestic ViolenceMalicious Mischief 3 – Domestic Violence Harassment – Domestic Violence Felony Domestic Violence – Assault 2, Felony Harassment, Felony Property Destruction – considered on a case by case basis

30 FIRS Respite Center Before AfterConverted detention hall that was not being used 7 beds in an unlocked, safe and welcoming atmosphere Youth can stay as long as needed for safety reasons (usually 2 – 5 days) Therapeutic environment with violence prevention skill learning groups Before After

31 Phase 2: Youth to FIRS CenterYouth is greeted by FIRS Center Youth Care Staff Youth are settled in, fed, given their own room Youth are introduced to the FIRS program Youth care workers interview the youth, and talk with parents on the phone to assure them that their youth in well taken care of

32 What goes on in the FIRS respite center?Therapeutic groups that address youth family violence- FIRS youth workers use sessions from the Step-Up curriculum to facilitate discussion and learning around the following themes: Six ‘restorative steps’ for taking responsibility for harmful behavior Making amends Emotion regulation/anger management skills Writing a responsibility letter Making a personal safety plan Knowing my warning signs Self-calming skills

33 Phase 3 - Case Review by FIRS TeamThe FIRS Team meets every morning to review cases referred to FIRS Each case is reviewed and discussed by the team. Information is obtained through police reports, a screening report conducted by probation counselor after interviewing the parent and youth, and the social/criminal history available.

34 Phase 4: Violence Risk / Safety Assessment & Service needs assessmentStep-Up social worker conducts a Violence Risk / Safety Assessment with parent over phone or in person Probation Counselor interviews the youth in the FIRS respite center and conducts a Risk/Needs Assessment Social worker and probation counselor meet to discuss information obtained, potential service plan and next steps.

35 Questions to be answered:Is it safe for the youth to go home? VRSA assessment obtains information from parent regarding the referring incident, youth’s violence history, level of violence, harm caused, level of fear, concerns about safety and whether the parent feels comfortable having youth come home. If not, what needs to happen to decrease risk of harm? Are there alternative placements? Is there other family violence currently in the home? I.e., DV between parents, is youth a victim of child abuse, sibling abuse or otherwise. What does the parent see as the youth’s primary service need at this time? Are there mental health issues, substance use, or trauma experiences? What services are currently in place? In the past? Does the youth willingly engage in services? What services are a priority for the youth to be included in the FIRS Agreement?

36 Phase 4 Safety Planning Social worker meets with parents to provide guidance with making a Parent Safety Plan for the home How to safely respond when youth is abusive or violent Ways to prevent escalation and risk of harm Discussion of youth’s Safety Plan before meeting with youth Social worker meets with youth and parents together in the FIRS Center to develop youth’s Safety Plan; youth and parent sign agreement to follow the safety plan

37 Phase 5 – Restorative ProcessSocial worker and probation counselor meet with youth and parents/family in FIRS Center Restorative Inquiry is used to facilitate a dialogue between the youth and parent about what happened Provides a pathway to discussion about service needs

38 Restorative Inquiry Who was harmed by my behavior?What was the harm done? How did it affect each family member? How did it affect me? How did it cause damage or problems? What can I do to help repair the harm, damage or problems that were caused, and make amends to my family? What could I have done differently so that my behavior was not hurtful? What do I need so that I can stay safe and non-violent with my family? What is my plan to prevent this from happening again?

39 Phase 6 – FIRS Agreement Following restorative process, the probation counselor, social worker, youth and parents discuss the service plan for the youth. Restorative discussion regarding the needs of the youth/ plan to prevent re-offenses has included the youth and parent’s views of service needs. Step-Up has been discussed, if the youth and family seem a good fit. Other services may include: substance abuse eval & counseling, mental health evaluation & tx, in-home family counseling, or other court offered EB intervention

40 FIRS AGREEMENT SIGNINGYouth and parents sign a ‘Firs Agreement’ - an agreement to attend specific services and follow the ‘Safety Plan’ to prevent further violence. After agreement is signed, case is no longer a court matter A probation counselor in the community (in area of youth’s residence) provides monitoring of the youth’s progress and compliance with attending services by checking in with youth and parents regularly over the course of the contract – usually 6 months.

41 Overview of FIRS components and processAssess Violence / Family Safety Severity of Violence Safety Concerns Safe to Go Home? If not safe to return home, team w/ JPC and family to develop plan Safety Plan to Prevent Re-Offense Safety Plan with Youth and Parent Safety Plan with Parent Restorative Dialogue with Youth and Parent Youth and Family return home with Safety Skills and a Safety Plan Social Worker and JPC team to assess Service Needs / Develop Plan Identify Needs Identify Services Develop Service Agreement Youth and Family return home with a Service Plan

42 King County Juvenile Court Response to AFV No Action by OfficerDetention Screening Assessment for FIRS Center eligibility; FIRS Team Reviews case for FIRS process eligibility; May be rejected if not appropriate for FIRS & case sent back to Prosecutor FIRS Eligible – Youth transferred to FIRS Respite Center FIRS PROCESS Violence Risk /Safety Assessment Safety Planning Assess service needs Restorative Process FIRS Agreement Referral to Services Field JPC follow-up on case Officer Transports youth to juvenile detention (must be probable cause) Violent Incident / Call to Police Officer does not take youth Police Report sent to Prosecutor NOT FIRS Eligible- Stays in detention to First Appearance Hearing following day; May be released w/ safety plan; May go on Diversion, be filed or dropped / dismissed. Prosecutor sends case to FIRS Team if eligible

43 Outcomes The University of Washington just completed a process and impact evaluation of the first 9 month pilot of the FIRS program. 60% reduction in the number of YFV youth in detention in the first 9 months of the FIRS Respite Center Of the youth with signed FIRS agreements, 22.6% were re-referred back to juvenile court for another criminal matter within 12 months compared to 39.5% of the youth who did not sign a FIRS agreement. For the youth who were referred back to juvenile court within 12 months, re- offenses were most likely to occur within the first two months of the FIRS referral.

44 Some learning in our first yearChallenges FIRS is not for every youth High risk youth who have had prior offenses are not a good fit For youth who choose not to comply with their agreement, there is no consequence – parents have to call the police again to re-enter the system. This is difficult for parents. Screening carefully is important Successes Parents feel supported and validated by the immediate response Youth take it seriously because they are receiving high attention in a supportive manner The opportunity for families to have a break with time to rest and re-group after a violent incident in the home helps everyone make better decisions Therapeutic environment instead of detention reduces resistance by youth

45 Safe Families ContinuumPrevention Intervention Supporting Healthy Family Functioning Addressing Specific Family Safety Needs FIRS

46 Families calling 911 can now be assured of support and help for their youthFamily Intervention Restorative Services FIRS